In the digital age, the Philippines has transitioned from being the "social media capital of the world" to a landscape where online interactions carry significant legal weight. Cyberbullying—once dismissed as mere "internet drama"—is now a recognized legal grievance with specific penal and civil consequences under Philippine law.
Primary Legal Frameworks
Unlike some jurisdictions with a single "Cyberbullying Act," the Philippines addresses these offenses through a combination of special laws and the Revised Penal Code.
1. Republic Act No. 10627: The Anti-Bullying Act of 2013
This is the foundational law for bullying within educational institutions.
- Scope: Applies to elementary and secondary schools.
- Definition of Cyberbullying: Any bullying done through the use of technology or any electronic means. This includes the placement of messages, images, or videos online that instill fear of physical or emotional harm or create a hostile environment at school.
- Remedies: Schools are mandated to adopt policies to address bullying. Victims can file administrative complaints with the school administration, which may lead to suspension or expulsion of the perpetrator.
2. Republic Act No. 10175: Cybercrime Prevention Act of 2012
This is the most potent tool against cyberbullying for adults and serious cases involving minors.
- Cyber Libel (Section 4(c)(4)): The most common charge in cyberbullying cases. It involves the public and malicious imputation of a crime, vice, or defect, real or imaginary, tending to cause dishonor or contempt of a person, transmitted through a computer system.
- Penalty: The penalty for cyber libel is one degree higher than traditional libel. Under the Revised Penal Code, libel is punishable by prision correccional in its minimum and medium periods; under the Cybercrime Law, this jumps to 6 months and 1 day to 6 years of imprisonment and/or a fine ranging from ₱40,000 to millions, depending on the court's discretion.
3. Republic Act No. 11313: The Safe Spaces Act (Bawal Bastos Law)
This law expanded the definition of sexual harassment to include "Gender-Based Online Sexual Harassment."
- Offenses: Includes uploading or sharing photos/videos without consent, stalking, or sending misogynistic, transphobic, or homophobic slurs online.
- Penalties: Punishable by prision correccional in its medium period or a fine of ₱100,000 to ₱500,000.
Civil and Administrative Remedies
Beyond criminal prosecution, victims have several avenues for redress:
- Civil Liability (Art. 19, 20, 21 of the Civil Code): Victims can sue for Moral Damages (for mental anguish), Exemplary Damages (as a deterrent), and Attorney’s Fees. The principle of "abuse of right" applies when a person willfully causes loss or injury to another in a manner contrary to morals or good customs.
- Data Privacy Complaints (RA 10173): If the bullying involves the unauthorized disclosure of sensitive personal information (doxing), a complaint can be filed with the National Privacy Commission (NPC).
- Protection Orders: Under RA 9262 (Anti-Violence Against Women and Their Children), online harassment can be a ground for a Protection Order if the parties are in a dating or familial relationship.
Step-by-Step Legal Recourse
For those seeking to hold a cyberbully accountable, the following process is generally observed in the Philippine jurisdiction:
- Preservation of Evidence: Take screenshots of the offensive posts, comments, or messages. Ensure the URL, timestamp, and profile identity are visible. Do not delete the thread, as digital forensics may be required.
- Verification of Identity: If the account is a "dummy" or anonymous, the PNP Anti-Cybercrime Group (PNP-ACG) or the NBI Cybercrime Division can be tapped to apply for a Warrant to Disclose Computer Data (WDCD).
- Filing the Complaint: * For minors: File through the school's Child Protection Committee.
- For adults: File a formal complaint for Libel or Unjust Vexation with the Office of the City Prosecutor or the NBI/PNP.
- Mediation: In many civil aspects, the court may mandate mediation to settle for damages before proceeding to trial.
Summary of Penalties
| Offense | Law | Maximum Penalty |
|---|---|---|
| Cyber Libel | RA 10175 | 6 years imprisonment + Fine |
| Online Sexual Harassment | RA 11313 | 6 years imprisonment + ₱500k Fine |
| Unjust Vexation | RPC Art. 287 | 30 days imprisonment + Fine |
| Data Privacy Violation | RA 10173 | Up to 6 years imprisonment + ₱5M Fine |
Note on Jurisdiction: Under Philippine law, even if the perpetrator is abroad, they may still be liable if the effect of the cyberbullying occurs within the Philippines, provided there is an extradition treaty or the person returns to the country.