In today’s world where technologies are all over the place, lots of challenges have arisen. No doubt, technology has tons of benefits. It facilitates things to make work easier.
However, it also has negative impacts on individuals or even in their lives. One of which is the birth of cyberbullying.
To be precise, cyberbullying refers to the misuse of technology and information with the intention to harass others and dampen one’s spirit that may lead to one’s destruction.
Moreover, cyberbullying comes in different methods. It is hacking someone’s profiles, posing or pretending to be someone else which is sometimes called identity theft.
This also includes posting negative or hate comments about somebody or disperse untrue stories that lead to self-destruction or a particular person’s destruction.
Quite unfortunate though, as everyone is gauged on the social media, it’s easier for anyone to misuse the wide range access of technologies.
To put it simply, cyberbullying has become very common and rampant nowadays. These may be actions to deploy, annoy and insult any person.
These unlikely actions are seriously damaging and can affect anyone easily and negatively. These most of the time happened on social media platforms, public mediums, and other online websites.
A cyberbully is not necessarily a stranger; worse, it may also be someone you know. Consequently, this is a real sense of danger.
Facts about Cyberbullying
In this technological age, where people do have freedom to voice their opinions on the social media, flinging and getting cyber-attacks becomes present on a daily basis.
The attackers can shield themselves under the cloak of aliases, grabbed images, impersonating others, and other similar modes. These may seem the bane of the internet age. Other acts, unfortunately, are criminal in nature.
Cyberbullying on Social Media
Since it is just very easy for people, or the so-called netizens, to hide their identity or their faces behind social media accounts, it has also become easier for most to respond to ample issues or people with discourteous and intimidating words.
1] In the Philippines alone, most people that have access online do experience cyberbullying and online nuisance every day. The country, among others, has been ranking among those which have lots of cyberbullying online. Accordingly, it shows that online bullying has become a problem or an issue.
Cyberbullying Affecting School-Age Kids
Cyberbullying can possibly affect not only children in their school-age but also to any discrete person who has access to a smartphone, digitals or the internet.
Cyberbullying, as an act, is brutality committed using the internet or any form of digital media or technology that has the effect of disrobing one’s dignity or causing judicious fear, physical or emotive harm.
Cyberbullying, likewise, considers repetitive sending of invasive, insolent and offensive message, demeaning information about the victim as forms of cyberbullying
Posting or sending of unwanted photos of the victim, whether digitally transformed or not or were taken with or without permission are also cyberbullying acts, as long as it has the mere intent to degrade and humiliate the victim.
In this regard, the Department of Education of the Philippine State defined Cyberbullying as:
“any conduct defined in the preceding paragraph, as resulting in harassment, intimidation, or humiliation, through electronic means or other technology, such as, but not limited to texting, email, instant messaging, chatting, internet, social networking websites or other platforms or formats.”1
The term “preceding paragraph” means:
“an act or a series of acts directed towards another student, or a series of single acts directed towards several students in a school setting or a place of learning, which results in physical and mental abuse, harassment, intimidation, or humiliation.”2
How to Stop Cyberbullying | Filing the Necessary Report or Complaint
The Department of Justice (DOJ) Cybercrime Division, National Bureau of Investigation (NBI) Cybercrime Division and Philippine National Police (PNP) Cybercrime Group accept and handle kinds cybercrime most especially cyberbullying cases.
When experiencing online harassment or cyberbullying, or any cybercrime act, the complainant or the victim himself or herself can report the same, by filing a complaint before the State’s Department of Justice [DOJ].
The filing can also be done by the victim’s representative, duly authorized for that purpose. Nonetheless, the DOJ prefers that the filing of the complaint or the latter itself be prepared and done by the victim herself or himself.
To file a report, the complainant, the victim, or the victim’s representative has to gather evidence to establish the facts of cyberbullying, harassment, or any cybercrime acts serving as the basis of the case that will be eventually instituted.
So, the collection of screenshots and “receipts” will help prove the harassment or the act of bullying.
In the same manner, instead of directly going to the DOJ, the victim or the representative may opt to first go to the NBI or PNP.
