What is RA 10175 or Cyber Crime Prevention Act of 2012 - Scope and Penalties


Republic Act (RA 10175) was approved by PNOY last September 12, 2012. It is an act defining cyber crime, providing for prevention, investigation, suppression and the imposition of penalties therefor and for other purposes.

The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for efficient  and effective law enforcement of the provisions of this Act. The NBI and PNP shall organize a cyber crime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.


RA 10175 Scope and Penalties

Approved: September 12, 2012
Scope: Punishable acts includes,

Section 4 - Cyber Crime Offenses

(a) Offenses against confidentiality, Integrity and availability of computer data and system
1. Illegal Access
2. Illegal Interception
3. Data Interference
4. System Interference
5. Misuse of Devices
6. Cyber-squatting

(b) Computer Related Offenses
1. Forgery
2. Fraud
3. Identity Theft

(c) Content Related Offenses
1. Cyber Sex
2. Child Pornography
3. Unsolicited Commercial Communications
4. Libel

Section 5 - Other Offenses
(a) Aiding or Abetting in the Commission of Cyber Crime
(b) Attempt in the Commission of Cyber Crime

Penalties: 
1. For sections 4a and 4b, imprisonment of prision mayor or a fine of at least P200,000 or both.
2. For section 4a5, imprisonment of prision mayor or a fine of not more than P500,000 or both.
3. If section 4a are committed in critical infrastructure, penalty of reclusion temporal or a fine of at least P500,000 or both.
4. For section 4c1, imprisonment of prision mayor or a fine of at least P200,000 but not exceeding P1,000,000 or both.
5. For section 4c2, penalties as enumerated in RA 9775 or Anti-Child Pornography Act of 2009. 1 degree higher if committed in computer system.
6. For section 4c3, punishment of arresto mayor or a fine of at least P50,000 but not exceeding P250,000 or both
7. For section 5, punishment of 1 degree lower of the prescribed penalty for the offense or a fine of at least P100,000 but not exceeding P500,000 or both.
8. Corporate liability is equivalent to at least double the fines imposable in section 7 up to maximum of P10,000,000.

Number of Chapters: 8
Number of Sections: 31
Effectivity: 15 days after publication on at least 2 national newspapers of general circulation


Benefits and Advantages of RA 10175

1. Business on the internet are protected with this law.
2. Cyber Sex and Cyber Bullying is now a crime and punishable.
3. Tech knowledge for government will be lift up to combat cyber crimes such as hacking and theft.

Source:
Official Gazette RA 10175


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