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- 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
2012. Raymond decided to attend school the next day. hardworking. you‟ll really get hurt. Raymond gathered strength from his friends and family.” he says. It‟s hard enough to get criticized by your friends but this is nationwide. Why would that happen to me when I didn‟t do anything to anyone? I didn‟t know what to do.” Strangers. it was too much. recalls Raymond. “That picture spread really fast. though. and liking his friends‟ posts. It was the morning of July 4.000 shares and reached other countries like India and the USA. and I knew it was about me.” Despite getting cyber bullied. GMA News was able to talk to his parents. when he went on Facebook to check rumors that an anonymous user had accused him of having HIV.” Crowd madness: ‘You will burn in hell’ “The worst remark I got was „I hope you die. The day he saw the malicious pictures and comments. “I really don‟t know where the issue came from. and honest. and they were unanimous in saying that Raymond is good-natured. it becomes all too easy to change —and even ruin— peoples‟ lives without a moment‟s hesitation. where he studies Mass Communication as a third-year student. Riding the LRT wasn‟t a breeze. where virtually everyone who has an Internet connection is on Facebook. “I was really traumatized. there was a lot who looked at me disdainfully. I don‟t have enemies… I‟m not gay. since other students who went to colleges in the University belt recognized him. . Raymond did not attend class at his university in Manila. “When I entered the LRT.” Raymond says. That same user even grabbed Raymond‟s picture from one of his albums. “I knew they whispered to each other.” he added. Just like millions of other Pinoys. who backed him up all the way. sharing his thoughts. and put a supposed statement from the AIDS Society of the Philippines saying he was wanted for spreading the deadly disease. He even made his account public to reach more people.Cyberbullying: A victim's tale of lies and the madness of crowds In the Philippines. 27-year-old Raymond Malinay is a confessed Facebook fanatic: he spends every free minute online updating his status. your body will burn in hell. in just two days it got 4. and teachers. 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. edited it.” says Raymond. “I admit I got depressed. friends. loved ones show support After seclusion at home. smart.
No Anti Cyber-Bullying Law With the upsurge in the number of Facebook users in the country. Jose Sescon. Cyber bullying on the other hand comes inside your home and takes advantage even of younger children. “Your typical bullying happens in school or anywhere outside but it stops when you go home. 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. A more dangerous kind of bullying According to Pscyhologist Dr. Raymond still receives biting feedback from people who believe the damaging pictures and posts. The lack of an anti-cyber bullying law is precisely the reason why. he was told that the agency had no means of tracking the culprit.” Ng-Gui says that the best way to address the trauma caused by cyber bullying. the AIDS Society of the Philippines issued a disclaimer saying that the organization had nothing to do with the posts. that it is difficult to have their bill passed since not many legislators currently share their view on its importance. a cruel prank Immediately after the pictures came out. he also received consolation from strangers who believed his account of the story." he emphasized. False accusations. “We have to be responsible with the message or pictures we have posted… there are human rights that needed to be protected. Tieng admits. At the moment. Think before you click From time to time.” says Ng-Gui. is to step out.” said the organization‟s president. For their part. cyber bullying is a more dangerous kind of bullying. “The first effect [of cyber bullying] is the fear to speak up. when Raymond went to Camp Crame‟s Criminal Investigation Detection Group or CIDG back in July. As expected. “As you very well know [the] Aids Society of the Philippines has been in existence for 15 years. Dr. He eventually traced the original post to a certain user named “Shine Siy”. . tell others and surround yourself with people that support you. the test turned out to be negative. however. but he still could not be sure if that person was indeed responsible for the posts. anger. and that all they could do was to record his statements. patient rights especially on the aspects of HIV and AIDS. Raymond then had proof that he was merely a victim of a cruel prank. but he has learned to put them all aside. the person can become anti-social. he remains hopeful that no one will go through what he had to endure. humiliation. Raymond went to a hospital affiliated with the AIDS Society of the Philippines to dispute the allegations and get an HIV test.Despite the multitude of netizens attacking Raymond. and its very adherent to promote human rights confidentiality of issues. Ali Ng-Gui.
but what happens when the victim starts getting affected by the harsh words that are being said. Just because it is outside the school does not necessarily mean the school cannot do anything about it. Some people believe that suspension does not help because if they have done it once what is stopping them from doing it again. The student brings his or her problems to school with themselves. Cyber bullying is a punishable crime. They think because it is outside the school. 4. A lot of young kids and teenagers are turning to suicide from cyber bullying. Why shouldn't they? Schools cannot punish outside of the jurisdiction including cyber bullying on at home computers? There is a problem however. Schools should be allowed to punish. Cyber bullying. Students who are being bullied will start to fail in their classes. eventually start skipping school all together. the school cannot do anything to help. 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. Most people think students shouldn't be suspended because it is outside of the school. making it the schools problem. Students need to learn! Many people believe that students should not be suspended. which occurs mostly between students of the same school. “I learned that even if you have Facebook you don‟t need to broadcast everything about your life. 3. . it may help the suicides to be reduced. but they are wrong. When a student gets cyber bullied it doesn't just stay at home.” Raymond says. It is very important to be responsible and as they say. maybe even resort to suicide. 2. And should be punished for what they did. GMA News 1.“I just thought of the positive side because I felt more loved and cared for. To many kids commit suicide. to „Think before you click‟. 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. will eventually leak into the school at some point.” —TJD/HS.
