On the next few weeks, I will be sharing some personal insights on how we, HR Executives and Entrepreneurs, can be affected by the Cybercrime law. I will share first what I thought is funny (but the consequences are serious), so, if you are being annoyed by companies or individuals sending unsolicited  commercial  messages in your “personal” eMail, Facebook and LinkedIn, OR people tagging you on pictures of the items they’re selling or worse posting on your wall, OR twitter users posting links to selling sites on your timeline. The new cybercrime law can be your tool for a sweet revenge, ha ha.

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Republic Act 10175, the cybercrime prevention act of 2012

sec. 4 (c) “Unsolicited Commercial Communication” The transmission of commercial communication with the use of computer system which seek to advertise sell, or offer for sale products and services are prohibited unless:

  • (a) There is prior affirmative consent from the recipient; or
  • (b) The primary intent of the communication is for service and / or administrative announcements from the sender to its existing users, subscribers or customers; or
  • (c) The following conditions are present:
    • (aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (opt-out) from the same source;
    • (bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
    • (cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.
This is punishable by 1 month to 6 months in prison and/or a fine of PHP 50,000 – PHP 250,000

For entreprenuers and marketers like me, we should be able to avoid violating the law if we will ensure that all recipients of the communication agreed to be part of the list and has an option for them to opt out. Fruthermore, the communication should be clear and not misleading.

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The law will take effect on Oct. 3, 2012 (IRR to follow). Consider yourselves warned.

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