ISSUES IN INTERNET

BY: MICHAEL M. MERCOLITA

INTERNET
ISSUE
5 CURRENT ISSUES OF
INTERNET
CYBER-BULLYING
SUMMARY OF CYBER-BULLYING IN THE
PHILIPPINES
CYBER-RACISM
MEMES IN FACEBOOK
CYBER-SEXISM/ HARASSMENT
 REPUBLIC ACT 9262
Anti-Violence Against Women and Their
Children Act of 2004
CYBER-HOMOPHOBIA
 THE ANTI-BULLYING ACT OF 2013 (RA 10627)

This law finds applicability in school-related bullying incidents which cover those
uttered on social media platforms. “Bullying” under this law refers to 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; infringing on the rights of another student at
school; or materially or substantially disrupting the education process. (Sec. 2, RA 10627) When
done through the use of the Internet, the law categorizes the same as “cyber-bullying.” (Sec. 2-D,
RA 10627) This covers social bullying aiming to belittle another individual or group or gender-
based bullying which humiliates another on the basis of perceived or actual sexual orientation
and gender identity. (Sec. 3, B-1, RA 10627, Implementing Rules). However, this law only
addresses student-student bullying. Hence, a teacher who belittles a student in Facebook or any
other social media account, on account of grades or class performance, social standing or
gender may not be held liable under this law.
 THE CIVIL CODE ON DAMAGES

One who is aggrieved by a defamatory post in social media may nonetheless 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 post 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)

The recent popular posts in Facebook featuring over-weight people who are victims of body-
shaming may rely on the Civil Code for an action for damages.
 THE REVISED PENAL CODE AND THE CYBERCRIME
PREVENTION ACT
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 the Revised Penal Code. (Art. 353, RPC) These acts, when done in
social media, will be punished more severely in addition to the civil action for damages which may be brought by the offended
party. (Sec. 4 (c-4), RA 10175)

Cyberlibel holds liable only the original author of the post (Sec. 5 (3), Implementing Rules of RA 10175) hence, if you are one of
those who are fond of liking or reacting to a post of this character, cyberlibel is not the crime for you.

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 Honor 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 in social media.
 THE LABOR CODE ON JUST CAUSES FOR TERMINATION
An employee who spreads rumors or intrigues against a coworker 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 his
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)

However, all the laws mentioned will only be a valid cause of action to one who is the subject of the post and who is aware
of the post directed to him. Those who simply react and call foul because a post imputes to another an act which tarnishes one’s
reputation without them being the subject of the same has no remedy under any of our present laws.

Social media is a powerful tool. It is always best to set a limit on which issues to react to or which people direct a post to.

While freedom of speech is well-enshrined in our Constitution, 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 rather
than risk being held liable under our present laws. After all, the power of our minds should be mightier than any sword there is.
THANK YOU 