Column: ABOVE THE LAW

By: ATTY. AYIN DREAM D. APLASCA

The Bully

Nowadays, it is very easy for netizens to hide their faces behind social media
accounts. It is also easier for them to respond on 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 about 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 in social media.

We see that even done behind the social media platform, aggrieved individuals
may have legal remedies under our present laws. Here are some details on how to avail
this remedy as provided under the Cybercrime Prevention Act of 2012 or officially
known as RA 10175.

The said 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 Art. 355 of the Revised Penal Code (RPC) may be
punished with prision correccional in its maximum period to prision mayor in its
minimum period of a fine ranging from P6, 000. 00 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.