The Senate finally approved their own version of the Anti-Cybercrime Bill (Senate Bill 2796) earlier today. The bill provides for penalties of Php200,000 to Php1.25 million and imprisonment of up to 12 years.
Here are the offenses covered in the Senate Bill 2796.
I. Offenses against the confidentiality, intergrity and availability of computer data and systems (illegal access, illegal interception, data interference, system interference, cyber-squatting, misuse of devices).
II. Computer-related offenses (computer-related forgery, computer-related fraud).
III. Content-related offenses (cybersex, child pornography, unsolicited commercial communications, libel).
This bill will certainly affect operations of a number of websites and online services in the Philippines.
The provision for spamming includes the following.
Advertising and selling products or services via the Internet without the consent of the recipient will likewise be fined of Php50,000 – Php250,000. Violators could also face imprisonment of one month and one day to six months.
This will affect all those real estate brokers sending out emails for new properties, insurance and credit card companies offering loans over email and those sending out mass emails saying “I’m selling my 2nd hand gadget…”.
This could also apply to those using Facebook to send out messages to their network or tagging people with the purpose of advertising or selling items.
Bloggers and website owners can be also liable under the cybersex provision of this bill.
The willful engagement, maintenance, control, or operation, directly or indirectly, or any lascivious exhbition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
This could mean the end of sex scandals on the web (as it could punish all those who share, blog or post any sex scandals). Are we going to say goodbye to Flesh Asia Daily?
That’s on top of the internet libel clause.
A new group — called the National Cybersecurity Coordinating Council — will be formed under the Office of the President to implement all these.