TLE 8- ICT-Related Legal Bases
Content Standards: Demonstrate an understanding of ICT-related legal issues.
Learning
Competencies:
Distinguish ICT-related legal bases and their consequences.
Content: ICT-related legal bases;
1. Republic act No. 10844 section 4, 5, and 6 (Establishment of DICT)
2.
Republic
act no 10627 section 2-D (Cyberbullying Act),
3. Republic act no 10173 (Data Privacy Act of 2012) chapter 8 section 26,
4. Republic Act No. 8293 (Intellectual Property Code of the Philippines)
Pre-Test
A.
Multiple Choice
Choose
the letter of the correct answer. Write your answer in the space provided for
you.
1. ___
What is the main purpose of Republic Act No. 10844?
A.
To prevent cyberbullying
B.
To establish the Department of Information and Communications Technology
C.
To protect intellectual property
D.
To regulate internet cafes
2. ___
According to RA 10844, which of the following is not a mandate of DICT?
A. Protecting personal information
B. Promoting digital literacy
C.
Providing free internet in public places
D.
Supporting government ICT needs
3. ___
What does RA 10627 Section 2(d) define?
A.
Penalties for IP violations
B.
Data privacy guidelines
C.
Cyberbullying
D.
Digital piracy
4. ___
Which of the following actions could be considered cyberbullying under RA
10627?
A.
A student copying homework
B.
Sharing a classmate’s embarrassing photo in a group chat
C.
Forgetting to log out of a social media account
D.
Using the internet for research
5. ___
Which law penalizes negligent access to personal and sensitive personal
information?
A.
RA 10844
B. RA 8293
C.
RA 10627
D. RA 10173
6. ___
Under RA 10173, what is the maximum penalty for unauthorized access due to
negligence of sensitive personal information?
A.
1–3 years imprisonment, ₱500,000 fine
B.
3–6 years imprisonment, ₱4,000,000 fine
C.
5–7 years imprisonment, ₱1,000,000 fine
D.
2–4 years imprisonment, ₱2,000,000 fine
7. ___
What is personal information, according to RA 10173?
A.
Details about intellectual property
B.
Any public data shared online
C.
Data from which an individual’s identity is apparent
D.
All passwords and PIN codes
8. ___
Which law primarily protects copyrights, patents, and trademarks?
A. RA 8293
B.
RA 10627
C. RA 10173
D.
RA 10844
9. ___
The agency responsible for implementing intellectual property rights in the
Philippines is:
A.
DICT
B.
DepEd
C.
IPOPHL
D.
DOST
10. ___
Which amendment to RA 8293 strengthened copyright protections and enforcement?
A.
RA 10372
B.
RA 10175
C.
RA 10627
D.
RA 10844
B.
True or False: Write T if the statement is True and F if it is False.
___ 11.
Cyberbullying is only punishable if it happens inside school premises.
___ 12.
The DICT Secretary is appointed by the
President of the Philippines.
___ 13.
The Data Privacy Act considers health information as sensitive personal
information.
___ 14.
RA 8293 only covers patents and does not protect copyrighted works.
___ 15. A person may be imprisoned under RA 10173 even for negligent access to data.
LESSON 3- ICT-Related Legal Bases
ICT-related legal bases refer to the laws and official regulations enacted to govern the use, development, security, access, and ethical application of Information and Communications Technology (ICT) in the Philippines. These laws provide the framework for digital governance, cybersecurity, data privacy, e-commerce, and digital innovation.
Summary of Republic Act No. 10844, specifically Sections 4, 5, and 6, which relate to the establishment of the Department of Information and Communications Technology (DICT).
1. Republic Act No. 10844 “An Act Creating the Department of Information and Communications Technology, Defining its Powers and Functions, Appropriating Funds Therefor, and for Other Purposes”
Signed into law: May 23, 2016
Section 4. Mandate
The DICT
is mandated to plan, develop, and promote the national ICT development agenda.
Its role is to:
·
Ensure
the provision of strategic, reliable, cost-efficient, and citizen-centric ICT
infrastructure and services.
·
Promote
universal access to quality, affordable, secure, and reliable ICT services.
·
Support
the ICT needs of government agencies and instrumentalities.
· Preserve the integrity, security, and sovereignty of the country in cyberspace.
Section
5. Powers and Functions
The
DICT shall:
·
Formulate,
recommend, and implement national policies, plans, and programs that will
promote the development and use of ICT.
·
Establish
a free internet service in public places.
·
Promote
digital literacy, ICT expertise, and knowledge-building through capacity-building
programs.
·
Provide
oversight and support to all ICT-related government projects, including
e-governance and cybersecurity programs.
