Legal Resource · RA 10175

Cybercrime Prevention Act

Republic Act No. 10175 brought Philippine criminal law online. Its most litigated provision — cyberlibel — carries a penalty one degree higher than ordinary libel.

Cybercrime Prevention Act of 2012

Defines and penalises offences committed through information and communications technology, including cyberlibel, online fraud, illegal access, and computer-related identity theft.

Offences against confidentiality, integrity, and availability

Illegal access to a computer system without right.
Illegal interception of non-public transmissions of computer data.
Data interference — alteration, deletion, or deterioration of computer data.
System interference and misuse of devices.
Cybersquatting — acquiring a domain name in bad faith to profit or mislead.

Computer-related and content-related offences

Computer-related forgery, fraud, and identity theft.
Cybersex — lascivious exhibition of sexual activity for favour or consideration.
Child pornography committed through a computer system.
Cyberlibel — libel under Article 355 of the Revised Penal Code committed through a computer system.

Cyberlibel in practice

The four elements of libel still apply: imputation of a discreditable act, publication, identifiability, and malice.
Only the original author of the online post is liable; the Supreme Court struck down liability for those who merely react or share.
Prescription and the treatment of 'republication' through edits remain heavily contested issues.
Venue and jurisdiction are frequently raised defences given the borderless nature of online publication.

Penalties and consequences

What is at stake.

Most cybercrimes carry prision mayor and/or a fine of at least PHP 200,000.
Cyberlibel is penalised one degree higher than ordinary libel under the Revised Penal Code.
Crimes under the Revised Penal Code committed through ICT are likewise raised one degree.

How I can help

Counsel on Cybercrime Prevention Act matters.

I handle cyberlibel complaints and defences, take-down and preservation requests, digital evidence authentication, and cybercrime matters before prosecutors and the cybercrime courts.

Request a consultation

This page is general information about Philippine law and does not constitute legal advice or create an attorney-client relationship.

Related laws

RA 9262

Cybercrime Prevention Act