Private – Public

Cooperation

OBJECTIVES

At the end of the course the participants will be

able to:

Recognise that cooperation with the private

sector is essential and available for the purpose

of combatting cybercrime

Be familiar with the elements and case law on

CyberLibel

OUTLINE

I. Introduction

Judge Gerardo Paguio Jr.

II. Elements and Jurisprudence of CyberLibel

Judge Ofelia Calo

III. Levels of Cooperation

CP Giselle Marie S. Geronimo

IV. Modes of Identifying the Perpetrator and obtaining content data

CP Oliver S. Garcia

V. Open Forum

Documentor – Joey J. Angostora

Social Networking

Social networking is one of the most active web-based activities in the Philippines, with

Filipinos being declared as the most active users on a number of web-based social network

sites such as Facebook, Instagram, Snapchat and Twitter. The use of social networking

website has become so extensive in the Philippines that the country has been tagged as "The

Social Networking Capital of the World," and has also become part of Filipino cyberculture.

Social networking is also used in the Philippines as a form of election campaign material, as

well as tools to aid criminal investigation.

Statistics

Social Media

Cyber Libel - Background

The Cybercrime Prevention Act of 2012, officially

recorded as Republic Act No. 10175, is a law in

the Philippines approved on September 12, 2012.

Among the cybercrime offenses included in the bill

are cybersquatting, cybersex, child pornography, identity

theft, illegal access to data and libel.

While hailed for penalizing illegal acts the act has been

criticized for its provision on criminalizing libel, which is

perceived to be a curtailment in freedom of expression.

Libel

Public and malicious imputation of a crime,

or of a vice or defect, real or imaginary, or

any act, omission, condition, status or

circumstance tending to cause the

dishonor, discredit or contempt of a natural

or blacken the memory of one who is

dead.

Cyber Libel

Is actually not a new crime since Art. 353 in relation to Art.

355 of the RPC already punishes it. In effect Sec. 4(c) 4

above merely affirms that online defamation constitutes

“Similar means” for committing libel.

- Jose Jesus Disini et al vs. The Secretary of Justice, et

al. G.R No. 203335, February 11, 2014

SC rules that the place where article is “accessed” is not

synonymous to the place where it is “first published” for

purposes of vesting jurisdiction on the RTC of Makati.

(Bonifacio v. RTC of Makati G.R. 184800, 5 May 2010).

G.R. NO. 203335, Feb. 11, 2014, Disini et al v. Secretary of

Justice, et al.

- consolidated petitions seeking to declare several provision

of R.A. 10175 , the Cybercrime Prevention Act fof 2012,

UNCONSTITUTIONAL and VOID.

a. Section 4 © (3) of R.A. 10175 that penalizes posting of

unsolicited commercial communications

b. Section 12 that authorizes the collection of recording of

traffic data in real-time, and

c. Section 19 that authorizes the DOJ to restrict or block

access to inspected Computer Data

Further, the SC declared:

1. Section 4 (c) (4) that penalizes online libed as VALID and

CONSTITUTIONAL with respect to the original author of the

post but VOID and UNCONSTITUTIONAL with respect to

others who simply receive the post and react to it; and

2. Section 5 that penalizes aiding or abetting and attempt in

the commission of cybercrimes as VOID and

UNCONSTITUTIONAL only with respect to Sec. 4 (c) (3) on

unsolicited commercial communications and 4 (c) (4) on

online libel.

VOID AND UNCONSTITUTIONAL

Online libel as to which, charging the offender under

both Section 4 (c) (4) of R.A. 10175 and Article 353 of the

Revised Penal Code – it constitutes a violation of the

proscription against double jeopardy

Jurisprudence simplified the elements of libel:

Allegation of a discreditable act or condition concerning

another;

Publication of the charge;

Identity of the person defamed; and.

Existence of malice. (Vasquez v. Court of Appeals, 373 Phil.

238 [1999])

LEVELS OF COOPERATION

COMPULSORY COOPERATION

Arts. 23-35 of Budapest Convention

Re: Mutual legal assistance through government authorities.

VOLUNTARY COOPERATION WITH LEGAL MANDATE

Art. 32 of Budapest Convention

Re: Trans-border access to stored computer data with consent or where publicly available.

VOLUNTARY COOPERATION REGARDLESS OF LEGAL MANDATE

Direct cooperation with foreign service providers

MODES OF IDENTIFYING THE

PERPETRATOR AND OBTAINING

CONTENT DATA

How to download FB content data

1. Click at the top right of any Facebook page

and select Settings.

2. Click Download a copy of your Facebook data

at the bottom of General Account Settings.

3. Click Start My Archive.

THANK YOU