·
Ensure
cybersecurity, protection of critical ICT infrastructure, and coordination with
law enforcement on cybercrime.
·
Foster
investment in the ICT sector and promote innovation.
· Perform such other functions necessary to carry out the DICT’s mandate.
Section
6. Composition
The
DICT shall be composed of:
·
Secretary
(appointed by the President)
·
Three
(3) Undersecretaries
·
Four
(4) Assistant Secretaries
The Undersecretaries
and Assistant Secretaries shall be appointed by the President upon the recommendation
of the Secretary and must possess relevant expertise and experience in ICT.
2. Republic Act No. 10627, known as the Anti-Bullying Act of 2013, mandates all elementary and secondary schools in the Philippines to implement policies that prevent and address bullying, including cyberbullying.
Section 2(d): Definition of Cyberbullying
Under
Section 2(d) of RA 10627, cyberbullying is defined as:
“Any bullying done through the use of technology or any electronic means.”
This encompasses actions where students use digital platforms—such as social media, messaging apps, emails, or online games—to harass, intimidate, or humiliate their peers. The law recognizes cyberbullying as a serious offense, acknowledging its potential to cause emotional and psychological harm to victims.
Implementing
Rules and Regulations (IRR)
The Department of Education (DepEd) issued DepEd Order No. 55, s. 2013, which provides the Implementing Rules and Regulations for RA 10627. The IRR offers a more detailed explanation of cyberbullying:
“Cyberbullying refers to any bullying done through the use of technology or any electronic means. This includes conduct resulting in harassment, intimidation, or humiliation through texting, email, instant messaging, chatting, internet, social media, online games, or other platforms.”
The IRR
emphasizes that cyberbullying is not limited to actions within school premises.
Even if the bullying occurs outside school grounds or through personal devices,
it falls under the purview of the law if it creates a hostile environment for
the victim at school or disrupts the educational process.
School Responsibilities
RA
10627 requires
schools to:
·
Adopt
comprehensive anti-bullying policies, which include provisions against
cyberbullying.
·
Establish
clear procedures for reporting, investigating, and addressing bullying
incidents.
·
Implement
disciplinary measures appropriate to the severity of the offense.
·
Provide
support services such as counseling for victims and rehabilitation programs for
perpetrators.
·
Educate
students and parents about the dynamics of bullying and the school's policies.
3. Republic Act No. 10173, also known as the Data Privacy Act of 2012, establishes the legal framework for protecting personal information in the Philippines. Chapter VIII, Section 26 specifically addresses penalties for unauthorized access to personal and sensitive personal information due to negligence.
Section 26: Accessing Personal Information and Sensitive Personal Information Due to Negligence
a. Personal Information:
Any
person who, due to negligence, provides access to personal information without
authorization under this Act or any existing law shall be penalized with:
Imprisonment: One (1) to three (3) years
Fine: Not less than Five hundred
thousand pesos (₱500,000) but not more than Two million pesos (₱2,000,000)
b. Sensitive Personal Information:
Any person who, due to negligence, provides access to
sensitive personal information without authorization under this Act or any
existing law shall be penalized with:
Imprisonment: Three (3) to
six (6) years
Fine: Not less than Five
hundred thousand pesos (₱500,000) but not more than Four million pesos
(₱4,000,000)
Key
Definitions
·
Personal
Information: Any
information from which the identity of an individual is apparent or can be
reasonably and directly ascertained.
· Sensitive
Personal Information:
Includes data about an individual's race, ethnic origin, marital status, age,
color, religious, philosophical or political affiliations, health, education,
genetic or sexual life, or any proceeding for any offense committed or alleged
to have been committed.
4. Republic
Act No. 8293, known as the Intellectual Property Code of the Philippines, was enacted on June 6, 1997,
and took effect on January 1, 1998. This comprehensive legislation establishes
the legal framework for the protection of intellectual property (IP) rights in
the Philippines and created the Intellectual Property Office of the
Philippines (IPOPHL) to administer and enforce these rights.
Key Features of RA 8293
1. Scope
of Intellectual Property Rights
The law
defines and protects various forms of intellectual property, including:
- Copyright and Related Rights: Protects original literary and artistic works.
- Trademarks and Service Marks: Safeguards distinctive signs identifying goods or services.
- Geographic Indications: Protects names identifying goods as originating from specific regions.
- Industrial Designs: Covers aesthetic aspects of products.
- Patents: Grants exclusive rights to inventions that are new, involve an inventive step, and are industrially applicable.
- Layout-Designs (Topographies) of Integrated Circuits: Protects three-dimensional configurations of electronic circuits.
