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1.

E – COMMERCE ACT OF 2000 (RA 8792)

 Also known as Electronic Commerce Act


 It was signed into law by President Joseph E. Estrada on June 14, 2000
 It is an Act providing for the recognition and use of electronic commercial and non-
commercial transactions and documents.
 It is the practice of buying and selling goods and services through online consumer
services on the internet. In such transactions the products and services are sold
through an electronic medium, without any using paper documents.

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.

2. ANTI – CHILD PORNOGRAPHY ACT OF 2009 (RA 9775)

 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.

4. DATA RPIVACY ACT OF 2012 (RA 10173)


 It is the policy of the state to protect the fundamental human rights of privacy, of
communication while ensuring free flow of information to promote innovation and
growth.
 The state recognizes the vital role of information and communication technology
in nation-building and its inherent obligation to ensure that personal information
in information and communications systems in the government and in the private
sector are secured and protected.
 It is a law that seeks to protect all forms of information, be it private, personal, or
sensitive. It is meant to cover both natural and juridical persons involved in the
processing of personal information.

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.

6. EXPANDED ANTI-TRAFFICKING IN PERSONS ACT OF 2012 (RA 10364)

 The Republic Act 9208 was amended through RA 10364


 It was signed into law by President Benigno S. Aquino III on February 6, 2013
 It is an Act to institute policies to eliminate trafficking in persons especially women
and children, establishing the necessary institutional mechanisms for the
protection and support of trafficked persons, providing penalties for its violations
and for other purposes.
 It is hereby declared that the state values the dignity of every human person and
guarantees the respect of individual rights. In pursuit to this policy, the state shall
give highest priority to the enactment of measures and development of programs
that will promote human dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and mitigate pressures for
involuntary migration and servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation and
integration into the mainstream of society.

 TRAFFICKING PERSON – refers to the recruitment, obtaining, hiring, providing,


offering, transportation, transfer, maintaining, harboring, or receipt of persons
with or without the victim’s consent and knowledge, within or across national
borders by means of threat, or use of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or position, taking advantage of the vulnerability
of the person, or, the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs

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.

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