Transcript:
Quick fact: Do you know that as many as 87 percent of Filipino Internet users were identified as victims of crimes and malicious activities committed online? These includes people who were victimized by malware invasion, online phishing scams and sexual predation. It is a serious number. If you consider last year’s statistics – the Philippines had 50.77 million internet users which is even projected to grow to 57.84 million by 2022, you will realize what a big mess we are in. Thus the need for RA 10175 – also commonly known as The Cybercrime Prevention Act of 2012.
Sex sells: child pornographers, sextortionists, hackers, and other scoundrels lurk in the deep web and make no mistake for they prey on our weaknesses.
The E-commerce act was in place prior RA 10175 however it wasn’t enough to deter would be perpetrators. 2 government agencies – PNP and NBI – were trained in computer forensics and cybercrime investigation techniques but with their hands tied, they can only do so much. Enter the Cybercrime Act with fangs.
5 important key points:
1. RA 10175 punishes content-related offenses such as cybersex, child pornography and libel which may be committed through a computer. It also penalizes unsolicited commercial content that advertises or sells products or services.
2. Individuals found guilty of cybersex face a jail term of 6 years and one day to 12 years or a fine of at least P200,000 but not exceeding P1 million.
3. Child pornography via computer carries a penalty one degree higher than that provided by RA 9775, or the Anti-Child Pornography Act of 2009. Under RA 9775, those who produce, disseminate or publish child pornography will be fined from P50,000 to P5 million, and slapped a maximum jail term of reclusion perpetua, or 20 to 40 years.
3. Persons found guilty of unsolicited communication – meaning wiretapping or unlawful recording of conversations – face imprisonment for 1 month and 1 day to 6 months or a fine of at least P50,000 but not more than P250,000 or both.
4. The law also penalizes offenses against the confidentiality, integrity and availability of computer data and system, such as illegal access, illegal interference, misuse of devices, and cybersquatting. Also covered by the law are computer-related forgery, fraud and identity theft.
5. Libel in the Revised Penal Code is punishable by prison for 6 months and one day to 6 years. But according to RA 10175 sec. 6, when it is committed with the use of communications and information technology, the penalty is increased by one degree making it 6 years and one day to 12 years.
Now, the hard questions.
How do we prevent our accounts from being hacked or our gadgets from accidentally downloading malware? I will not get tired from saying this. REDUCE YOUR DIGITAL FOOTPRINT. Those apps getting your facial biometrics and private data in exchange for your horoscope or celebrity lookalike? Trust me. YOU DO NOT NEED THEM. Keep your private data, well, private.
Cyber libel? Read and research if unsure. Verify even if you only feel the slightest hint of uncertainty before going berserk online. Truth is not a defense in libel. What is at issue is the necessity of saying it. If there is justifiable reason for the utterance, it is not libel. But if there’s none, remember always think before you click.
As you can see, sexual predators thrive and feed on the innocent and vulnerable. They prey on children. On unassuming adults. On persons with disabilities. On people we love. On you and me. Take note of the numbers shown below. Report anything suspicious. Be on guard because these scums do not let up that easy.
My take on the all of this: I’m glad that cybercrimes such as cybersex, child pornography, online estafa and the like are being punished heavily. But in terms of libel, the constitution already has restrictions and penalties in place. That bit on libel was marred by controversy, if you remember. I’m all for punishing libel as a civil wrong. Damages should definitely be dealt with. My fear though is criminalizing libel may and will be used by onion skinned politicians to hamper free speech.
Let me end this with a quote from the great parliamentarian Edmund Burke:
“The only thing necessary for the triumph of evil is for good men to do nothing.”
Mercedes Olavides, this is the bigger picture.
References:
- Arellano Law Foundation. The LawPhil Project. Statutes. Repacts. Retrieved from http://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html
- Inquirer Archives. (2014, February 19). Philippine Daily Inquirer. Technology. In the Know: The Cybercrime Law. Retrieved from http://technology.inquirer.net/34360/in-the-know-the-cybercrime-law
Background music:
- https://www.youtube.com/watch?v=BWjuid5DJuw
Important Contact Details:
- PNP Anti-Cybercrime Group (ACG) – +63 (02) 414-1560
- Southern Luzon
Bicol c/o 5RCIDU, Camp Simeon Ola, Legaspi City, Albay, Tel.+63 (052)820-6476
- Visayas
Cebu PPO Compound, Gaisano St., Sudlon, Lahug, Cebu City, Tel. +63 (032)505-4167
- Western Mindanao
General Santos c/o 12RCIDU, Camp Lira, General Santos City, Tel. +63 (062)992-5012
Zamboanga c/o 9RCIDU, Camp Gen Eduardo Batalla, Justice RT Lim Blvd., Zamboanga City, Tel. +63 (083)553-8332
- Eastern Mindanao
Davao c/o 11RCIDU, Camp Leonor, San Pedro St., Davao City, Tel.+63 (082)224-5601