- Protection of Undisclosed Information: Safeguards trade secrets and other confidential business information.
2. Establishment
of the Intellectual Property Office (IPO)
RA 8293
established the IPOPHL, which is responsible for:\
- Administering and implementing state policies on intellectual property.
- Examining and registering IP applications.
- Promoting the use of IP in the Philippines.
- Providing assistance in the enforcement of IP rights.
3. Alignment
with International Agreements
The Act
ensures that the Philippines' IP laws are in harmony with international
treaties and conventions to which the country is a party, such as the TRIPS
Agreement under the World Trade Organization.
Amendments
to RA 8293
RA 8293
has been amended to address evolving IP challenges:
Republic
Act No. 10372 (2013): Introduced significant changes, including:
- Establishment of the Bureau of Copyright and Other Related Rights within IPOPHL.
- Implementation of technological protection measures.
- Clarification of fair use provisions.
- Enhanced enforcement mechanisms.
Chapter
XVII – Infringement
Section
216. Remedies for Infringement
This
section outlines the legal remedies available to rights holders when their
intellectual property rights are infringed upon. It includes:
- Injunctions to prevent further infringement.
- Damages: Compensation for actual damages incurred and profits gained by the infringer.
- Moral and exemplary damages where appropriate.
- Destruction of infringing copies.
- Seizure and impounding of infringing articles as evidence.
Section
217. Criminal Penalties
This
section specifies the criminal penalties for willful infringement, which may
include:
Imprisonment
ranging from one (1) to nine (9) years.
- Fines ranging from ₱50,000 to ₱1,500,000, depending on the nature and extent of the infringement.
- These penalties aim to deter violations and uphold the rights of intellectual property holders.
Assessment
Multiple Choice
1. You
noticed a classmate edited a photo of a teacher and posted it online with
offensive text. What would be the most responsible action to take in this
situation?
A.
Share the post to raise awareness
B.
Comment with a laughing emoji
C.
Report the post and talk to a trusted adult or teacher
D.
Ignore it and move on
2. Your
group is creating a website, and someone suggested using content copied from
another site without credit. What should you recommend as the best approach?
A. Rewrite the idea in your own words and cite the source
B.
Translate the content into another language
C. Copy it and make small changes
D.
Use it directly because it’s for a school project
3. You
receive a suspicious email claiming you won a prize and asking for your
personal details. What is the best decision to make?
A.
Reply and give fake information
B.
Ignore or delete the message and report it
C.
Share it with friends to check if it’s real
D.
Click the link to claim the prize
4. Your
school asks for permission to collect your personal data for a new digital ID
system. Why is asking for your permission important under the Data Privacy Act?
A.
To avoid wasting school funds
B.
To monitor your academic performance
C.
To protect your rights and personal information
D.
To ensure that students follow rules
5. Your
group is assigned to create a presentation about digital citizenship. One
member insists on copying a popular YouTuber’s content. What should you do to
maintain ethical standards?
A.
Allow it to save time
B.
Give credit to the YouTuber in a small font
C. Use only half of the video to be safe
D. Suggest making original content inspired by the video
6. A
student secretly records a video during class and posts it online without the
teacher’s consent. Which law might be violated in this scenario?
A.
Cybercrime Prevention Act
B.
Intellectual Property Code
C.
Data Privacy Act
D.
DICT Act
7. Your
friend developed an app, but someone uploaded a copy without permission and
started earning money from it. What does this situation represent?
A.
Innovation sharing
B.
Fair use
C. Cybersecurity
D.
Intellectual property theft
8. You are
tasked to organize an online campaign to raise awareness about safe internet
use. Which of the following would best promote ethical behavior online?
A.
Encourage public sharing of private conversations
B.
Promote fact-checking and respectful communication
C.
Share shocking images to gain attention
D.
Ignore negative comments to avoid conflict
9. Your
class is developing a school app that stores student information. A member
suggests skipping data encryption to finish faster. What is the most
appropriate response?
A.
Agree, since it saves time
B.
Approve the idea but add a password later
C.
Insist on following proper data privacy practices
D.
Let the teacher decide without discussing further
10. A
social media influencer reposts an artist’s original design without permission
or credit. Which ICT-related law best protects the artist’s rights?
A. Intellectual Property Code
B.
Anti-Bullying Act
C. Data Privacy Act
D.
DICT Act
Activity Title: “ICT Law in Action: A Multimedia Case File”
Objective:
Students will demonstrate their understanding of various ICT-related laws in the Philippines by researching real-life or hypothetical cases, analyzing legal implications, and presenting findings through a creative multimedia presentation or poster-report.
