Cyber-bullying via social media seen as crime

By: DJ Yap - Reporter / @deejayapINQ

Philippine Daily Inquirer / 07:16 PM May 25, 2015

PICKING on someone on Facebook may soon become a crime.

A bill has been filed at the House of Representatives defining and penalizing “cyber-bullying,” or
the act of posting rude, offensive or insulting messages against the victim on the Internet.
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“By penalizing acts of cyber-bullying, people are encouraged to become responsible netizens and
make them accountable for their cyber-actions,” the author, Camarines Sur Rep. Rolando Andaya
Jr., said in an explanatory note.

Cyber-bullying, he said, would refer to “acts of cruelty committed using the Internet or any form
of electronic media or technology that has the effect of stripping one’s dignity or causing
reasonable fear or physical or emotional harm.”

Offensive acts include the following:

a) Repeatedly sending offensive, rude and insulting message;

b) Distributing derogatory information about the victim;

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c) Posting or sending offensive photos of the victim, whether these are digitally altered or not, or
were taken with or without consent, with the intention to humiliate and embarrass the victim;

d) Breaking into an email, social networking or any electronic account and using the victim’s
virtual identity to send, upload or distribute embarrassing materials to or about others;

e) Sharing the victim’s personal information or any embarrassing information, or tricking the
victim into revealing personal or embarrassing information and sharing it to others; and

f) Repeatedly sending messages that include threats of harm or engaging in online activities that
cause fear on the victim’s safety.
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“Cyber-bullying is one such problem that the advancement in technology and social media has
generated. It can potentially affect not only school-aged children, but also any individual who has
access to a mobile phone or the internet,” Andaya said.

Under House Bill 5718, or the proposed “Anti Cyber-Bullying Act of 2015,” cyber-bullies shall
face a penalty of fines ranging from P50,000 to P100,000, or imprisonment between six months
and six years, or both, at the discretion of the court.

“The onset of the Internet has shattered world barriers empowering users with immense
information and allowed them to be socially connected to virtually anybody around the globe in
the comfort of their own homes,” Andaya said.

“Because of the anonymity that the Internet gives, social and moral norms are easily switched off
and users are emboldened to just say or post anything online without accountability,” he added.

As a result, “Internet bashing” has become a culture among Internet users and even spawned
problems that involve hostility and aggression, Andaya said.

The measure provides that the Commission on Information and Communications Technology
(CICT), Department of Justice (DOJ), and the Department of Interior and Local Government
(DILG) shall jointly formulate the necessary rules and regulations within 90 days of passage.

HB 5718 has been referred to the information communication technology committee chaired by
Rizal Rep. Joel Roy Duavit. SFM/ABC

Bullying on social media: The Philippines’ current legal platform

Cyndy P. dela Cruz
February 01, 2017

The pen is mightier than the sword or so the adage goes.

When this was once said, it was to highlight the power of thought and idea over brute force and violence as a way to effect
change.

Today, the pen can very well be a “tap” of a button, as social media has reinvented our way of life anew -- for good or for
bad. Regardless of political affiliation or social philosophy, it is undeniable how the power of social media has shaped
recent events.

In the Philippines, many attribute President Duterte’s electoral victory to a strong social media presence and awareness from
supporters and detractors alike. Similarly, in the United States, President Trump’s astounding victory may not have been
predictable on the basis on old measures of popularity, but perhaps to a more subtle, even subliminal influence, perhaps
attributable to social media as well.

Unfortunately, when people log into their social media accounts, some tend to shed normal sensibilities or even basic
civility. This is the same phenomenon that perhaps gives rise to the anomaly of Philippine vehicular traffic, where the polite
and non-confrontational is shed for disrespectful and sometimes barbaric behavior leading to the Gordian knot that is
Philippine traffic.

Part of this is the cloak of perceived anonymity that social media brings. We therefore sometimes see posts or commentaries
meant to embarrass competence and intelligence, gender, or just plain rumor-mongering.

However, even when done behind the cloak of a social media platform may have legal implications under our present laws.

THE ANTI-BULLYING ACT OF 2013 (RA 10627)

This law finds applicability in school-related bullying incidents which cover those uttered on social media platforms.
“Bullying” under this law refers to any severe, or repeated use by one or more students of a written, verbal or electronic
expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually
causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile
environment at school; infringing on the rights of another student at school; or materially or substantially disrupting the
education process. (Sec. 2, RA 10627) When done through the use of the Internet, the law categorizes the same as “cyber-
bullying.” (Sec. 2-D, RA 10627) This covers social bullying aiming to belittle another individual or group or gender-based
bullying which humiliates another on the basis of perceived or actual sexual orientation and gender identity. (Sec. 3, B-1,
RA 10627, Implementing Rules). However, this law only addresses student-student bullying. Hence, a teacher who belittles
a student in Facebook or any other social media account, on account of grades or class performance, social standing or
gender may not be held liable under this law.

THE REVISED PENAL CODE AND THE CYBERCRIME PREVENTION ACT

One who publicly or maliciously imputes to another a crime, vice, defect, real or imaginary, or any act, omission, condition,
status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or blacken the
memory of one who is dead may be liable for libel under the Revised Penal Code. (Art. 353, RPC) These acts, when done in
social media, will be punished more severely in addition to the civil action for damages which may be brought by the
offended party. (Sec. 4 (c-4), RA 10175)

Cyberlibel holds liable only the original author of the post (Sec. 5 (3), Implementing Rules of RA 10175) hence, if you are
one of those who are fond of liking or reacting to a post of this character, cyberlibel is not the crime for you.

Slander may also be applicable to one who, in heat of anger, utters statements that are highly defamatory in character. (Art.
358, RPC)

Intriguing Against Honor may also find applicability when the principal purpose is to blemish the honor or reputation of a
person. (Art. 364, RPC) However, the requirement is that the post be directed to a specific person. Hence, a blind item is not
as actionable as a named-post in social media.

THE CIVIL CODE ON DAMAGES

One who is aggrieved by a defamatory post in social media may nonetheless find refuge in the provisions of the Civil Code
on Damages. (Art. 2176, Civil Code) One who posts in social media, causing damage to the reputation of another may be
liable to the subject for damages and this can be a valid cause of action under the law. Such post must tend to pry to the
privacy and peace of mind of another, meddle or disturb the private life or family relations of another, intrigue to cause
another to be alienated from his friends or vex or humiliate another on account of his religious beliefs, lowly station in life,
place of birth, physical defect or other personal condition. (Art. 26, Civil Code)
The recent popular posts in Facebook featuring over-weight people who are victims of body-shaming may rely on the Civil
Code for an action for damages.

THE LABOR CODE ON JUST CAUSES FOR TERMINATION

An employee who spreads rumors or intrigues against a coworker or his superior or vice versa, or who does any act similar
to cyberlibel, slander, intriguing against honor or even prying into the privacy of another may be a just cause for his
termination if embodied in the company policy in addition to all other causes of action available to him under the laws
mentioned. (Sec. 5.2 (g), D.O 147-15)

However, all the laws mentioned will only be a valid cause of action to one who is the subject of the post and who is aware
of the post directed to him. Those who simply react and call foul because a post imputes to another an act which tarnishes
one’s reputation without them being the subject of the same has no remedy under any of our present laws.

Social media is a powerful tool. It is always best to set a limit on which issues to react to or which people direct a post to.

While freedom of speech is well-enshrined in our Constitution, this right is not without any limitations.

In the end, it is always best to devote the stroke of our fingers and the clicks of our mouse to intellectual discourse rather
than risk being held liable under our present laws. After all, the power of our minds should be mightier than any sword there
is.