They can file their complaint before those government law enforcement offices.
Affidavits, Proofs, and Courses of Actions
Moreover, the victim or the representative may then be asked to make a formal complaint through the submission of an affidavit which details the cybercrime acts committed against the victim.
Furthermore, according to the DOJ, normally it takes about a week for the division to validate the initial evidence that has been gathered.
Subsequently which, the case will be designated to a particular investigator. The surveillance and the gathering of supplementary evidence may come next.
Warrants of Arrest and/or Search Warrants
Additionally, if the investigators find a probable cause, they shall file the formal charges before a competent court. After assessment, the court may then, upon finding of judicial probable cause, issue a warrant of arrest against the perpetrator.
Otherwise, if the investigators deem appropriate to secure further evidence, they may apply for a search warrant3 based on the sworn statements of the complainant, to be tested through searching questions by the Judge whom the application for search warrant is filed.
Nonetheless, the rule for applying for cybercrime4 search warrants partakes of a specific proceeding for that purpose than the application for regular search warrant, as the case may be.
Online Libel, A Cybercrime, and also An Act of Cyberbullying
It must be stressed that online libel, aside from being a criminal act [cybercrime], is an act of cyberbullying or “online” bullying as others may call it. Being a criminal act, the victim has every right to file a complaint against the culprit.
Under Republic Act No. 10175,5 or the Cybercrime Prevention Act, any person found guilty of committing the unlawful or prohibited acts of libel, as defined in Revised Penal Code particularly under Article 355 of the Revised Penal Code, the perpetrator may be punished with prision correccional in its maximum period to prision mayor in its minimum period or amounting to a fine as determined by the court.
However, the provision only applies to the original author of the online libel and not to other person who just simply received the post or who shares and or who just reacted to it.
Thus, Article 355 of the Revised Penal Code defines libel as the public and malicious attribution [imputation] of a crime, that is real or imaginary, or that of any act, omission, or a circumstance that tend to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Not Being a Libelous Act, Is Cyberbullying a Crime in Itself
The Philippine State has a Statute6 that defines the specific act of “Cyberbullying”.7 However, the environment for which this crime may be committed is in a school setting. In addition, “cyberbullying” in this law is only one aspect of the main act of “Bullying”.
In addition, not being a libel per se, the cyberbullying under this law is not a criminal offense. It does not even include workplace environment where a cyberbullying within the meaning of the statute may be committed.
“Bullying”8 refers to any severe and 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 for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following:
1] Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons;
2] Any act that causes damage to a victim’s psyche and/or emotional wellbeing;
3] Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks, clothes and body; and
4] Cyber-bullying or any bullying done through the use of technology or any electronic means.”
As to Limitation:
1] The Anti Bullying Act is not a penal statute. It does not provide for any criminal liability for the acts covered under the law.
2] The Anti Bullying Act limits the definition of bullying, whether cyber-bullying or any other form of bullying, to those committed by students against each other, and it only covers students up to high school. Cyber-bullying, as mentioned, does not apply to acts of bullying in the workplace.
Republic Act 9995 | Anti-Voyeurism Law
This is one of the forerunner laws, Anti-Photo and Video Voyeurism Act of 2009,9 that seeks to address the violation of intimate privacy of an individual, especially the women.
Nowadays, threatening to post or circulate intimate photos or videos of a person or couple through the internet for the purpose of revenge, extorting money, or other forms of blatant coercions and other criminal act may also be regarded as a form of cyberbullying, which the law steps in to punish.
The statute defines and penalizes the following acts, which are:
“To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy;10
“To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration;11
“To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or12
“To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device.13
“The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein.”14
What are the causes and effect of cyberbullying?
Possible Causes
The causes of cyberbullying, maybe due to lack of empathy. The world of technology empowers people to detach themselves from a state of affairs even while they are in it.
Cyberbullies cannot see the agony they cause and thus they cannot visualize the disorder they put their victims through.
Moreover, many cyberbullies who were dejected and interrogated after the act or commission may have an unusual positive impact on them. Their online atrocities made them feel strong and controlling and even the feel of power.
