LAW OF CYBERBULLYING  IN THE PHILIPPINES

According to Cyndy P. Dela Cruz, "the pen is mightier than the sword or so the adage goes. When this was once said, it was to highlight the power of thoughts and ideas 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. The perceived anonymity that social media brings tends to shed people’s normal sensibilities or even basic civility. We therefore sometimes see posts or commentaries meant to embarrass competence and intelligence, gender or just plain rumour mongering."

Such acts done behind the cloak of a social media platform may have legal implications under Philippine Laws.

Anti Bullying Act of 2013 (RA 10627)

This law finds applicability in school-related bullying, student-student bullying in particular, which covers those uttered in social media. “Bullying”, as defined, 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; or materially or substantially disrupting the education process. (Sec. 2, RA 10627) These acts are collectively called “cyber bullying” when committed online. (Sec. 2-D, RA 10627) This covers social bullying aiming to belittle another individual or group or gender-based bullying that humiliates another on the basis of perceived or actual sexual orientation and gender identity. (Sec. 3, B-1, RA 10627, Implementing Rules).

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 this Code. (Art. 353, RPC) These acts are more severely punished when done online 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). Likers or sharers of a post cannot be held liable under this law.
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 Honour may also find applicability when the principal purpose is to blemish the honour 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 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 posts 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 Labour Code on Just Causes for Termination

An employee who spreads rumors or intrigues against a co-worker or his superior or vice versa, or who does any act similar to cyberlibel, slander, intriguing against honour or even prying into the privacy of another may be a just cause for 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 these 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.
Freedom of speech must not be infringed but 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 that matter rather than risk being held liable under the law. After all, the power of our minds should be mightier than any sword there is.

Note: This article was originally published in Business World, a newspaper of general circulation in the Philippines

What Is Cyberbullying?

Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation. Some cyberbullying crosses the line into unlawful or criminal behavior.

The most common places where cyberbullying occurs are:

• Social Media, such as Facebook, Instagram, Snapchat, and Twitter
• SMS (Short Message Service) also known as Text Message sent through devices
• Instant Message (via devices, email provider services, apps, and social media messaging features)

• Email

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.

There are some cases of cyber bullying in the Philippines:

Cyberbullying: A victim's tale of lies and the madness of crowds

                              

Published September 15, 2012 3:09pm

By Victoria Camille Tulad

                                                      

In the Philippines, where virtually everyone who has an Internet connection is on Facebook, it becomes all too easy to change —and even ruin— peoples’ lives without a moment’s hesitation.

 

Just like millions of other Pinoys, 27-year-old Raymond Malinay is a confessed Facebook fanatic: he spends every free minute online updating his status, sharing his thoughts, and liking his friends’ posts.  He even made his account public to reach more people. 

 

But what Raymond considered nothing more than a tool for entertainment eventually turned out to be the medium for his oppression: he became the victim of a very ugly prank.

 

On July 4, 2012, this edited photo of Raymond Malinay went viral on Facebook. He was accused of having and spreading HIV. He was later tested negative for the disease. (Photo courtesy of Raymond Malinay)

It was the morning of July 4, 2012, recalls Raymond, when he went on Facebook to check rumors that an anonymous user had accused him of having HIV. That same user even grabbed Raymond’s picture from one of his albums, edited it, and put a supposed statement from the AIDS Society of the Philippines saying he was wanted for spreading the deadly disease. 

 

“I really don’t know where the issue came from, I don’t have enemies… I’m not gay,” says Raymond. “That picture spread really fast; in just two days it got 4,000 shares and reached other countries like India and the USA.”

 

Crowd madness: ‘You will burn in hell’

 

“The worst remark I got was ‘I hope you die, your body will burn in hell,” he added. 

 

The day he saw the malicious pictures and comments, Raymond did not attend class at his university in Manila, where he studies Mass Communication as a third-year student. 

 

“I admit I got depressed. Why would that happen to me when I didn’t do anything to anyone? I didn’t know what to do, it was too much,” Raymond says.

“I was really traumatized. It’s hard enough to get criticized by your friends but this is nationwide, you’ll really get hurt.” 

 

Netizens immediately condemned Raymond without any verification of the truth. (Screengrabs courtesy of Raymond Malinay)

Strangers, loved ones show support

After seclusion at home, Raymond decided to attend school the next day. Riding the LRT wasn’t a breeze, though, since other students who went to colleges in the University belt recognized him. 

 

“When I entered the LRT, there were a lot who looked at me disdainfully,” he says. “I knew they whispered to each other, and I knew it was about me.”

 

Despite getting cyber bullied, Raymond gathered strength from his friends and family, who backed him up all the way. 

 

GMA News was able to talk to his parents, friends, and teachers, and they were unanimous in saying that Raymond is good-natured, hard working, smart, and honest. 

 

Despite the multitude of netizens attacking Raymond, he also received consolation from strangers who believed his account of the story.