Legal and Ethical ICT Issues

1. Legal and Ethical
ICT Issues
Eunice Alamag – Macarandang
Reporter

2. Objectives:
•Define legal and ethical ICT issues.
•Discuss ethical, legal and social aspects of
ICT.
•Recognize Cyber Crime Law in the Philippines.
•Analyze the Punishable acts and Penalties of
Cybercrime offenses.

3. Ethical, Legal and Social aspects of
Information and Communication
Technology
• Ethics and law
Ethics defines what is good for an individual as well
as for the society and establishes the nature of duties
that people owe themselves and one another. Human
beings have the ability, partly innate and partly acquired,
to judge human actions as morally good or bad, right or
wrong.

4. Differences between ethic and law
What is Computer ethic?
In general, ethics is a moral philosophy where a
person makes a specific moral choice and sticks to it.
What is Computer law?
Law is a legal system comprising of rulesand
principles that govern the affairs of community and
controlled by a political authority.

5. Differences between ethic and law
Ethics
 Guidelines
 Moral standards
 Fee to follow
 No punishments
 Universals
 Produce ethical computer
users
 immoral
Law
 Control
 Judicial Standards
 Must follow
 Penalties, imprisonments and
other punishments
 Depends on country
 Prevent misusing of computers
 Crime

6. Intellectual Property Rights
Intellectual property (IP) refers to works by created by
inventors, authors, and artists. These works are unique
and have value in the market place.
Intellectual property laws cover ideas, inventions,
literary, creations, unique names, business models,
industrial processes, computer program codes and more.

7. Intellectual Property Protection
There are four (4) types of Intellectual Property
protection
1. Patents for invention
2. Trademarks for brand identity
3. Design for product appearance
4. Copyright for material

8. • Privacy, Integrity, Security and Protection of
Information & the Internet
Privacy means providing confidentiality to our personal
data. One may not like, for example, to make public one’s
insurance details, medical history etc.
Information Integrity means the information provided
should be relevant, complete, up-to-date, trustworthy
and available in time. A job alert after the recruitment
is over or without the address of the employer or to
student who is in his/her high school, for example, is
hardly of any use.

9. Security and protection concerned with protection against accidental or
intentional destruction or disclosure of data and programs by
unscrupulous persons and in case data loss occurs how to recover it.
The Internet is a global technology network (WAN) made up of many
smaller contributing networks (LANs, MANs, CANs etc.) to support the
open exchange of information among many different kinds of institutions,
organizations and individuals all over the world. Internet, no doubt, is a
boon to the present society by providing answers to almost every problem
and need of mankind but at the same time, can be its greatest enemy
aswell.

10. • ICT in Medicine and Health care
ICT plays an increasingly important role in the field of
medicines and diagnosis. Today, ICT in medicine is not only
used for storing, processing, modeling and transmitting
patient data rather has given rise to completely new
diagnostic tools such as CT(computer tomography), CAT scan,
ultrasound, MRI (magnetic resonance imaging), functional
MRI, PET (positron emission tomography) etc that help
inspection of the inner body without dissection or invasion.

11. Cybercrime Law in the Philippines
“Cybercrime Prevention Act of 2012”.
[ Republic Act No. 10175 ]
Republic Act No. 10175, or the Cybercrime Prevention Act of
2012, was signed into law by President Aquino on Sept. 12, 2012.
Its original goal was to penalize acts like cybersex, child
pornography, identity theft and unsolicited electronic
communication in the country.

