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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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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;
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.
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.
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 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.
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.