Constitutional: Cybercrime offense of data interference under Section 4(a) (3) of R.A. 10175

R.A. 10175 or the Philippine Cybercrime Prevention Act of 2012 penalizes the cybercrime offense of data interference under Section 4 (a) (3).

In the various petitions filed before the Supreme Court, Petitioners sought to invalidate this provision primarily through the doctrine of overbreadth.

This provision penalizing the cybercrime offense of data interference is reflected in Section 4 (a) (3) of R.A. 10175, which is faithfully reproduced herein:

Section 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:

x x x x

(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.

Based on the above-cited provision, the Cybercrime Offense of Data Interference is 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.”

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