Section 4. Cybercrime Offenses.

A. Offenses against the confidentiality, integrity and availability of computer data and systems shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or both, except with respect to number 5 herein:

1. Illegal Access – The access to the whole or any part of a computer system without right.

2. Illegal Interception – The interception made by technical means and without right, of any non-public transmission of computer data to, from, or within a computer system, including electromagnetic emissions from a computer system carrying such computer data: Provided, however, That it shall not be unlawful for an officer, employee, or agent of a service provider, whose facilities are used in the transmission of communications, to intercept, disclose or use that communication in the normal course of employment, while engaged in any activity that is necessary to the rendition of service or to the protection of the rights or property of the service provider, except that the latter shall not utilize service observing or random monitoring other than for purposes of mechanical or service control quality checks.

3. Data Interference – The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document or electronic data message, without right, including the introduction or transmission of viruses.

4. System Interference – The intentional alteration, or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document or electronic data message, without right or authority, including the introduction or transmission of viruses.

5. Misuse of Devices, which shall be punished with imprisonment of prision mayor, or a fine of not more than Five Hundred Thousand Pesos (P500,000.00), or both, is committed through any of the following acts:

a. The use, production, sale, procurement, importation, distribution or otherwise making available, intentionally and without right, of any of the following:

i. A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this rules; or

ii. A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with the intent that it be used for the purpose of committing any of the offenses under this rules.

b. The possession of an item referred to in subparagraphs 5(a)(i) or (ii) above, with the intent to use said devices for the purpose of committing any of the offenses under this section.

Provided, That no criminal liability shall attach when the use, production, sale, procurement, importation, distribution, otherwise making available, or possession of computer devices or data referred to in this section is for the authorized testing of a computer system.

If any of the punishable acts enumerated in Section 4(A) is committed against critical infrastructure, the penalty of reclusion temporal, or a fine of at least Five Hundred Thousand Pesos (P500,000.00) up to maximum amount commensurate to the damage incurred, or both shall be imposed.

Section 4. Cybercrime Offenses.

B. Computer-related Offenses, which shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or both, are as follows:

1. Computer-related Forgery –

a. The input, alteration or deletion of any computer data without right, resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or

b. The act of knowingly using computer data, which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

2. Computer-related Fraud – The unauthorized “Input, alteration or deletion of computer data or program, or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

3. Computer-related Identity Theft – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

Section 4. Cybercrime Offenses.

C. Content-related Offenses:

1. Any person found guilty of Child Pornography shall be punished in accordance with the penalties set forth in Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009”: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775 if committed through a computer system.

Section 5. Other Cybercrimes. – The following constitute other cybercrime offenses punishable under the Act:

1. Cyber-squatting – The acquisition of a domain name over the internet, in bad faith, in order to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:

a. Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration;

b. Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and

c. Acquired without right or with intellectual property interests in it.

Cyber-squatting shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or both: Provided, That if it is committed against critical infrastructure, the penalty of reclusion temporal, or a fine of at least Five Hundred Thousand Pesos (P500,000.00) up to maximum amount commensurate to the damage incurred, or both shall be imposed.

2. Cybersex – The willful engagement, maintenance, control or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. Any person found guilty cybersex shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred Thousand Pesos (P200,000.00), but not exceeding One Million Pesos (P1,000,000.00), or both.

Cybersex involving a child shall be punished in accordance with the provision on child pornography of the Act.

Where the maintenance, control, or operation of cybersex likewise constitutes an offense punishable under Republic Act No. 9208, as amended, a prosecution under the Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws, including R.A. No. 9208, consistent with Section 8 hereof.

3. Libel – The unlawful or prohibited acts of libel, as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future shall be punished with prision correccional in its maximum period to prision mayor in its minimum period or a fine ranging from Six Thousand Pesos (P6,000.00) up to the maximum amount determined by Court, or both, in addition to the civil action which may be brought by the offended party: Provided, That this provision applies only to the original author of the post or online libel, and not to others who simply receive the post and react to it.

4. Other offenses – The following acts shall also constitute an offense which shall be punished with imprisonment of one (1) degree lower than that of the prescribed penalty for the offense, or a fine of at least One Hundred Thousand Pesos (P100,000.00) but not exceeding Five Hundred Thousand Pesos (P500,000.00), or both:

A. Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets, aids, or financially benefits in the commission of any of the offenses enumerated in the Act shall be held liable, except with respect to Sections 4(c)(2) on Child Pornography and 4(c)(4) on online Libel.

B. Attempt to Commit Cybercrime. – Any person who willfully attempts to commit any of the offenses enumerated in the Act shall be held liable, except with respect to Sections 4(c)(2) on Child Pornography and 4(c)(4) on online Libel.