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Aquino signs law against cybersex, other internet-related crimes



Korean, Chinese and Taiwanese nationals are caught during an anti-cybercrime raid in Cainta, Rizal.INQUIRER FILE PHOTO

MANILA, Philippines—Stripping for a sex show on the Internet? Think twice. Cybersex is now a crime in the Philippines.

President Benigno Aquino III has signed into law Republic Act 10175 or the Cybercrime Prevention Act of 2012, deputy presidential spokesperson Abigail Valte said Saturday.

It bans cybersex or the “wilful engagement, maintenance, control or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer, for favor or consideration.”

The key piece of legislation that Aquino signed into law Wednesday penalizes child pornography, some forms of Internet spam and even online libel, said Valte.

Also listed as punishable cybercrimes are forgery, fraud, identity theft and attacks against the confidentiality, integrity and availability of computer data system, illegal access, illegal interception, data interference, system interference, and misuse of devices.

Valte said the law also prohibits unsolicited commercial communications, defined as the transmission of commercial electronic communication via a computer to advertise or sell products or services.

But there are exemptions to this:  if there is prior consent from the recipient; the communication is an announcement from the sender to users; and if there is an easy, reliable way for the recipient to reject this, among other conditions.

“These unsolicited communication has gotten the ire of many people,” Valte said.

Cyber-squatting, or the acquisition of a person’s domain name in bad faith to profit, mislead, destroy the reputation and deprive others from registering the same, is also now a crime, she said.

The law classified cybercrimes in the Philippines into two categories: Internet Crimes and Commercial Crimes committed with the use of the Internet.

Existing laws punishing Internet crimes in the Philippines are the Anti-Photo and Voyeurism Act of 2009, Anti-Child Pornography Act of 2009, and Anti-Trafficking in Persons Act of 2003.

The cybercrime law provides a range of penalties for different penalties.

For instance, individuals found guilty of cybersex face  imprisonment of prison mayor (6 years and 1 day  to 12 years) or a fine of at least P200,000 but not exceeding P1 million. Those guilty of child pornography via computer face a penalty one degree higher than that provided by the Anti-Child Pornography Act of 2009. Those guilty of unsolicited communication face  imprisonment of arresto mayor (one month and one day to six months) or a fine of at least P50,000 but not more than P250,000, or both.

The National Bureau of Investigation is tasked with enforcing provisions of the law. Together with the Philippine National Police, it will organize a cybercrime unit or center manned by cybercrime special investigators.

Courts will be designated as cybercrime courts to handle such crimes.

The law mandates the creation of an Office of Cybercrime under the Department of Justice to act as the central authority on international mutual assistance and extradition, as well as a Cybecrime Investigation and Coordinating Center to coordinate policy among agencies, and formulate national cyber security plan.

“The CICC shall be headed by the Executive Director of the Information and Communications Technology of this office,’’ Valte said. With TJ Burgonio, Philippine Daily Inquirer


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Tags: Child Pornography , Cybercrime , Cybercrime Prevention Act of 2012 , cybersex , Fraud , Law

  • akimaxx

    Foreigners who are involved in Addictive drug manufacturing and Cyber-sex crimes must have stiffer penalty to these crimes. In China, drug trafficking means death penalty, in the Philippines, deportation to their mother country. Penalty for Cyber-crimes— 250,000 pesos or roughly $6.OOO, that’s cheap to a foreigner.

    Lawmakers, do a little Math. Foreigners who did crimes here in our country and found guilty doesn’t mean (or equivalent to), IT’S MORE FUN IN THE PHILIPPINES.

    • http://profile.yahoo.com/SGPML3QPKSS4U6HA3WT4QEG3GQ Fredle

      Ahm i’m foreigner and 6000 dollars are not cheap at all to me, its huge! But i will not do any crime in Phils so i dont care ;)

      • akimaxx

        My point is, $6,000 are cheap penalty to cyber sex offenders, not to tourists who want to enjoy our country, so, it’s more fun in the Philippines. You’re welcome here.