12. Cybercrime Law in the Philippines
“Cybercrime Prevention Act of 2012”.
[ Republic Act No. 10175 ]
Watch the video about the case of Cybercrime offenses in
the Philippines.
https://www.youtube.com/watch?v=wBX2PhfSGn4

13. Cybercrime Law in the Philippines

14. Punishable Acts
Sec 4. Cybercrime Offenses. — The following acts
constitute the offense of cybercrime punishable under this
Act:
a. Offenses against the confidentiality, integrity and
availability of computer data and systems:
1. Illegal Access 4.System Interference
2. Illegal Interception 5. Misuse of Devices
3. Data Interference 6. Cyber-squatting

15. Punishable Acts
b. Computer-related Offenses:
1. Computer-related Forgery
2. Computer-related Fraud
3. Computer-related Identity Theft
c. Content-related Offenses:
1. Cybersex
2. Child Pornography
3. Unsolicited Commercial Communications
5. Libel

16. Punishable Acts
SEC. 5. Other Offenses. — The following acts shall also
constitute an offense:
Aiding or Abetting in the Commission of Cybercrime
Attempt in the Commission of Cybercrime
SEC. 6. All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through and
with the use of information and communications technologies shall
be covered by the relevant provisions of this Act: Provided, That
the penalty to be imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as amended, and special
laws, as the case may be.

17. Punishable Acts
SEC. 7. Liability under Other Laws. — A prosecution
under this Act shall be without prejudice to any liability for
violation of any provision of the Revised Penal Code, as
amended, or special laws.

18. Penalties
• SEC. 8. Penalties. — Any person found guilty of any of the
punishable acts enumerated in Sections 4(a) and 4(b) of this Act
shall be punished with imprisonment of prison mayor or a fine of
at least Two hundred thousand pesos (PhP200,000.00) up to a
maximum amount commensurate to the damage incurred or both.
• Any person found guilty of the punishable act under Section
4(a)(5) shall be punished with imprisonment of prison mayor or a
fine of not more than Five hundred thousand pesos
(PhP500,000.00) or both.

19. Penalties
• If punishable acts in Section 4(a) are committed against critical
infrastructure, the penalty of reclusion temporal or a fine of at
least Five hundred thousand pesos (PhP500,000.00) up to
maximum amount commensurate to the damage incurred or both,
shall be imposed.
• Any person found guilty of any of the punishable acts
enumerated in Section 4(c)(1) of this Act shall be punished with
imprisonment of prison mayor or a fine of at least Two hundred
thousand pesos (PhP200,000.00) but not exceeding One million
pesos (PhP1,000,000.00) or both.

20. Penalties
• Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(2) of this Act shall be punished with the penalties as
enumerated 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.
• Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(3) shall be punished with imprisonment of arrest mayor or a
fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding
Two hundred fifty thousand pesos (PhP250,000.00) or both.

21. Penalties
• Any person found guilty of any of the punishable acts enumerated in Section 5 shall be
punished with imprisonment one (1) degree lower than that of the prescribed penalty for
the offense or a fine of at least One hundred thousand pesos (PhP100,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.
SEC. 9. Corporate Liability. — When any of the punishable acts herein defined are
knowingly committed on behalf of or for the benefit of a juridical person, by a
natural person acting either individually or as part of an organ of the juridical
person, who has a leading position within, based on: (a) a power of representation of
the juridical person provided the act committed falls within the scope of such
authority; (b) an authority to take decisions on behalf of the juridical
person: Provided, That the act committed falls within the scope of such authority;
or (c) an authority to exercise control within the juridical person, the juridical
person shall be held liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).

22. Penalties
• If the commission of any of the punishable acts herein defined
was made possible due to the lack of supervision or control by a
natural person referred to and described in the preceding
paragraph, for the benefit of that juridical person by a natural
person acting under its authority, the juridical person shall be
held liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Five million pesos
(PhP5,000,000.00).
• The liability imposed on the juridical person shall be without
prejudice to the criminal liability of the natural person who has
committed the offense.

23. Sharing Time!
How can you implement the ICT ethics in 21st century?

24. References
• https://www.youtube.com/watch?v=wBX2PhfSGn4
• https://www.researchgate.net/publication/280577715_Ethical
_Legal_and_Social_aspects_of_Information_and_Communicat
ion_Technology
• https://www.youtube.com/watch?v=wBX2PhfSGn4

25. “Safety isn’t expensive, it’s
priceless”.
Thank you and God bless!
Keep safe everyone! 