To add, it may also be the cause where the perpetrator feels that the victim deserves such bullying.
When it comes to school children bullying others, it is often rooted in perceptions of a status.
Insecurities and self-doubt are one of the factors in bullying, and students often try to put their peers down for them to feel superior. This is also applicable for adults as well.
Additionally, it may be due to boredom. There’s no denial that cyberbullies get a kind of thrilling as to targeting others in the social media. Worst is that, it may become of an addiction. Thus:
1] It’s already common and existing that most of the people may sometimes be part of a Facebook or Twitter feud that would purely indicate and manifest the fact that it’s now very easy to bully and get bullied.
2] These high technology platforms make it difficult to just disregard the messages. Hence, it’s just easy to reply back or to just re-read the messages and be anxious with it.
Moreover, it may be also due to parental supervision wherein the parents tend to be so busy to the extent that they are no longer aware as to the activities of their children. They fail to monitor them
Consequential Effects
On the other hand, the effects that cyberbullying can have on young people, or anyone that is being a cyberbullying victim, are of course purely negative.
To mention a few, these are the depression which affects the mental health, low self-esteem that would lead to being timid and bashful, embarrassment that sometimes, victim would lead to a no show, low grades that would lead to victim’s failure and the worst case is the commission of suicide or the suicidal act.
Final thoughts
Cyberbullying is a serious issue. However, the intention of this brazen action is one and the same and these are to hurt people, to harass, bring them harm, and to discredit or defame the victims.
Cyberbullying shouldn’t be taken for granted. It needs a serious attention because it has a lot of risky effects on the victim. The Government has to be strict as to the implementation of the laws that address this situation.
Moreover, this cyberbullying disturbs the peace of the mind of an individual. In today’s world, many people are now experiencing depression and serious mental health situation right after being cyberbullied.
In effect, they probably indulge in the so-called self-harm and may commit suicide. All the harmful, unnecessary, and painful comments made about these victims make them feel less and inferior.
Probably, they will, or may, also experience trust issues.
Furthermore, cyberbullying also results in a lot of lack of self-confidence that would lead to one’s deprivation of success. Thus, the victim that suffers due to such act of cyberbullying worry and lose their inner peace or the peace of mind.
Other than that, cyberbullying also stains the reputation of a person with the false rumors spread about them. In fact, everything that is on social media spreads as fast a cheetah. Hence, one false rumor destroys people’s lives.
Since the Anti-bullying Act of 2013 covers only students and minors, the adult victims may also seek legal remedy from the provisions of the Cybercrime Law (RA 10175) as discussed earlier.
Accordingly, some provisions that may help the adult victims are the online libel, the identity theft, sharing of nude or unlikely images and videos (R . A. No. 9995).
To conclude, adults and parents or guardians whose children might become a victim of cyberbullying, it is recommended that they should find time to read and the provisions under the bullying and cybercrime law.
No to cyberbullying.
- Department Order No. 40, Series of 2012[↩]
- Ibid.[↩]
- Rule 126, Rule of Criminal Procedure[↩]
- Rule on Cybercrime Warrants[↩]
- Cybercrime Law[↩]
- Republic Act No. 10627, An Act Requiring All Elementary and Secondary Schools to Adopt Policies to Prevent and Address the Acts of Bullying in Their Institutions[↩]
- Section 2[d], Ibid.[↩]
- Section 2, Ibid.[↩]
- Republic Act No. 9995[↩]
- Section 4 [a], Ibid[↩]
- Section 4 [b], Ibid[↩]
- Section 4 [c], Ibid.[↩]
- Section 4 [d], Ibid.[↩]
- Section 4 par. 2, Ibid.[↩]
It's been 4 months that my daughter been bullied by many fake accounts. And there's a photo of her with half naked circulating. So we decided to reach for the authorities. But they adviced my daughter just to block those accounts. Blocking doesn't help anything. Her reputation as a 14 years old is damaged. How about mental health? This law doesn't help bullied people especially minors.