Law Summary
Declaration of Policy
- Recognizes the importance of ICT industries to national development.
- Emphasizes safeguarding integrity, confidentiality, and availability of computer systems and data.
- Advocates for powers to detect, investigate, and prosecute cybercrimes domestically and internationally.
Key Definitions
- Defines important terms such as Access, Alteration, Computer, Computer Data, Computer Program, Computer System, Without Right, Cyber, Critical Infrastructure, Cybersecurity, Database, Interception, Service Provider, Subscriber Information, and Traffic Data.
- Clarifies the scope of these terms for the application of the law.
Cybercrime Offenses
- Offenses against confidentiality, integrity, and availability of computer systems including:
- Illegal Access
- Illegal Interception
- Data Interference
- System Interference
- Misuse of Devices
- Cyber-squatting
- Computer-related Offenses:
- Computer-related Forgery
- Computer-related Fraud
- Computer-related Identity Theft
- Content-related Offenses:
- Cybersex
- Child Pornography (with increased penalties)
- Unsolicited Commercial Communications (with conditions)
- Libel committed through a computer system
Additional Offenses
- Aiding or abetting in the commission of any cybercrime offense.
- Attempting to commit any cybercrime offense.
Application of Other Laws
- Cybercrimes committed through ICT are also subject to penalties under the Revised Penal Code and special laws, with one degree higher penalty.
- Prosecution under this Act does not affect liability under other laws.
Penalties
- Prison terms and fines for violations are specified, including:
- General cybercrime offenses: prision mayor imprisonment or fines from PHP200,000 upwards.
- Misuse of Devices: prision mayor or fines up to PHP500,000.
- Offenses against critical infrastructure: reclusion temporal or fines from PHP500,000 upwards.
- Cybersex and related offenses: prision mayor and fines.
- Child Pornography: penalties elevated by one degree.
- Unsolicited Communications: arresto mayor or fines.
- Attempts and aiding acts: penalties one degree lower, fines ranging PHP100,000 to PHP500,000.
Corporate Liability
- Juridical persons can be fined up to PHP10 million if offenses are committed knowingly on their behalf.
- Lesser fines (up to PHP5 million) apply for lack of supervision enabling offenses.
- Liability of the corporation does not exclude that of natural persons.
Enforcement Authorities
- The NBI and PNP are responsible for enforcement.
- Special cybercrime units or centers are to be organized within these agencies.
Duties and Procedures of Law Enforcement
- Regular reports to DOJ on investigations and operations.
- Authorization for real-time collection of traffic data with cause.
- Preservation of subscriber information and computer data for 6 months, extendable by 6 months.
- Disclosure of data with court warrant within 72 hours.
- Search, seizure, and forensic examination under proper warrant.
- Custody requirements for examined computer data.
- Mandatory destruction of preserved data upon expiry.
- Exclusionary rule for evidence procured without valid warrant.
- DOJ authority to restrict or block access to violating computer data.
- Penalties for failure to comply with law enforcement orders.
Jurisdiction
- Regional Trial Courts have jurisdiction, including offenses committed abroad by Filipino nationals if any element occurs in the Philippines.
- Designation of special cybercrime courts with trained judges.
International Cooperation
- Adherence to international agreements and domestic laws for cooperation in investigation, evidence collection, and prosecution of cybercrimes.
Competent Authorities
- Creation of a DOJ Office of Cybercrime as central authority for mutual assistance and extradition.
- Cybercrime Investigation and Coordinating Center (CICC) established under the Office of the President.
- Composition of CICC includes ICTO-DOST Executive Director as Chair and other agency heads.
- Powers of CICC include policy coordination, national cybersecurity plan formulation, real-time assistance, monitoring cases, and fostering cooperation.
Financial and Implementation Provisions
- Annual appropriation of PHP50 million for implementation.
- Joint formulation of implementing rules by ICTO-DOST, DOJ, and DILG within 90 days.
Legal Provisions
- Separability clause preserving other provisions if one is invalid.
- Repealing clause modifying or repealing inconsistent laws.
- Effectivity 15 days after publication.