Draft of Position Paper
Reinforcement of Cybercrime Prevention Act of 2012 (R.A. 10175)
Introduction
Cybercrime is a fast-growing area of crime. More and more criminals are exploiting the speed, convenience and anonymity of the Internet to commit a diverse range of criminal activities that know no borders, either physical or virtual, cause serious harm and pose very real threats to victims worldwide. Posting online of malicious and defamatory words against another person is punishable under the Revised Penal Code and the Cybercrime Prevention Act of 2012. Victims may report the bullying to the police. If the victim decides to file a criminal case against the offender, the police or a lawyer can help in the preparation of the complaint. By penalizing acts of cyber-bullying, people are encouraged to become responsible netizens and make them accountable for their cyber-actions. According to Manila Times (2017) from 2013 to 2017, the police had recorded 1,681 cases of cybercrime cases. These are broken down to online libel with 1,085; online threat, 440; unjust vexation, 100; and 46 cases for violation of the Republic Act 7610 or the Anti-Bullying Act of 2013. The purpose of this paper is to address the biggest challenge teens are facing today in the cyber-space of modern age.
The revised penal code and the cybercrime prevention act states that the One who publicly or maliciously imputes to another a crime, vice, defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or blacken the memory of one who is dead may be liable for libel under the Revised Penal Code. (Art. 353, RPC) These acts, when done in social media, will be punished more severely in addition to the civil action for damages which may be brought by the offended party. (Sec. 4 (c-4), RA 10175).
Body
New trends in cybercrime are emerging all the time, with estimated costs to the global economy running to billions of dollars.
In the past, cybercrime was committed mainly by individuals or small groups. Today, we are seeing highly complex cybercriminal networks bring together individuals from across the globe in real time to commit crimes on an unprecedented scale. Criminal organizations turning increasingly to the Internet to facilitate their activities and maximize their profit in the shortest time. The crimes themselves are not necessarily new – such as theft, fraud, illegal gambling, sale of fake medicines – but they are evolving in line with the opportunities presented online and therefore becoming more widespread and damaging.
From 2013 to 2015, online scams consistently topped the list of most common cybercrimes reported to the Philippine National Police-Anti-Cybercrime Group (PNP-ACG) according to Rappler (2017). But in 2016 – a year of heated political debates that also took place in cyberspace – online libel emerged as the top complaint of Filipino internet users, with 494 complaints recorded compared to 311 recorded in 2015. It comprised 26.49% of the 1,865 cybercrime complaints for 2016. Meanwhile, online scam complaints came in at second place, with 444 complaints in 2016, up from the 334 complaints recorded in 2015.
How long does it take to investigate cybercrime complaints?
According to PNP-ACG Assistant Chief PSupt Guillermo (2016), the process differs on a case-to-case basis, and can also be dependent on the evidence gathered by investigators. This is why complaints involving money – such as in online scams – and those with photographic evidence – such as photo and video voyeurism – tend to be easier to solve because of the wealth of evidence that could be obtained. Online threat complaints can take months, such as in the case of climate action advocate Renee Karunungan. In May last year, she filed 34 complaints against social media users who harassed her online because she wrote a post critical of then-presidential candidate Rodrigo Duterte (Rappler, 2017).
Conclusion
The effect of cybercrime can be extremely upsetting for victims, and not necessarily just for financial reasons. Victims may feel that their privacy has been violated, and that they are powerless. The Anti-Cybercrime Group (ACG) of the Philippine National Police and the cybercrime division of the National Bureau of Investigation have been in the thick of building capacity and capability in receiving complaints, gathering electronic and physical evidence, conducting digital forensics, case buildup, and filing cases for prosecution. So the solution to the problem is enhancing and reinforcing of the law with the help of the concerned and volunteering citizens to run community pages for these complaints to be reported immediately. Since it poses a threat to every people especially the youth who are dominating the cyber-space today.
References:
Dela Cruz, C. (February 2017). Bullying on social media: The Philippines’ current legal platform. Retrieved from. http://www.accralaw.com/publications/bullying-social-media-philippines%E2%80%99-current-legal-platform
Francisco, K. (January 2015). Online libel tops cybercrime cases in the Philippines for 2016. Rappler. Retrieved from https://www.rappler.com/newsbreak/iq/159365-cybercrime-philippines-cases-online-libel-2016
Republic Act No. 10175. (September 2012). Official Gazette. Retrieved from http://www.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/
Seares-Del Rosario, M. (September 2017). Bullying on Social Media. SunStar CEBU. Retrieved from http://www.sunstar.com.ph/cebu/lifestyle/2017/09/08/bullying-social-media-562191
Yap, D. (May 2015). Cyber-bullying via social media seen as crime. Inquirer.net. Retrieved from http://technology.inquirer.net/42356/cyber-bullying-via-social-media-seen-as-crime#ixzz57sMqhTWw
