Juvenile Justice and Welfare Act of 2006 SEC. 6. Minimum Age of Criminal Responsibility.

- A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. Cybercrime Prevention Act of 2012 An Act defining cybercrime, providing for the prevention, investigation, suppression and the imposition of penalties therefor and for other purposes

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

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 moments 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. 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 Raymonds 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 dont know where the issue came from, I dont have enemies Im 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 didnt do anything to anyone? I didnt know what to do, it was too much, Raymond says. I was really traumatized. Its hard enough to get criticized by your friends but this is nationwide, youll really get hurt. Strangers, loved ones show support After seclusion at home, Raymond decided to attend school the next day. Riding the LRT wasnt a breeze, though, since other students who went to colleges in the University belt recognized him. When I entered the LRT, there was 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, hardworking, smart, and honest.

Despite the multitude of netizens attacking Raymond, he also received consolation from strangers who believed his account of the story. False accusations, a cruel prank Immediately after the pictures came out, Raymond went to a hospital affiliated with the AIDS Society of the Philippines to dispute the allegations and get an HIV test. As expected, the test turned out to be negative. Raymond then had proof that he was merely a victim of a cruel prank. For their part, the AIDS Society of the Philippines issued a disclaimer saying that the organization had nothing to do with the posts. As you very well know [the] Aids Society of the Philippines has been in existence for 15 years, and its very adherent to promote human rights confidentiality of issues, patient rights especially on the aspects of HIV and AIDS, said the organizations president, Dr. Jose Sescon. We have to be responsible with the message or pictures we have posted there are human rights that needed to be protected," he emphasized. No Anti Cyber-Bullying Law With the upsurge in the number of Facebook users in the country, Buhay party-list Representatives Irwin Tieng and Mariano MichaelVelarde saw it fit to introduce House Bill 6116 or the Anti Cyber -Bullying Act of 2012, an act which would seek to punish hackers and hear cases of bullying on the internet. Tieng admits, however, that it is difficult to have their bill passed since not many legislators currently share their view on its importance. The lack of an anti-cyber bullying law is precisely the reason why, when Raymond went to Camp Crames Criminal Investigation Detection Group or CIDG back in July, he was told that the agency had no means of tracking the culprit, and that all they could do was to record his statements. A more dangerous kind of bullying According to Pscyhologist Dr. Ali Ng-Gui, cyber bullying is a more dangerous kind of bullying. Your typical bullying happens in school or anywhere outside but it stops when you go home. Cyber bullying on the other hand comes inside your home and takes advantage even of younger children, says Ng-Gui. The first effect [of cyber bullying] is the fear to speak up, anger, humiliation; the person can become anti-social. Ng-Gui says that the best way to address the trauma caused by cyber bullying, is to step out, tell others and surround yourself with people that support you. Think before you click From time to time, Raymond still receives biting feedback from people who believe the damaging pictures and posts, but he has learned to put them all aside. He eventually traced the original post to a certain user named Shine Siy, but he still could not be sure if that person was indeed responsible for the posts. At the moment, he remains hopeful that no one will go through what he had to endure.

I just thought of the positive side because I felt more loved and cared for, Raymond says. I learned that even if you have Facebook you dont need to broadcast everything about your life. It is very important to be responsible and as they say, to Think before you click. TJD/HS, GMA News

1.

Why shouldn't they?

Schools cannot punish outside of the jurisdiction including cyber bullying on at home computers? There is a problem however. Cyber bullying, which occurs mostly between students of the same school, will eventually leak into the school at some point, making it the schools problem. Schools should be allowed to punish.
2. To many kids commit suicide.

A lot of young kids and teenagers are turning to suicide from cyber bullying. If a school was to find out about this then they can be extra adults to help try to put a stop to it and by punishing the bully, it may help the suicides to be reduced.
3. Being responsible for your own actions

Yes I understand the school does not have the power to control the internet but the school has the right to discipline there students for misconduct which I exactly what cyber bulling is a student basically torturing another student which I believe should be punished and they should be responsible for their actions. And should be punished for what they did.
4. Students need to learn!

Many people believe that students should not be suspended, but what happens when the victim starts getting affected by the harsh words that are being said. Students who are being bullied will start to fail in their classes, eventually start skipping school all together, maybe even resort to suicide. Most people think students shouldn't be suspended because it is outside of the school. They think because it is outside the school, the school cannot do anything to help, but they are wrong. Just because it is outside the school does not necessarily mean the school cannot do anything about it. When a student gets cyber bullied it doesn't just stay at home. The student brings his or her problems to school with themselves. Some people believe that suspension does not help because if they have done it once what is stopping them from doing it again. Cyber bullying is a punishable crime.

