Applicable Law Against Cyber Bullying In The Philippines

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You may be interested to check the survey result that defined the local cyberbullying culture, some statistics related to incidence bullying and cyberbullying in the Philippines, and the proactive steps to deal with cyber bullying.

 

I was asked if there is a law against cyber bullying in the Philippines, given the effectivity of the Cybercrime Prevention Act of 2012 is today, Oct. 3, 2012.

Cyber bullying is not included on the new cybercrime law, but there are pending bills filed in both houses of congress on this.

update: cyber bullying is part of the anti-bullying act of 2013 but it only covers students 
up to high school. Adult victims can use the other provisions of the cybercrime law, 
like libel and identity theft, if the bully used it.

It was widely believed that “Republic Act 7610 also known as  Special Protection of Children Against Abuse, Exploitation and Discrimination Act” is being recognized as one of the possible laws that can be used by cyber bullying victims.

ARTICLE VI- Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.

If, however,  the cyber bully created a false account about the victim, the cybercrime law, may now be used as basis for filing of complaint.

There is a special challenge to identify the cyber bully since bullying can be done anonymously, or hide behind a pseudo online personality. But according to PH law enforcement groups, they have the capability to trace the identity of the anonymous bully.

If in anyway, you or your family is a victim of cyber bullying, you can file an  ONLINE complaint at PNP CIDG’s PROJECT ANGEL

 

 

 

Speak your mind

  • Jaymen Moreno

    hi ! i just want to ask if there’s any possibility to trace the person who hacked my sister’s FB account? yung hacker kase up until now ginagamit yung fb ng kapatid ko, then sinisiraan nya yung kapatid ko.. i already warned that person na tumigil na but wala syang takot. so i want to make an action for that. so ano po bang mga kaso ang pwede naming isampa sa kanya? ano ano yung mga steps to file a case regards on this issue? thank you.

    • http://AskSonnie.info AskSonnie

      Hi Jaymen,

      It’s possible to trace but only the authorities (NBI/PNP) have the capability to do that. You can visit them anytime to file complaint or seek advice. Here’s what you can do for the meantime, report the hacked account to Facebook so they can take action.

      More info here: http://asksonnie.info/what-to-do-when-cyberbullied/

    • Jaymen Moreno

      hmm pano po namin marereport sa Facebook? ee di na po namin mabuksan.. iniba po ata yung password nung account ng sister ko.

    • http://AskSonnie.info AskSonnie

      mula sa log-in page, click mo yung forgot your password at sundan mo instruction kung papaano ma recover yung account na na-hack.

      mula sa facebook account mo, puntahan mo yung sinasabi mo na post or pic na naka ka harass at i report mo sa facebook

  • nic

    patulong po, ako po ay napicturan sa trabaho ng taong hindi ko kilala, at naka post sa FB pero mukhang fake ang name na gamit niya. nilagay pa niya real name ko sa FB para ipahiya ako. anong pwede ko gawin at anong case pwede ifile?

    • http://AskSonnie.info AskSonnie

      Hi Nic,

      Ang una mo pwede gawin is to report the said picture sa Facebook mismo at sabihin mo this picture is taken without consent, and the picture is meant to embarass you. Kung sa work eto, get help from HR too.

      More help here: http://asksonnie.info/what-to-do-when-cyberbullied/

  • april reglos

    Hi. I have experienced being bullied in FB community. She was creating accounts under my name and pictures. She was threading stories about me. She was using a different name on FB even when texting us. Puro paninirang puri at death threats to my family were send to me. What should I do. to track her and find her? Can i file sue about this? thanks

  • unknwon

    hi i want to ask. is it possible to trace whre teh FB came from? kasi ang bata ay 8 years old so menor de edad at ginagamit nya ang name ng bata sa facebook tapos kunwari ang bata nag cocoment na REST in peace papa. tapos saying that this is my father he leaves us together with his mistress. that is the caption of the picture .the mother of boy is a TEACHEr.
    the husband is supporting, because of jobless he cannot support , but he is looking for a job. and he will support the children once he finds a job

    so being a teacher and a mother she needs to protect the welfare of the child.
    so the DEPED has the possibility to removed her license as a teacher?

    please advise

    • http://asksonnie.info ASKSonnie

      I’m sorry po. Hindi ko po maintindihan yung iba tanong. But as for the FB kung ma trace, pwede po yan pero ang may kakayahan lang po ay ang PNP or NBI Cybercrime Division. Pero mahaba po na proseso yan. Please read this po for details:

      http://asksonnie.info/what-to-do-when-cyberbullied/

  • sheilla mae fernandez

    hi sir i would like to ask how can i file a case against people who cyberbullied me in facebook..they keep talking about me in comments and post,and also send me private message.i work here in hongkong and they are in the philippines right now.

    thanks in advance!

  • Shari Manalastas

    hi :) I just read a conversation of a certain people talking about me somewhat backbitting at me I read something that is really below the belt already is that a cyber crime already? if it is how can I report them? they we’re actually planning to poison me yet the another person refuse to her plan. how cab i teach them a lesson ? I read it at the bullies facebook

    • http://AskSonnie.me AskSonnie

      Hi Shari,

      Make sure you have a screenshot of the conversation, then proceed to the nearest PNP women’s desk in your area. They will be able to help you from there.

      Please keep me posted.

  • Jun Pogi

    Hi. I just joined a facebook community group. In this group they had a discussion where in they post pictures of a vehicle not properly park with plate number clearly shown in it. They tagged this discussion as “stupid drivers” and calling them “mga ngengot”. Can this be consider as a cyber bullying?

    • http://AskSonnie.me/ AskSonnie

      the elements of cyberbullying may include: deliberate and repeated act, use of technology to cause an embarrassment, fear and loss of dignity to another person. But in your example, only plate numbers are shown. Car owners and drivers are not necessarily one person.

  • Jun Pogi

    Hi. I just joined a facebook community group. In this group they had a discussion where in they post pictures of a vehicle not properly park with plate number clearly shown in it. They tagged this discussion as “stupid drivers” and calling them “mga ngengot”. Can this be consider as a cyber bullying?

    • http://AskSonnie.me/ AskSonnie

      the elements of cyberbullying may include: deliberate and repeated act, use of technology to cause an embarrassment, fear and loss of dignity to another person. But in your example, only plate numbers are shown. Car owners and drivers are not necessarily one person.

  • http://twitter.com/Borrisbuhay Borris (@Borrisbuhay)

    (1) Does the current law on bullying “really” criminalize bullying? as a whole? with that, i mean including school bullying. of course, they would call it juvenile delinquency and so no imprisonment and just rehab, etc. (2) But other than school bullying, is there a penalty, like imprisonment, on such acts?

    • http://AskSonnie.me AskSonnie

      the anti-bullying law only covers high school students and below. school principals, after evaluation of the case and factors affecting juvenile incidents, and after proper consultation with lawyers and other stakeholders, may file a criminal case IF act falls under the revised penal code.

      for adults, other laws may apply. like some provisions of cybercrime law may be used to addressed cyber bullying.

  • http://twitter.com/Borrisbuhay Borris (@Borrisbuhay)

    (1) Does the current law on bullying “really” criminalizes it? As a whole? With that i mean including school bullying. Of course, they would say it’s juvenile delinquency and so no imprisonment and just rehabilitation,etc. (2) But if not school bullying, is there a penalty like imprisonment? Thanks

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