A Primer on Cyberbullying and related Philippine Laws
A. Introduction
Republic Act 10627, or the Anti-Bullying Act (the “Act”), This law finds applicability in school-related bullying, student-student bullying in particular, which covers those uttered in social media. The law aims to protect children enrolled in kindergarten, elementary, and secondary schools, and learning centers (collectively, “Schools”) from being bullied. It requires schools to adopt policies to address the existence of bullying in their respective institutions.
B. Bullying and Cyberbullying
1. What is Bullying?
Most generally, the term bullying is equated to the concept of harassment, which is a form of unprovoked aggression often directed repeatedly toward another individual or group of individuals[1].
Bullying, as defined under the Act, is 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; such as, but not limited to, the following:
· Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting, and the use of available objects as weapons;
· Any act that causes damage to a victim’s psyche and/or emotional well-being;
· Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks, clothes, and body; and
· Cyber-bullying or any bullying done through the use of technology or any electronic means. The term shall also include any conduct resulting in harassment, intimidation, or humiliation, through the use of other forms of technology, such as but not limited to texting, email, instant messaging, chatting, internet, social media, online games, or other platforms or formats.
· Social bullying, or any deliberate, repetitive, and aggressive social behavior intended to hurt others or to belittle another individual or group.
· Gender-based bullying, or any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity.
Any person who commits any of the foregoing acts, (as enumerated above) is considered a bully.
Any act of retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying, is likewise prohibited. (Whistle Blowing Provision)
2. Where may “traditional” forms of bullying be committed?
Bullying may happen at the following:
· School grounds;
· Property immediately adjacent to School grounds;
· School-sponsored or School-related activities, functions or programs whether on or off School grounds;
· School bus stops;
· School buses or other vehicles owned, leased or used by a School; or
· School buses or School services privately-owned but accredited by the School.
Bullying may also occur at unrelated locations, functions or programs, through the use of technology or an electronic device, or other forms of media, regardless if such is owned, leased, or used by the School. (Cyberbullying if done in cyberspace like social media platforms).
C. Cyberbullying in relation to the Revised Penal Code and the Cybercrime Prevention Act
1. What other Criminal Laws might be applicable in case/s of Cyberbullying?
One who publicly or maliciously imputes to another a crime, vice, defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or blacken the memory of one who is dead may be liable for libel under this Code. (Art. 353, RPC).
These acts are more severely punished when done online in addition to the civil action for damages that may be brought by the offended party. (Sec. 4(c-4), RA 10175).
Do note that Cyberlibel holds liable only the original author of the post (Sec. 5(3), Implementing Rules of RA 10175). Likers or sharers of a post cannot be held liable under this law.
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 Honour 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 on social media.
C. Cyberbullying in relation to the New Civil Code provision on Damages
1. Is there any Civil Law provision that might be applicable in case/s of Cyberbullying?
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) 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).
D. Cyberbullying in relation to the Labor Code provision on Just Causes for Termination
1. Is Labor Law applicable in case/s of Cyberbullying done in the workplace?
An employee who spreads rumors or intrigues against a co-worker or his superior or vice versa, or who does any act similar to Cyberlibel, slander, intriguing against honor, or even prying into the privacy of another may be a just cause for termination if embodied in the company policy in addition to all other causes of action available to him under the laws mentioned. (Sec. 5.2(g), D.O 147–15)
E. Cyberbullying in relation to the Philippine Constitution
The language of the 1987 Constitution is straightforward. Article III, Section 4 reads: “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for a redress of grievances.”
As stated, freedom of speech must not be infringed but 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 that matters rather than risk being held liable under the law.
Reference/s:
https://cyberbullying.org/what-is-bullying
https://askinglot.com/open-detail/531909
[1] Retrieved from https://cyberbullying.org/what-is-bullying 15 August 2021
