House approves cybercrime bill

MANILA, Philippines – The House of Representatives has approved a bill that will prevent and punish acts of online defamation, threats, and prostitution.

Congress passed on third and final reading House Bill 5808, or the Cybercrime Prevention Act of 2012, which defines and punishes cybercrime to prevent its proliferation.

The bill defines the following as acts of cybercrime:

• Acts against confidentiality, integrity and availability of computer data and systems such as illegal access, illegal interception, data interference, system interference and misuse of devices.
• Computer-related acts such as computer forgery and computer-related fraud and content-related offenses which include cybersex, unsolicited commercial communication, cyber defamation and cyber threats.

Penalty for the commission of offenses against confidentiality, integrity and availability of computer data and systems and those that are computer-related is P200,000. Cybersex offense is punishable with a fine of P1,000,000, while child pornography offense is meted with a fine of P1,250,000. Unsolicited commercial communications offense is punishable with a fine of P250,000.

The bill also seeks for the creation of the Cybercrime Investigation and Coordinating Center (CICC) to formulate and implement a national cyber security plan. It will be placed under the administrative supervision of the Office of the President.

It mandates the National Bureau of Investigation (NBI) and Philippine National Police (PNP) as law enforcement agencies responsible for the implementation of its provisions. Also, the Department of Justice (DOJ) was tasked to assist in investigations and in case proceedings.

The passage of this House bill follows the approval of a similar bill in Senate. On January, senators passed SB 2796 or the Cybercrime Prevention Act of 2012, which establishes a legal framework for the investigation, apprehension, and prosecution of cyber-criminals.

The Senate bill defines the same acts in the House bill as cybercrime, but sets for a lower amount of penalties.

The Senate bill also sets for the creation of more than one agency that will create and implement a national cybersecurity plan:

• Office of Cybercrime, under the Department of Justice
• National Cybersecurity Coordinating Council, under the Office of the President
• National Cyber Security Center, under the Department of Science and Technology

-Rappler.com