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BY AYIN DREAM D. APLASCA
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Friday, November 3, 2017
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NOWADAYS, it is very easy for netizens to hide their identities behind social media accounts. It is also easier for them to respond to different issues without hesitation for their identities are hidden. Thus, they use vulgar and threatening words.
Recently, a rookie celebrity went to Philippine National Police – Anti-Cyber Crime Group (PNP-ACG) to file a complaint for cyberbullying. He is being bullied because of his alleged arrogance and attitude problem. Additionally, he even received death threats after his video bashing a fellow celebrity leaked on social media.
We see that even if the bullying is done on the social media platform, aggrieved individuals may have legal remedies under our present laws. Here are some details about this remedy as provided under the Cybercrime Prevention Act of 2012, also known as Republic Act (RA) 10175.
This law aims to address issues concerning online interactions. Included in the law are cybersquatting, cybersex, child pornography, identity theft, illegal access to data, and libel. The agencies that accept and handle these kinds of cases are the Department of Justice (DOJ) Cybercrime Division, National Bureau of Investigation (NBI) Cybercrime Division and Philippine National Police (PNP) Cybercrime Group.
Any victim can file a report against cybercrimes. If possible, this should be done personally.
Of course, the victim should gather evidence of cyberbullying and harassment. This will be the basis of any case that will be filed. Screenshots and “receipts” can help prove this case. These pieces of evidence should be submitted to the authorized government agency. You will then be asked to make a formal complaint. This is through the submission of an affidavit describing the cybercrime committed against you.
The government agency is tasked to gather evidence and to do investigations.
According to RA 10175, any person found guilty of committing the unlawful or prohibited acts of libel, as defined in Article 355 of the Revised Penal Code (RPC), may be punished with prision correccional in its maximum period to prision mayor in its minimum period or a fine ranging from P6,000 up to the maximum amount determined by the court.
The RPC defines libel as a “public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”
But it should be noted that this provision only applies to the original author of the post online.
Everyone is entitled to their own opinion. However, this right is not absolute. This has limitations.
At the end of the day, it is best to dedicate the click of our mouse to intellectual discourse and refrain from post-shaming discussions.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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