Instructions for Students:
You will work individually or in pairs to create a Multimedia Case File Presentation or Poster Report based on one of the following ICT-related laws:
1. RA 10844 – DICT Act of 2015
2. RA 10627 – Anti-Bullying Act (focus on Cyberbullying)
3. RA 10173 – Data Privacy Act of 2012
4. RA 8293 – Intellectual Property Code
Task Components:
1. Choose one law from the list.
2. Create a real-life or fictional scenario that involves a violation or enforcement of the chosen law.
3. Create a presentation or visual report that includes:
o Case Summary (what happened, who was involved)
o Violation Identified (which law and section were violated)
o Legal Consequences (imprisonment, fines, school sanctions, etc.)
o Impact on the people involved (victim, offender, institution)
o Suggested Action or Preventive Measures
o Reflection: What can students like you learn from this case?
Sample Topics/Scenarios:
· A student shared a classmate’s private photo online without permission (RA 10173)
· A cyberbullying incident happened through group chats (RA 10627)
· A business used pirated software or plagiarized logo design (RA 8293)
· Misuse of free government Wi-Fi services for illegal activities (RA 10844)
Rubrics of the Activity:
Level | Description | Score Range |
4 - Exemplary | Demonstrates a comprehensive and accurate understanding of the ICT-related law and its consequences. The scenario is well-researched or creatively constructed with clear legal basis, strong analysis, and detailed consequences. The presentation is highly organized, visually appealing, and shows originality and depth. Reflection is thoughtful and demonstrates critical thinking. | 17–20 points |
3 - Proficient | Demonstrates a clear understanding of the ICT-related law and its consequences. The case scenario is relevant and mostly accurate. The analysis and presentation are clear, organized, and adequately detailed. Reflection shows some insight and understanding of the topic. | 13–16 points |
2 - Developing | Demonstrates a partial understanding of the ICT-related law, with some errors or vague explanation of the legal basis and consequences. The presentation lacks organization or clarity. Reflection is minimal or shows limited understanding. | 9–12 points |
1 - Beginning | Demonstrates limited or inaccurate understanding of the ICT-related law. The case scenario is unclear, missing, or not connected to the law. Presentation is poorly organized and lacks key information. Reflection is missing or superficial. | 5–8 points |
0 - No Evidence | No submission, or work does not reflect the task or the learning competency. | 0–4 points |
ANSWER KEY
Pre-test
A.
Multiple Choice
1. B – To
establish the Department of Information and Communications Technology
2. A –
Protecting personal information (This is covered by RA 10173, not DICT's
mandate)
3. C –
Cyberbullying
4. B –
Sharing a classmate’s embarrassing photo in a group chat
5. D – RA 10173
(Data Privacy Act of 2012)
6. B – 3–6
years imprisonment, ₱4,000,000 fine
7. C –
Data from which an individual’s identity is apparent
8. A – RA
8293 (Intellectual Property Code of the Philippines)
9. C –
IPOPHL (Intellectual Property Office of the Philippines)
10. A – RA 10372
B. True
or False
11. F –
Cyberbullying outside school is still punishable if it affects the school
environment
12. T –
The DICT Secretary is appointed by the President
13. T –
Health information is considered sensitive personal information
14. F – RA
8293 also protects copyrights and related rights
15. T – RA 10173 penalizes even negligent access to data
Assessment - Multiple Choice
1. C.
Report the post and talk to a trusted adult or teacher
2. A. Rewrite the idea in your own words and cite the source
3. B. Ignore or delete the message and report it
4. C. To protect your rights and personal information
5. D. Suggest making original content inspired by the video
6. C. Data Privacy Act
7. D. Intellectual property theft
8. B. Promote fact-checking and respectful communication
9. C. Insist on following proper data privacy practices
10. A. Intellectual Property Code
References:
Republic Act No. 10844 (Official Gazette): https://www.officialgazette.gov.ph/2016/05/23/republic-act-no-10844/
Republic Act No. 10627 (Anti-Bullying Act of 2013): Anti - Bullying Act of 2013.pptx
https://www.scribd.com/document/444766227/REPUBLIC-ACT-NO-10627?utm_source
DepEd Order No. 55, s. 2013 (Implementing Rules and Regulations):
https://www.deped.gov.ph/wp-content/uploads/Anti-bullying-IRR-Clean-version-as-of-25-March-2025_1.pdf?utm_source
Full Text of Republic Act No. 10173: https://lawphil.net/statutes/repacts/ra2012/ra_10173_2012.html?utm_source
Implementing Rules and Regulations (IRR): National Privacy Commission
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