CYBERCRIME, CYBERBULLYING and

CYBERLIBEL: Salient Features

Atty. Prime Antonio Ramos
CYBERCRIMES
Crimes done through the use of a computer or a
computer network, i.e. internet
OFFENSES against confidentiality, integrity and
availability of computer data and systems:
• Illegal access
• Illegal interception
• Data interference – vandalism
• System interference
• Misuse of devices
• Cyber-squatting
CYBERSQUATTING or DOMAIN
SQUATTING
Acquisition of domain name in the internet in bad
faith to profit, mislead, destroy reputation, and
deprive others from registering the same if it is
already registered (trademark, intellectual property)
example
example
example

SOURCE: www.upcounsel.com/cybersquatting-examples
OFFENSES which are computer related:
• Forgery
• Fraud
• Identity thef
COMPUTER RELATED FORGERY (FIRST ACT):
1. Input, Alteration, Deletion
2. Any Computer Data
3. Without right
4. Making it Inauthentic
5. Regardless whether readable and intelligible
6. With intent that it be considered or acted upon for legal
purposes as if it were authentic
COMPUTER RELATED FORGERY (SECOND ACT):
• The use of the forged computer data knowingly to
perpetuate a fraudulent or dishonest design.

Note: There must be knowledge in the use of the forged

computer data.
SOURCE: www.bworldonline.com/content.php?id=89217
COMPUTER RELATED IDENTITY THEFT:
1. Intent
2. Acquisition, use, misuse, transfer, possession,
alteration or deletion
3. Identifying information of a person, natural or
juridical
4. Without right
COMPUTER RELATED IDENTITY THEFT:
1. Intent
2. Acquisition, use, misuse, transfer, possession,
alteration or deletion
3. Identifying information of a person, natural or
juridical
4. Without right
OFFENSES which are computer related:
• Cybersex
• Child pornography
• Libel
CYBERSEX:
• See Pita vs. Court of Appeals (Pinoy Playboy Case)
• Same as cyber prostitution because of “favor or
consideration”
ELEMENTS OF CYBERSEX:
1. Willful engagement, maintenance, control or
operation, directly or indirectly;
2. Any lascivious exhibition of sexual organs or sexual
activity
3. With the aid of a computer system
4. For favor or consideration
CHILD PORNOGRAPHY:
Visual, audio or written combination, by electronic,
mechanical, digital, optical, magnetic or any other
means, of a child engaged or involved in real or
simulated explicit sexual activities

See: RA 9775 (Anti-Child Pornography Act)

WHAT IF YOU REPLIED TO A TWEET CONTAINING
CHILD PORN, ARE YOU LIABLE?
• SC said No. Aiding and abetting in child pornography is
void and unconstitutional.
• Congress needs to address issue to relieve users of
annoying fear of possible criminal prosecution.

WHY? Because if a person replies to a tweet with child

porn, he effectively republishes it, wittingly or unwittingly.
OTHER OFFENSES:
• Aiding and abetting commission of cybercrime
• Attempt in the commission of cybercrime
• Those punished under the Revised Penal Code or
other special laws by using information and
communications technology
IS IT A CRIME TO RECEIVE SPAM?
• SC: No. People have been receiving unsolicited ads by
mail. Recipient has option not to open or read these
mails. To prohibit unsolicited ads would deny a
person the right to read his emails, even unsolicited.
(i.e. viagra, poker, etc.)
LIBEL:
As defined by the Revised Penal Code done through a
computer
LIBEL:
Public and malicious imputation of a crime, or of a vice
or defect, real or imaginary, or any act, omission,
condition, status or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead
LIBEL:
Public and malicious imputation of a crime, or of a vice
or defect, real or imaginary, or any act, omission,
condition, status or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead
(Art 353, RPC)
LIBEL:
Every defamatory imputation is presumed to be
malicious, even if it be true, if no good intention and
justifiable motive for making it is shown, except:
1. A private communication made by any person to
another in the performance of any legal, moral or
social duty; and
LIBEL:
2. A fair and true report, made in good faith, without
any comments or remarks, of any judicial, legislative
or other official proceedings which are not of
confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any other
performed by public officers in the exercise of their
functions. (Art. 354, RPC)
POLLO vs. DAVID, CSC (2011)
LESSON LEARNED:
• Reasonable expectation of privacy
• Use of government computers
DISINI vs. DOJ (2014)
LESSON LEARNED:
• Constitutionality of Cybercrime Prevention
Act
• Mere “liking” of a post is not criminal
VIVARES and SUZARA vs. STC (2014)
LESSON LEARNED:
• If your FB posts are “public”, it can be
accessed by anyone.
• Reasonable expectations of privacy
• Even if it is “friends” only, it can still be seen
by someone not your friend
CYBERBULLYING:
• RA 10627: Anti-Bullying Act of 2013
BULLYING:
Any severe or repeated use by one or more students of
a written, verbal or electronic expression, or physical
act or gesture, or any combination thereof, directed at
another student
BULLYING:
1. Actually causing or placing the bullied student in
reasonable fear of physical or emotional harm or
damage to his property;
2. Creating a hostile environment at school to the student;
3. Infringing on the rights of the other student at school
4. Disrupting the educational process or the orderly
operation at school
ACTS, BUT NOT LIMITED TO:
• Any unwanted physical contact between the bully and the victim
(punching, pushing, shoving, teasing, etc.)
• Act that causes damage to victim’s psyche and/or emotional well-
being
• Any slanderous statement or accusation that causes the victim undue
emotional distress (i.e. foul language, profanity, name-calling, etc.)
• Bullying done through technology or electronic means
(cyberbullying)