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PENALTIES
a) Hacking or cracking, refers to unauthorized access including the introduction of
computer viruses, is punishable by a fine from One Hundred Thousand Pesos
(P100, 000.00) to maximum commensurating to the damage. With imprisonment
from Six (6) to Three (3) Years.
b) Piracy through the use of telecommunication networks, such as the internet, that
infringes intellectual property rights is punishable. The penalties are the same as
Hacking (a)
c) Other violations of the provisions of this act, shall be penalized with a maximum
penalty of One Million Pesos (P1, 000,000.00) or Six (6) years imprisonment.
This act was passed on Oct. 13, 2008 and signed on November 17, 2009 by
President Gloria Macapagal Arroyo
The state recognizes the vital role of the youth in nation building and shall promote
and protect their physical, moral, spiritual, intellectual, emotional, psychological
and social well-being.
Child Pornography refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic, or any
other means of child engaged or involved in real or simulated explicit sexual
activities.
PENALTIES/UNLAWFUL/PROHIBITED ACTS
a) To hire, employ, use, persuade, induce, or coerce a child to perform in the creation
or production of any form of child pornography
b) To produce, direct, manufacture, or create any form of child pornography
c) To publish offer, transmit sell, distribute, broadcast, advertise, promote, export,
or import any form of child pornography
Any person guilty of committing the above act shall suffer the penalty of RECLUSION
TEMPORAL (12 Years and 1 day to 20 Years) in its maximum period and a fine of not
less than One Million Pesos (P1,000, 000.00) but not more than Two Million Pesos (P2,
000, 000.00)
3. ANTI – PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995)
This act was passed on Nov. 18-Dec.1, 2009 and signed on February 15, 2010 by
President Gloria Macapagal Arroyo
The state values the dignity and privacy of every human person and guarantees
full respect for human rights. Toward this end, the state shall penalize acts that
would destroy the honor, dignity and integrity of a person.
This law is geared towards the prohibition of taking photo or video coverage of a
person or group of persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as the naked or
undergarment clad genitals public area, buttocks or female breast without the
consent of the person/s involved and under circumstances in which the person/s
has/have a reasonable expectation of privacy.
VOYUERISM – practice of gaining sexual pleasure from watching others when
they are naked or engaged in sexual activity.
PENALTIES
a) Imprisonment of not less than three (3) years but not more than seven (7) years.
b) A fine of not less than P100,000.00 but not more than P500,000.00
c) Both
d) If the violator is a juridical person, its license or franchise shall be automatically
be deemed revoked.
e) If the offender is a public officer or employee, or a professional, he/she shall be
administratively liable.
f) If the offender is an alien, he/she shall be subject to deportation proceedings after
serving his/her sentence and payment fines.
PENALTIES
a) Persons having knowledge of a security breach involving sensitive personal
information and of the obligation to notify the commission of the same, and who
fail to do so, may subject for penalties
b) 6 months to 5 years of imprisonment.
5. CYBERCRIME PREVENTION ACT OF 2012 (RA 10175)
It was signed into law by President Benigno Aquino III on September 12, 2012
The state recognized the vital role of information and communication industries
such as content production, telecommunications, broadcasting, electronic
commerce, and data processing, in the nation’s overall social and economic
development.
The state also recognizes the importance of providing an environment conducive
to the development, acceleration, and rational application and exploitation of
information and communication technology (ICT) to attain free, easy, and
intelligible access to exchange and/or delivery of information; and the need to
protect and safeguard the integrity of computer, computer and communications
systems, networks, databases, and the confidentiality, integrity, and availability of
information and data stored therein, from all misuse, abuse, and illegal access by
making punishable under the law such conduct or conducts.
This law punishes content-related offenses such as cybersex, child pornography,
and libel which may be committed through a computer system. It also penalizes
unsolicited commercial communication or content that advertises or sells products
or services.
PROHIBITED ACTS/PENALTIES
a) Illegal access, illegal interception, data interference, system interference, misuse
of devices, cyber-squatting are punishable to Prision mayor (imprisonment of six
(6) years and one (1) day up to twelve (12) years or a fine at least two hundred
pesos (P200,000.00) up to maximum amount commensurate to the damaged
incurred or BOTH.
b) Computer-related Forgery, Computer-related Fraud, and Computer-related
Identity Theft are punishable same as above (a)
c) Cybersex is punishable to Prision mayor (imprisonment of six (6) years and one
(1) day up to twelve (12) years or a fine at least two hundred pesos (P200, 000.00)
but not exceeding One Million Pesos (1, 000, 000.00) or BOTH.
d) Child Pornography – penalty to be imposed shall be one degree higher than that
provided for in RA 9775, if committed through computer system.
PENALTIES
ACT PENALTY
Acts of Trafficking 20 years imprisonment and a fine of P 1
Million to P 2 Million Pesos
Attempted Trafficking 15 years imprisonment and a fine of P
500,000 to P 1 Million Pesos
Accomplice Liability 15 years imprisonment and a fine of P
500, 000 to P 1 Million Pesos
Accessories 15 years imprisonment and a fine of P
500, 000 to P 1 Million Pesos
Acts that Promote Trafficking 15 years imprisonment and a fine of P
500, 000 to P 1 Million Pesos
Qualified Trafficking Life Imprisonment and a fine of P 2
Million to P 5 Million Pesos
Violation of Confidentiality Six (6) years imprisonment and a fine of
P 500,000 to P 1 Million
Use of Trafficked Person Imprisonment of Prision Correccional or 6
months and 1 day to 6 years and P 50,
000 to P 100, 000 fine.