The Pros and Cons of Cybercrime Law 2012 (RA 10175) I. INTRODUCTION

Background of the study

The Cybercrime Law (RA 10175) was proposed by the government to the public to address the problems in the online world specifically to the violators in the internet. Thirteen senators approvedthe vote of implementing the said law, (http://jondiestaportfolio.blogspot.com). The Republic of the Philippines finally over and done with the resolution of the Anti-Cybercrime Law or Cybercrime Prevention Act of 2012 has been officially approved and sealed on the 12th day of September 2012, (http://altechzone.blogspot.com). The main contents of the law are illegal access, illegal interception, data or system interference, misuse of devices, cyber squatting, computer related unlawful acts like frauds, identity theft, cybersex and child pornography which are punishable by at least 6 years up to 20 years of imprisonment and a fine ranging from 50,000 PHP to 500,000 PHP depending on the gravity of crime committed and upon what section of the law was violated, (http://www.gov.ph). However, there are some citizens who are protesting against the law because they believed that it is the end of the freedom of expression. Black themes were used in social networks and local online media as a statement from Filipino citizens protesting the promulgation of the Cybercrime Prevention Act of 2012, (http://vintage.com). Cybercrimes and internet libels are already rampant in the Philippines for many years. Prior to Republic Act 10175, the E-Commerce Act (RA 8792) was enacted in June 2000 as a result to online risks caused by the I Love You virus. A certain Onel De Guzman, a Filipino citizen created a computer virus or worm which was known as I Love You virus or Love Letter Virus which left almost 5.5 billion USD worth of damage worldwide. However, the accused never got prosecuted for hiscrime, (http://petradear.com). From then on, a couple of cybercrime bills had been passed in Congress. There had been efforts to tighten security and strengthen policies regarding the internet use. The first internet libel case was filed within 2001-2002 but the conviction happened in 2005, (http://petradear.com). RA 10175 is not just about internet libel that stops our freedom of speech as known by many according to Feliciano Belmonte Jr., Speaker of the House of Representatives in one of the interview bythe CBCP news. He also quoted, People must first be aware of all the contents of the law for which many people will also benefit from. Another punishable act of the Cybercrime Law is that anyone who do child pornography and any other illegal transactions through internet. According to Raquel (2012) that this is an advantage or relief to parents who are not aware of how kids easily have an access on any explicit websites. However, what makes it a no for some is the added online libel or e-libel. It was actually supplemented by a certain Politician who gets bullied for issues of plagiarism. Many think that he only uses it to defend himself. On the other hand, the e-libel can also be a form of protection for some citizens who experiences bullying specifically youths on social networking sites. According to Legazpi Bishop Joel Baylon (2012) that the challenge now is to implement the

spirit of the law and not the letter so that ultimately, the Cybercrime Law will not be an avenue to violate civil liberties.

Senator Teofisto Guingona III described the Supreme Courts issuance of a temporary restraining order (TRO) as the first victory of the people and of freedom of expression. The TRO suspends the implementation of the law for 120 days while high officials decide whether the law violates any civil liberties.

The speaker of Youth Pinoy Organization stated in Philippines Daily Inquirer that many people should urged the government to make certain that the implementing rules and regulations (IRR) of Republic Act 10175 should clearly set the limits of the human right and freedom, where freedom ends and responsibility starts. The IRR should make sure that the new law will be just and humane and that citizens to be reminded to think before clicking especially after the Philippines was regarded as the social media capital of the world and how social networking sites stirs the social climate.

Objectives of the study

This study aims to know:

1. 1. what are the contents of the implementing rules and regulations of Republic Act 10175.2. 2. the advantages in implementing the Cybercrime Prevention Act of 2012.3. 3. the disadvantages in implementing the Cybercrime Prevention Act of 2012.4.

Significance of the study

The purpose of this study is to know the effects of Cybercrime Prevention Act of 2012 amongthe citizens of the Philippines whether people will benefit or not from it. Thus, this study aims to know the contents of RA 10175 and its implementing rules and regulations (IRR), its terms as to what punishable cybercrime acts will constitute an offense, and to know the penalties of any offense committed liable to either imprisonment or imposable fines. Therefore, to weigh the pros and cons regarding the said law.

The Pros and Cons of Cybercrime Law 2012 (RA 10175)