      • http://profile.yahoo.com/SGPML3QPKSS4U6HA3WT4QEG3GQ Fredle

        Yes you are rite its too cheap in comparaison to the delict, it should be 60 000 so the cyber sex customers would think twice before doing this. But u said it like if 6000 is peanuts for a foreigner but i can tell you its a big amount for most of us. For example, i would have to work many monthes to earn this. But i agree with you that 6000 is too small to punish sex exploitation of young poeple. To finish i would like to say i really like your country and your poeple and will come back for sure. Ingat :)

  • http://twitter.com/CgSinta Cherry Gato

    Sana naman, Pumirma din siya ng LAW na nagbabawal sa mga corporasyon, mga hospital at iba pang establisimyento na tanggihan ang mga bagong graduate at walang experience na applikante…kakainis …lahat ibinawal na pero hindi naman tinutulungan ang sambayanan makahanap ng disenteng mapagkakakitaan.

  • kismaytami

    May pagkakakitaan na naman ang mga kotongero sa NBI at PNP.

    Nakakahalata na ako. Lahat nang da-moves ng gobyerno eh diretso sa bulsa nila ang goal.

  • http://twitter.com/DemocratesJ Joshua Democrates

      The
    signing of RA 10175 into law by Aquino confirmed his support with the
    corrupt politicians and suppressed the right of its citizens to disclose
    government thieves and vent their anger through internet. Under chapter
    2, section 4, paragraph B no. 4 (content related offenses) is the
    inclusion of Libel. Any person who defamed anyone through the use of
    internet is punishable by imprisonment and a fine of P500,000.

    PNoy, internet is our only tool to put into shame and vent our angers
    against corrupt politicians who are stealing our hard earned taxes
    without fear of libel. This is our money not yours and yet you sided
    with the CORRUPT OFFICIALS to protect them not with your people.

    The congressman and senator Angara who sponsored the bill are
    intentionally inserting the libel provision to protect lawmakers who are
    corrupt and stealing our money so that they can get back and suppress
    people from criticizing them and shaming them in public through the 
    internet.

    FREEDOM OF THE PEOPLE TO EXPRESS, CRITICIZE AND VENT THEIR ANGERS
    AGAINST THIEVES IN OUR GOVERNMENT IS DEAD. PHILIPPINES IS A HOPELESS
    COUNTRY.

    • http://pulse.yahoo.com/_3TWVIBNBHJIBKXLUC5IT2JYM5E Harry

      The Freedom of Speech died when the President signed the law. Whistle-blowing will become libel.

  • kalikasanipagtanggol

    Please make sure sa mga units na bubuuin na walang pedophiles sa mga pulis dahil baka sila pa ang mauna sa mga batang mahuhuli…..Kumilos na kayo at marami sa caloocan at dasmarinas cavite ang cybersex den!

    • http://pulse.yahoo.com/_RQAI5FOTAR2RBE2QLM7F6SJKOY Jun

      oh yeah! dasmarinas is the place to be ;)

  • farmerpo

    Magkakaroon ng open source cybersex, mark my word. Pinoy pa?  

    • calipso_2100

      Correct “free cybersex”.  Pero under the radar na ang bayad. Money transfer.

  • http://twitter.com/Borogol Borogol

    alam ko kung saan yan…

    btw, na raid nyo ang cainta, e bakit meron pa rin dun spakol?

    sa bagay, protektado kasi ng mayor e… income generating siguro…

  • boymanok

    magandang batas pero sana maipatupad ng maayos..baka mauwi sa  ningas-kugon lang yan o maging bagong ugat ng corruption ng mga autoridad na mango-ngotong

  • sacrebleau

    Just another reminder that we live in a hypocritical roman catholic country. Cybersex is now a crime, but for those in the know, social network sites are being used to offer a selection of 15 to 17 year old students at very reasonable rates. And of course there is Air Force 1, Classmates and Happy Massage!

    Our politicians are so out of touch.

  • gyvv

    unsolicited communication… hehehe… pwede na ipakulong ung commenters na agitators and no breeding … cool!



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