October 2, 2012, when I opened my facebook account, I saw all these
posts relating to “Cybercrime Law” being passed by our lawmakers. As to my
surprised, all posts contain negative feedbacks. These forced me to search the
content of the said law. It took me a while to find a complete copy of
Republic Act No. 10175, also known as “Cybercrime Prevention Act of 2012″. For some unknown reason, the website of the Philippine government,
www.gov.ph, where I planned to get a copy,
cannot be accessed.
After
successfully finding a copy of the law, I quickly browsed the content and searched
for the list of punishable act or offenses against it. Chapter II Section 4 enumerates
the punishable acts. From my own understanding, the punishable acts can be
summarized to 1.) hacking, 2.) cyber pornography, and 3.) cyber fraud.
From the
article of Jasmine Solivas-Dayacap on The Cybercrime Prevention Act last
September 20, 2012, that was posted in
www.iplaw.ph, cybercrime is defined as follows:
“The heart of the new law is its second
chapter enumerating thirteen (13) acts constituting the offense of “cybercrime”
which are classified into three categories of offenses:
(1) Offenses against the
confidentiality, integrity and availability of computer data and systems, i.e.,
Illegal Access, Illegal Interception, Data Interference, System Interference,
Misuse of Devices, and Cyber-squatting;
(2) Computer-related Offenses, i.e., Computer-related Forgery, Computer-related
Fraud, and Computer-related Identity Theft.
(3) Content-related Offenses, i.e., Cybersex, Child Pornography, Unsolicited
Commercial Communications (otherwise known as spamming), and Libel.”
According to Senator Chiz Escudero, the
provision regarding libel slipped from their scrutiny. The libel provision in
the said bill is now the centre of protest of the online community. There are
also moves from Senator Teofisto Guingona III to file a petition with the
Supreme Court to review the said bill.
Another issue with regards this new law is the
weight of punishment for the offenders. A fine of Php 50,000 – 1,000,000 or
more and a prison term of 1 month – twelve years, or both depending on the
cybercrime committed.
It is nice to know that our lawmakers finally passed a law against
cybercrime, but hopefully, this will not also violates the rights the freedom
of expression of the Filipinos. It is also disappointing that there are pending
bills in the senate that needs much immediate attention than the Cybercrime
Law.
(Note: I tried searching for a
list of pending legislation/laws in the senate to no avail. Again to some unknown reason, my browser cannot
connect to www. Senate.gov.ph)