The RA 10175, Cybercrime Prevention Act of 2012 in the Philippines

 "We don't have choice on whether we do social media, the question is how well we do it"- Erik Qualman. 

Social media is a tremendously strong platform that has a significant impact on both individuals and society as a whole. Social media is a powerful tool because it allows us to provide and receive access to a variety of resources, such as information, facts, feelings, ideas, and/or questions about anything under the sun. 

social media - Bing images

These given powers to users may be very beneficial for gathering data, facts, connections, and even entertainment. With all of this said, it is true that how we use social media and how we integrate it into our lives, cultures, and realities. 

It is true that certain people in this large network of platforms will utilize their power for good or harm. The openness, flexibility, and boundlessness of these social media platforms are viewed as opportunities for others to share goodness or, in some cases, for people to employ for their own benefit. 

online perpetrator illustration - Bing images

Cyberbullying is a serious health risk for impacted youth, as well as a major health threat to those who have suffered psychological trauma as a result of perpetrators on social media.  It has been identified as a potential cause of suicide, with adolescents who have experienced bullying or cyberbullying nearly twice as likely to attempt suicide. (wikipedia). 

According to the UNICEF poll, the United Nations organization fighting for children's rights, one in every three young people in 30 countries has been a victim of online bullying, and one in every five has skipped school due to cyberbullying and violence. According to the most recent national data, cyberviolence affects over half of children aged 13 to 17. (UNICEF, September 2019). According to a 2015 study, 80% of Filipino youths aged 13 to 16 are still victims of cyberbullying (Takumi, 2016).

cyber bullying - Bing images

With all of the malice occurring on social media that has a significant impact on the people of the Philippines, the Philippine government adopted Republic Act No. 10175, popularly known as the Cybercrime Prevention Act of 2012, on September 12, 2012. Its goal is to address legal concerns related to online interactions and the Internet in the Philippines. The legislation defines cybercrime and provides for the prevention, investigation, and suppression of cybercrime offenses such as cybersquatting, cybersex, child pornography, identity theft, and unauthorized data access. (wikipedia). 

There were no particular laws in the Philippines that criminalized computer crimes prior to the passage of this law. The legal basis of the statute is consistent with the Budapest Convention's Cybercrime Prevention Act. The legislation has substantive penal, procedural, and international cooperation provisions.

Republic Act 10175's goal is to protect customers who rely on cyber laws to protect them from online fraud or identity theft. This law is intended to prevent identity theft, fraud, and credit card theft, as well as other financial and commercial crimes that commonly occur online.

binigno aquino signing ra 10175 - Bing images

On September 12, 2012, President Benigno Aquino III signed the Cybercrime Prevention Act of 2012, which tackles comprehensively offenses perpetrated against and through computer systems. It includes substantive criminal, procedural, and international cooperation requirements.

In the Philippines, amendatory bills on cybercrime investigations are in the works, with the goal of introducing new procedural authorities, duties, and extradition provisions. These amendatory measures seek to give prosecutors and investigators with a structured approach to cybercrime investigations and to further align national legislation with the Budapest Convention.

The Cybercrime Prevention Act of 2012 focuses on the prevention, detection, and prosecution of cybercrimes such as violations of computer data and system privacy, confidentiality, integrity, and availability, computer-related offenses, and content-related offenses. 

Its original purpose was to prosecute activities like cybersex and child pornography in Republic Act 9775 and identity theft and unwanted electronic communications in Republic Act 10173. 

The Cybercrime Prevention Act of 2012 allows for up to 12 years in prison for making defamatory comments on social media platforms such as Facebook and Twitter. Though internet libel was not included in the initial bill offered by the DOJ, the Senate passed an amendment to include it, which was principally proposed by Senator Vicente Sotto III.

the offenses that fall under the Cybercrime Prevention Act of 2012:

Offenses Against Confidentiality, Integrity, and Availability of Computer Data and Systems

1. Illegal access
2. Illegal interception
3. Data Interference
4. System Interference
5. Misuse of Devices
6. Cyber Squatting

Computer-Related Offenses

1. Computer-related forgery
2. Computer-related Fraud
3. Computer-related Identity Theft

Content-Related Offenses

1. Cybersex
2. Child Pornography
3. Unsolicited Commercial Communications
4. Libel

Other Offenses

1. Aiding or abetting in the Commission of Cybercrime
2. Attempt in the Commission of Cybercrime
3. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act.

The allegation of a discreditable act or situation involving another, publication of the charge, identity of the person defamed, existence of malice, and the imputation must be malicious are further elements to consider for cyber libel crime.

The components of cyber libel are as follows, based on Section 4(c)(4) of R.A. 10175, in connection to Revised Penal Code Articles 353 and 355:

a. A crime, a fault or flaw, actual or imagined, or any act, omission, condition, status, or circumstance must be imputed.

b. The imputation must be made publicly, which means that at least one other person, in addition to the author and the person defamed or alluded to in the post, must have seen the libelous post.

c. The imputation must be malicious, which means that the author of the defamatory post did so knowing it was false or with reckless disregard for its truth or falsity. Yunchengco vs. The Manila Chronicle Publishing Corporation, G.R. No. 184315 (November 25, 2009).

d. The imputation must be directed at a natural or juridical person, or a deceased person, which requires that the post name the person defamed, or that the person defamed is identifiable by a third person.

e. The imputation must have the potential to bring disgrace, discredit, or contempt upon the person defamed. (Luis B. Reyes, Revised Penal Code, Fifteenth Edition, 2001, p. 932.)

f. The imputation was performed using a computer system or any other equivalent means that may be developed in the future. Section 4(c)(4) of R.A. 10175)

Who and how can a person be held accountable for cyber libel? There are legitimate causes for the crime of cyber libel; 

1. The defamatory post's author, which includes the person who will publish, exhibit, or cause the publishing of the libelous post. This would apply to the person who created the slanderous post.

2. If the defamatory post appears in a book, pamphlet, newspaper, magazine, or serial publication, the editor or business management should be contacted.

So what now are the different cyber libel penalties?

Traditional libel is punishable as follows under the Revised Penal Code, as amended by Republic Act No. 10951:

“Art. 355. Libel through literature or other comparable techniques. shall be penalized by prisión correccional in its minimum and medium durations, or a fine ranging from 40,000 to 1,200,000 pesos, or both, in addition to any civil action brought by the offended party."

The minimum penalty under Prision Correccional is imprisonment for 6 months and 1 day to 2 years and 4 months. Prision Correccional, on the other hand, has a medium duration of incarceration ranging from 2 years, 4 months, and 1 day to 4 years. 

The Cybercrime Prevention Act of 2012, on the other hand, sanctions cyber libel as follows:

"Section Six." All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through, or with the use of information and communications technologies, shall be covered by the relevant provisions of this Act: Provided, however, that the penalty imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as applicable."

Cyber libel is one of the most common offenses under this law, and to be honest, it is also one of the simplest crimes a person could commit if they are unaware of the law, and especially if they lack fundamental social media ethics and manners. It does not imply that it is a free and diversified forum that people could use to hurt another person's feelings, mental health, or reputation.