Cybercrimes as defined under the Cybercrime Prevention Act of 2012 (Republic Act 10175)
There are sixteen types of cybercrime covered under the Cybercrime Prevention Act of 2012. They are:
Illegal Access:
Access to a computer or any application without permission.
Illegal Interception:
Interception of any non-public communication of computer data to, from, or within a computer system by an unauthorized person.
Data Interference:
Unauthorized tampering with, destroying, deleting, or deteriorating computer data, electronic documents, or electronic data messages, as well as the introduction or transmission of viruses. This provision can also cover authorized activity if the person’s behavior went beyond the agreed-upon scope and resulted in the damages listed in this provision.
System Interference:
Unauthorized interference with the operation of a computer or computer network, including the introduction or transmission of viruses, by inputting, transmitting, damaging, deleting, deteriorating, altering, or suppressing computer data or programmes, electronic data messages, or by deleting, deteriorating, altering, or suppressing them. This provision can also cover authorised activity if the person’s behaviour went beyond the agreed-upon scope and resulted in the damages listed in this provision.
Misuse of devices:
Unauthorized use, possession, production, sale, procurement, importation, distribution, or otherwise making available of gadgets, computer programmes, or other materials developed or adapted for committing any of the acts listed in Republic Act 10175. Unauthorized use of a computer password, access code, or similar data that allows the entire or a portion of a computer system to be accessed with the intent of using it to perpetrate any of the offences listed in Republic Act 10175.
Cybersquatting:
Acquisition of a domain name in bad faith on the internet to profit, deceive, harm reputation, and prevent others from registering it. This includes trademarks that were already registered at the time of registration, names of people other than the registrant, and trademarks that were purchased with intellectual property interests in them. Those who get domain names of prominent brands and individuals who in turn are used to damage their reputation can be sued under this provision. Note that freedom of expression and infringement on trademarks or names of persons are usually treated separately. A party can exercise freedom of expression without necessarily violating the trademarks of a brand or the names of persons.
Computer related Forgery:
Unauthorized input, alteration, or deletion of computer data that results in inauthentic data with the intent that it be considered or acted on for legal purposes as if it were authentic, regardless of whether the data is directly readable and intelligible; or the act of knowingly using computer data that is the product of computer-related forgery as defined here to perpetuate .
Computer-related Fraud:
Unauthorized access to, alteration of, or deletion of computer data or programmes, or interference with the operation of a computer system, with the purpose to cause damage.
Computer-related Identity Theft:
Unauthorized acquisition, use, abuse, transfer, possession, change, or deletion of an individual’s identifying information, whether natural or legal.
Cybersex:
For favour or consideration, willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious presentation of sexual organs or sexual activity via a computer system.
Child Pornography:
Unlawful or banned activities conducted through a computer system, as defined and punished by Republic Act №9775 or the Anti-Child Pornography Act of 2009.
Libel:
Acts of libel that are illegal or forbidden under Article 355 of the Revised Penal Code, as amended, and are committed using a computer system or any other similar means that may be created in the future. Penal Code Revision According to Article 355 Libel is defined as defamation of character by writings or other means. Libel committed by writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any other similar means is punishable by prison correctional for the minimum and medium periods, or a fine ranging from 200 to 6,000 pesos, or both, in addition to any civil action that the offended party may bring.
Aiding or Abetting in the commission of cybercrime:
Anyone who knowingly assists or abets the conduct of any of the offences listed in this Act will be held accountable.
Attempt in the commission of cybercrime:
Any person who willfully attempts to commit any of the offences enumerated in this Act shall be held liable.
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.
Corporate Liability:
(Section 9): When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person by a natural person acting either individually or as part of an organ of the juridical person who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; or (b) an authority to make decisions on behalf of the juridical person. It also includes the commission of any of the penal acts made possible due to the lack of supervision, provided that the act committed falls within the scope of such authority; or(c) an authority to exercise control inside the juridical person.