and third. focusing on the instrument used to perpetuate it. Because it is effected through cell phones and computers. the impact of their actuations on their victims. tween or teen is repeatedly tormented. In addition. e-mail. instant messaging or any other type of digital technology. Schools. embarrassed or otherwise targeted by another child or teenager using text messaging. Both because of its relatively recent prevalence and the continuing changes in the way it is conducted. 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. physical stature. technology allows. or psychological make-up is particularly vulnerable to being damaged thereby.A new menace: cyberbullying By Ricardo Romulo THE QUESTION is not whether cyberbullying is a crime under Philippine law. anonymity is even a prodder of sorts. This anonymity which makes it almost impossible to trace the offensive message to its real source actually encourages the bad behavior. a strong temptation to do wrong. humiliating. The offender can send his messages from miles away or from a seat next to his victim. cyberbullying has no fixed venue.? To Bill Belsey is attributed the description of cyberbullying as involving ?the use of information and communication technologies to support deliberate. cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person. The first is anonymity of the perpetrator. hurting. humiliated. that is intended to harm others. the acts constituting cyberbullying certainly do. harassed. Or from a private laptop or a personal handheld device. I answer in the affirmative. . without much trouble on the part of the doer. are very common sites of cyberbullying and minors constitute the greater number of its victims. If cyberbullying is limited to these three essentials. instead. the repeated sending of the messages. threatened. The US National Crime Prevention Council. second. The offensive e-mails and text messages can be easily sent from a computer in any cybershop or café. cyberbullying has more vicious characteristics that suggest considering it separately. It could be done anywhere and wherever the offender and his instrument of transmission may be.? StopCyberbullying. or embarrassing. at the very least. In aberrant persons. says cyberbullying is ?when the Internet. The likelihood of not being caught breaks down the offender?s inhibitions and eliminates his fear of reprisals from the victim. The question is. Unfortunately. thus describes it as ?a situation when a child. repeated and hostile behavior by an individual or group. though. and perhaps with sadistic relish. a victim who by reason of age. for the purpose of harassing.? But all the descriptions contain the three essential elements of the offense that is conceived as ?cyberbullying?: first. It even enables the offenders to observe undetected. the use by the perpetrator of modern information and communication technology. whether it ought to be considered as a new crime in itself. automatically in timed intervals at whatever time of day or night. cyberbullying does not have an established definition.org focuses on its usual victims and its common perpetrators.
like pasting the victim?s face on another?s body with unflattering effect. especially if the victim has a prior vulnerability. insults and demeaning remarks. Among the first was California?s Assembly Bill 86 in 2008. But it is certainly not too early for the formulation of appropriate policies and measures to prevent cyberbullying and punish its perpetrators. even awaited. in a crowd as part of a big audience or all alone at the back pew of a lonely church.And. In the United Kingdom. to outright defaming. to the publication in cyberspace of derogatory material. but then. At least seven states in America have passed laws against digital harassment. to my knowledge. In the Philippines. the problem is not.? The tenor of the messages from her friend turned for the worse and soon the poor girl was at the receiving end of threats. The often-cited story is that of an American girl who opened an account with a social networking site. In the United States. The situation got to be so stressful on her. that isolates him from innocent incoming messages. The methods run the whole gamut?from direct insults and threatening remarks. a ruling was handed down making the Internet service provider responsible for the content of the transmitted messages. a number of which is necessary. Romulo is a senior partner of Romulo Mabanta Buenaventura Sayoc & De Los Angeles . businesses and organizations have formed coalitions to instill awareness of the problem and assist in its prevention and punishment. he is vulnerable anywhere and wherever he might be. Other countries have taken serious steps to combat the effect of cyberbullying. which authorizes school administrators to discipline students who are found guilty of cyberbullying. The effect on the victim can be devastating. to distributing private photos (with or without any accompanying malicious captions). His only defense is to turn his receiver off. she committed suicide three weeks before she was 14. Soon she started getting messages from a person with whom she became ?friends. The modes of commission are just as numerous. as serious as elsewhere. Ricardo J. because the victim is almost inseparable from his own handheld gadget. United Kingdom and other jurisdictions.