Amicus Curiae
By Patricia Therese C. Mirador
Safe spaces in the digital world
Global research by Plan International published on Oct. 16, 2020 revealed an alarming rate of 68% of girls and young women experiencing online harassment, while 79% received threats of sexual violence on social media. The same research defined online harassment and violence to include “threats of sexual violence, sexual harassment, threats of physical violence, anti-LGBTIQ+ comments, racist comments, body-shaming, purposeful embarrassment, stalking, and abusive and insulting language.”
This kind of violence and abuse should not be overlooked, especially not when there are laws that seek to punish this very kind of behavior.
For instance, a person who threatens a woman with rape on social media may be prosecuted under the Cybercrime Prevention Act for using the information and communications technology, such as the internet, to commit a crime punishable under the Revised Penal Code, specifically Grave Threats (Rep. Act No. 10175 [2012], Sec. 6). The crime of Grave Threats, which punishes a person who threatens another with the infliction of a wrong amounting to a crime (Rev. Penal Code, Art. 282), is punishable with a higher penalty if it is committed with the use of the internet.
Another example that has become all too common these days is that of posting comments that contain misogynistic remarks against a woman. The Safe Spaces Act, enacted in 2019, specifically addresses this.
The said law punishes gender-based online sexual harassment, which includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats; unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks and comments online whether publicly or through direct and private messages; invasion of victim’s privacy through cyberstalking and incessant messaging; uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content; any unauthorized recording and sharing of any of the victim’s photos, videos, or any information online; impersonating identities of victims online or posting lies about victims to hark their reputation or filing false abuse reports to online platforms to silence victims (Rep. Act No. 11313 [2019], Sec. 12).
As a further deterrent against online sexual harassment, the offense is qualified, and thus merits a higher penalty, if the offended party is a minor, senior citizen, or a person with disability (PWD), among others (Rep. Act No. 11313 [2019], Sec. 15). A video gone viral, therefore, of a person hurling expletives against a woman already a senior citizen is punishable with a heavier penalty.
Even the act of posting lies about a fake lewd video or photo of a woman with the end in mind of harming the victim’s reputation falls squarely under the definition of gender-based online sexual harassment.
It must be noted that the Safe Spaces Act protect men, women, and members of the LGBTQI+ alike, in the same way that it punishes offenders regardless of their gender or sexual orientation. In fact, the law seeks to establish equality, security, and safety of both men and women in digital spaces, among others (Rep. Act No. 11313 [2019], Sec. 2). Thus, any locker room talk does not have a place in the digital world.
Indeed, the lack of face-to-face interactions over the internet has made it easier for people to be vile in their criticism against others, so much so that it translates to verbal violence. Legislative innovation, however, is catching up with technological evolution, as it should. The legal world is adapting towards the shift to the online world. In this regard, social media users should remember that they can be held accountable for their acts and statements made virtually. It is high time that everyone should be reminded of the adage: “Think before you click!”
This article is for informational and educational purposes only. It is not offered and does not constitute legal advice or legal opinion.
Patricia Therese C. Mirador Litigation and Dispute Resolution Department (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices or ACCRALAW.
(632) 8830-8000