A new menace: cyberbullying

By Ricardo Romulo

THE QUESTION is not whether cyberbullying is a crime under Philippine law; the acts constituting cyberbullying certainly do. The question is, instead, whether it ought to be considered as a new crime in itself. I answer in the affirmative. Both because of its relatively recent prevalence and the continuing changes in the way it is conducted, cyberbullying does not have an established definition. The US National Crime Prevention Council, focusing on the instrument used to perpetuate it, says cyberbullying is ?when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person.? To Bill Belsey is attributed the description of cyberbullying as involving ?the use of information and communication technologies to support deliberate, repeated and hostile behavior by an individual or group, that is intended to harm others.? StopCyberbullying.org focuses on its usual victims and its common perpetrators, thus describes it as ?a situation when a child, tween or teen is repeatedly tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child or teenager using text messaging, e-mail, instant messaging or any other type of digital technology.? But all the descriptions contain the three essential elements of the offense that is conceived as ?cyberbullying?: first, the use by the perpetrator of modern information and communication technology; second, for the purpose of harassing, humiliating, hurting, or embarrassing; and third, a victim who by reason of age, physical stature, or psychological make-up is particularly vulnerable to being damaged thereby. If cyberbullying is limited to these three essentials, then a case could be made that cyberbullying is really no more than a modern form of maltreatment or unjust vexation punishable under our Revised Penal Code. Unfortunately, cyberbullying has more vicious characteristics that suggest considering it separately. The first is anonymity of the perpetrator. The offensive e-mails and text messages can be easily sent from a computer in any cybershop or caf. Or from a private laptop or a personal handheld device. This anonymity which makes it almost impossible to trace the offensive message to its real source actually encourages the bad behavior. The likelihood of not being caught breaks down the offender?s inhibitions and eliminates his fear of reprisals from the victim. In aberrant persons, anonymity is even a prodder of sorts, at the very least, a strong temptation to do wrong. It even enables the offenders to observe undetected, and perhaps with sadistic relish, the impact of their actuations on their victims. Because it is effected through cell phones and computers, cyberbullying has no fixed venue. It could be done anywhere and wherever the offender and his instrument of transmission may be. The offender can send his messages from miles away or from a seat next to his victim. Schools, though, are very common sites of cyberbullying and minors constitute the greater number of its victims. In addition, technology allows, without much trouble on the part of the doer, the repeated sending of the messages, automatically in timed intervals at whatever time of day or night.

And, because the victim is almost inseparable from his own handheld gadget, he is vulnerable anywhere and wherever he might be, in a crowd as part of a big audience or all alone at the back pew of a lonely church. His only defense is to turn his receiver off; but then, that isolates him from innocent incoming messages, a number of which is necessary, even awaited. The modes of commission are just as numerous. The methods run the whole gamut?from direct insults and threatening remarks, to the publication in cyberspace of derogatory material, to distributing private photos (with or without any accompanying malicious captions), to outright defaming, like pasting the victim?s face on another?s body with unflattering effect. The effect on the victim can be devastating, especially if the victim has a prior vulnerability. The often-cited story is that of an American girl who opened an account with a social networking site. Soon she started getting messages from a person with whom she became ?friends.? The tenor of the messages from her friend turned for the worse and soon the poor girl was at the receiving end of threats, insults and demeaning remarks. The situation got to be so stressful on her; she committed suicide three weeks before she was 14. Other countries have taken serious steps to combat the effect of cyberbullying. In the United States, United Kingdom and other jurisdictions, businesses and organizations have formed coalitions to instill awareness of the problem and assist in its prevention and punishment. At least seven states in America have passed laws against digital harassment. Among the first was California?s Assembly Bill 86 in 2008, which authorizes school administrators to discipline students who are found guilty of cyberbullying. In the United Kingdom, a ruling was handed down making the Internet service provider responsible for the content of the transmitted messages. In the Philippines, the problem is not, to my knowledge, as serious as elsewhere. But it is certainly not too early for the formulation of appropriate policies and measures to prevent cyberbullying and punish its perpetrators. Ricardo J. Romulo is a senior partner of Romulo Mabanta Buenaventura Sayoc & De Los Angeles