Online Bullying and Libel in the Philippines

Of the top 5 cybercrimes in 2020, at least 3 can be associated with Cyberbullying.

 
 

 
 
The top five cybercrimes during the 7-month period of 2020 were online scams, online libel, computer-related identity thefts, anti-photo and video voyeurism, and illegal access to someone else’s online account.
 
While online libel is directly related to cyberbullying, identity theft, anti-photo, and video voyeurism, and illegal access to someone else’s online account can also be associated with online bullying.
 
 

What is cyberbullying

 
Let’s refer to Republic Act 10627 for the definition. Though this law is intended for minors, we can lift the framework to get a working definition.
 

SEC. 2. Acts of Bullying
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 for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school;

 
Though freedom of expression is guaranteed in the Philippine constitution, it should not result in reputational, mental, physical, and material harm to another person
 
Likewise, for purposes of this discussion, cyberbullying can also be a consequence of one or a combination of the unlawful acts defined in the anti-cybercrime law.
 
 

Different forms

 
As technology evolves, new forms of will emerged. As of this writing, below are different forms of cyberbullying

• Cyber Lynching

This is also known as group bullying or cyber mob. Group bullying may happen after someone calls out a person for (1) actual abuse or injustice ex. abusadong professor“, (2) when a person an offending opinion, ex. Manny Pacquiao’s belief on LGBT (3) when a person spreads fake news.

• Canceling- this is akin to social bullying. You make the person experience they do not belong.
• Impersonating

This is the creation of a false account or the hacking of the original account of the victim, and the perpetrator will use this to humiliate and attack the victim. Also known as identity theft

• Flaming – this is the use of angry, vulgar, and violent words against the victim
• Text Bullying (SMS/MMS)

This is the old school of cyberbullying but the second commonly used platform after Facebook according to this survey.

• Dark Social – similar to text bullying, but this one uses messaging/ chat apps
• Creative Bullying

This form uses creative arts to inflict damage to the victim, these are the use of “fan pages” as “hate pages”, photoshopped images, e posters, and videos.

• Outing (social engineering)

This form is meant to manipulate the victim to willingly divulge embarrassing information or do something embarrassing. These will now be used  to harass and embarrass the victim

• Cyberbaiting

This is a special form of cyberbullying because the victims are teachers and perpetrators are students. The students use the same tactic as outing, setting up the teacher to “snap” and record the whole thing to make fun of their teachers on social media.
 
 

Suicide

It was reported that there was an increase in suicides and they are attributing it to bullying, Although there certainly is a connection between the two, the research highlights the complexity of the relationship.

What to do if you are at the receiving end of cyberbullying

Always inform somebody when you are being cyberbullied, harassed, stalked, or mobbed

• As a minor, tell your parents or guardian. It is best to share this also to your class adviser or the school’s guidance office. Parents, it’s best to inform the principal about the incident. As required by law, schools thru the Principal or his/her designate should conduct an investigation.
• As an adult, tell someone you trust, and if harassment is work-related, it is wise to give your HR a heads-up. If you’re experiencing workplace bullying, here’s what you can do

 
Always keep a copy of the hate messages, degrading images, and/or videos using a browser where the URL is visible when taking a screenshot
 

• Do not delete text messages, emails, tweets, and PMs/DMs.
• Always take a screenshot of the Facebook, Twitter, and other social network’s timeline
• Download a copy of degrading images or videos to be kept as evidence

Block the accounts of the people who are harassing you.

• Parents, do this immediately and have your kids take an online vacation
• For adult victims, do this if the attacks are affecting you already but ask someone to monitor the accounts of the bully.
• If you can, take an online vacation. Use different CP numbers when necessary, but ask someone to monitor the SMS in your original number.

When cyberbullied using social media, report the account, photos, and videos to social network providers

• For Facebook abuses, if you do not have an account, report HERE
• If you have a Facebook account and you wish to report harassment/bullying follow this GUIDELINES
• For Twitter abuses, report HERE
• For Instagram, go HERE.
• For Snapchat, go HERE.

If both the cyberbullied and offender is minor

• *Bully is from the same school – report to the child protection committee or the guidance counselor
• *Bully is from another school – report to the offenders’ school
• **Bully is out of school youth – bring the matter to the barangay where the offender is residing

 
* the school will determine if aside from an administrative sanction, there is a need to file criminal charges. If parents are not happy with handling, they can escalate the incident to Dep Ed.
** if there is no resolution at the barangay level, they can proceed to the Women and Child Protection Desk of the PNP or DSWD
 
Schools and Companies, for support purposes, should have a bullying and social computing policy; and promote surf safe practices thru learning events and other interventions. The policy should answer for the administrative discipline of the perpetrator. Likewise, a counseling program should also be in place for victims of any form of bullying.
 
 

Applicable laws on cyberbullying that you can use

 
For minors, aside from RA 10627, or the anti-bullying act of 2013, “Republic Act 7610 also known as Special Protection of Children Against Abuse, Exploitation and Discrimination Act” can also be used to help both the victim and the aggressor.
 

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 prison mayor in its minimum period.

 
For adults, provisions of  RA 10175  or the cybercrime law can apply. As mentioned in our opening paragraph, online libel, identity theft, and illegal access to online accounts.
 
The Anti-Photo and Video Voyeurism Act of 2009 or RA 9995 also applies. This, if the perpetrators use intimate personal images and videos to blackmail, extort or harass the victims.
 
For “non-cyber” harassment offenses, I wrote an exhaustive list of discrimination laws, rulings, and regulations so if there is a need to go the legal route, we will be guided.
 
 

Report your negative online experience

• Go to the nearest Women and Children’s Protection Desk of PNP
• Alternately, you can file an online report here. 
• Or visit either the PNP Cybercrime Unit at Camp Crame or the NBI Cybercrime Unit
• According to this news report, you can contact the National Bureau of Investigation at [email protected] or call 028521-9208, local extensions 3429 (Chief) and 3497 (Staff).

Seek financial damages, when applicable

Online Bullying is the top 3 cybercrime in the Philippines for the most part of 2020
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), according to Atty. Cyndy P. dela Cruz.
 

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)

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