MERGED: All about Anti-Cybercrime Law, related issues and developments

[cliff_drew]

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Sorry for the wall post.

can anyone please point me to where it says it's illegal to

a.) torrent
b.) liking a fb (libel?) comment

Republic Act No. 10175 | Official Gazette of the Republic of the Philippines

a.) Torrent

SEC. 6. 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: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

Illegal sharing and downloading of copyrighted or patented materials are violations to section 6 above under "special laws" provision. One of the country's special laws is Intellectual Property Code (RA 8293) which is already existed to penalize the abovementioned violation. The penalty to Sec. 6 will be 1 degree higher than that provided for by the special law which means if the criminal penalty of imprisonment from that special law ranges from two (2) years to five (5) years, the actual penalty then becomes three (3) years to six (6) years. Not just that... Section 7 of this law states that

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

which means the person charged will not be spared from the liability of this Act against the liability from that special law (Intellectual Property Code). Now this becomes double jeopardy! ! !


Total years of imprisonment = [three (3) years to six (6) years] (from RA 10175) + [two (2) years to five (5) years] (from RA 8293)



b.) liking a fb (libel?) comment

SEC. 4. Cybercrime Offenses.
(c) Content-related Offenses:
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

Why add online libel when we already have libel provision under Art. 355 of RPC? We'll start on how it is committed. Libel constitutes 4 elements:

(a) imputation of a discreditable act or condition to another;
(b) publication of the imputation;
(c) identity of the person defamed; and,
(d) existence of malice.


"and may be committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means". 'any similar means' here is vague. And adding libel provision in this Act under Sec. 4(c)(4) now answers the question what 'any similar means' means. It is the internet -- the current medium of information other than printing, writing, etc.

Posting libelous or false accussations in email, fb, twitter, blogs, and other social media are tantamount to violation of Sec. 4(c)(4). Again, the one who violates this clause will be penalized by 1 degree higher than that provided for by the Revised Penal Code -- the same logic of penalty with downloading torrents.


And surprise -- it does not stop there. Sec. 5 of this Act states that

SEC. 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.

which means people or individual who like, re-post, retweet, re-publish or share a libelous statement maybe held liable in violation of Sec. 5. When someone file a libel lawsuit and have substantial evidence against any person and if the DOJ through the Sec. of Justice made prima facie finding, he/she has the sweep power to restrict or block that libelous content under Sec. 19 of this Act.

[P-Chan]

We can always play the Article 3 section 4 or mag pa tabang ta sa UN U.N. Affirms Internet Freedom as a Basic Right - NYTimes.com

[Cheena]

This is just ridiculous. Seriously.

[kimleeKINO_choi]

yup....RA 10175........

ah mao ba? hala pwede pta ka rakrak og mga tinuod nga gipambati nto karn mintras ala pai als dose! ahaka...bati-a diay oie..nalipai pko nga ma lessen ang mga tawng abusado unsaon tabla raman kai bisag bati ma insakto nman...

[P-Chan]

asa ta ka kuha ug info nga kinsa nag himo ani nga law? I've read sah... na katong libel thing gi insert ra man daw... I'm sure everyone is against hacking, child porn and ect.. but come on...Article 3 section 4 much?

[stjohnmedrano]

kita kits lang ta sa prisohan mga bro! bwahahaha....

[FreezedEntity]

Dapat naay wifi sa prisohan.

[kimleeKINO_choi]

Dapat naay wifi sa prisohan.

LOL likoyag tubag oie....bacin pa diay! tiurok najud mga tawng lig-on og panindigan ani....kng sauna plng disiplinado na ang mga pinoy dli mn ni muabot og ingn ani ba

[Cheena]

I have no hope for this country anymore...

[cjpadriga]

saw this comment sa youtube.

"DEMOCRACY. FREEDOM OF SPEECH. Made by Aquino (1987), Killed by Aquino (2012)"