Anti-online Hate and Harassment Act

Senate Office of the Sorcertary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 NOV -3 P2:39 First Regular Session SENATE S. No. 1474 Introduced by Senator JV Ejercito AN ACT ENHANCING PROTECTION AGAINST ONLINE HATE, ONLINE HARASSMENT, AND CYBERLIBEL, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE "Your right ends, when the rights of others begin." Our fundamental right to speech does not excuse us from circulating harmful and malicious threats against individuals online. In today's digital age, social media has become an integral part of our daily lives. It is a social platform where we connect with our loved ones, keep in touch with our communities, and express ourselves to the world out there. Over the years, people have built livelihoods, relationships, education, and careers in the comfort of their homes. Social media is more than mere interaction; it fosters connection. Yet, these spaces have propagated areas of disconnect where we often forget that the characters in our screens, before they stream live or hit upload, are humans first. In these spaces, the very exchange of knowledge and opinions stems from the right to information and speech - rights that have long protected our upbringings as

a democratic country. However, the costs of such liberties are the words that cannot be taken back, words that have already left wounds before being deleted. While social media serves as a platform to advocate for truth, it has also given room for ruining reputations, spreading fake news, rumors, false accusations, and violence. In reality, there are no delete or edit buttons for the ones we have hurt. Bullying, both physical and online, causes serious mental health concerns, including depression and anxiety (Baloloy et al).‹ Online hate poses risks to individuals' mental and emotional health, social reputation, self-esteem, and their overall well-being. With the primary objective to protect individuals from online harassment, this bill seeks to empower the implementation of laws that deter cyberbullying and online harassment. Current laws like the Cybercrime Prevention Act and Anti-Bullying Act are limited in scope. With this measure, the protection for our citizens is expanded by clearly defining online hate and harassment and setting penalties for such acts. The proposed legislation mandates digital platforms to monitor, remove, and report cases of online abuse. It also promotes a Victim Support and Protection program to provide psychosocial support and legal assistance for victims through the aid of the Department of Social Welfare and Development (DSWD), Department of Health (DOH), and the Department of Justice (DOJ), including penalties to those found guilty of the prohibited acts. At the onset of 2024, 73.4% of the country's population, or about 86.75 million, are social media users.? With approximately 10 hours of internet use, the online exposure of Filipinos is considered to be higher than other nations.3 This fact proves 1 "High incidence of bullying in ph public schools alarming" - EDCOM 2. (2024, June 13). https://edcom2.gov.ph/high-incidence-of-bullying-in-ph-public-schools-alarming-edcom-2/ 2 Kemp, S. (2024, February 21). Digital 2024: The philippines - datareportal - global digital insights. DataReportal. https://datareportal.com/reports/digital-2024-philippines 3 Arasa, D. (2023, July 7). The Philippines spends the highest amount of time online in Asia Pacific. INQUIRER.net. https://technology.inquirer.net/125748/philippines-highest-time-online

that it is crucial for our country to provide stronger online security and protection for online users. Let us promote accountability in digital spaces and uphold the balance between free expression and human dignity in an increasingly connected society. By fostering respect, empathy, and responsibility online, we can ensure that the internet remains a space for learning, dialogue, and empowerment-not harm, hate or cruelty. As we ensure a safer online space for our people, the immediate passage of this measure is respectfully sought. - JV EJERCITO

Senate HeRe Office of the sprectate TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session NOV -3 P2:39 SENATE RECEIVED BY: 10. S. No. 1474 Introduced by Senator JV Ejercito AN ACT ENHANCING PROTECTION AGAINST ONLINE HATE, ONLINE HARASSMENT, AND CYBERLIBEL, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Online Hate and

Harassment Act."

Sec. 2. Declaration of Policy, - It shall be the policy of the State to promote a

safe, respectful, and dignity-preserving digital space for all persons, protect individuals from acts and expressions of online hate, harassment, and defamation, and to uphold free speech within the bounds of responsible conduct.

Sec. 3. Scope. - This Act covers all acts of online hate, harassment, and

cyberlibel committed through any digital or information and communications technology (ICT) platform or device, affecting any person.

Sec. 4. Definition of Terms. - For purposes of this Act:

(a) Online Hate shall refer to expressions of hatred, violence, or discrimination against individuals or groups based on health status, disability, age, socio- economic status, political belief, race, ethnicity, religion, gender, or sexual orientation communicated through digital means.

(b) Online Harassment shall refer to actions characterized by actions such as unwanted, repeated messages, threats, insults, doxxing, or other conduct causing emotional distress through electronic communication. (c) Cyberlibe/ shall refer to the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. (d) Digital Platform shall refer to the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

Sec. 5. Protected Speech. - Any expression of speech characterized as fair

commentary, satire, criticism, including the criticism of public officials and employees, opinions, or other similar activities shall be considered protected speech and shall not be construed in violation of this Act. Provided, that speech which shall contain false statements of fact and/or defamatory assertions that can be proven false shall not qualify as protected speech.

Sec. 6. Prohibited Acts. - The following shall constitute violations punishable

under this Act: (a) Cyberlibel directed at any person; (b) Commission of online hate speech or incitement of discrimination or violence; and (c) Engaging in online harassment, including cyberstalking, threats, and non- consensual disclosure of private information.

Sec. 7. Responsibilities of Digital Platforms. - Platforms shall implement

reasonable policies and mechanisms for following: (a) Prompt removal or disabling of access to content that qualifies as cyberlibel, online hate or harassment upon a verified complaint or court order within a period of twenty- four (24) hours; (b) Prompt suspension or banning of users found engaged in content classified as prohibited under this Act; (c) Designation of trained trusted flaggers for content monitoring;

(d) Transparent reporting on removal requests and actions taken; and (e) Mechanisms for users to report abuse and seek redress. These responsibilities shall be prerequisites for any digital platform to be granted freedom to operate within the territorial jurisdiction of the Philippines. Furthermore, digital platforms are required to preserve and maintain data and records in a manner that ensures their integrity, reliability, and availability for use as evidence in any judicial, administrative, or investigatory proceeding, and subsequently transfer such data and records upon order of the Court.

Sec. 8. Victim Support and Protection. - The State shall ensure ample support

to victims such as: (a) Effective psychosocial support and counselling services with the aid of the Department of Social Welfare and Development (DSWD) and the Department of Health (DOH); and (b) Legal assistance and protection for victims of online hate and harassment through appropriate agencies, such as the facilitation of a legal counsel through the Department of Justice (DO]) and securing necessary protection orders. The DOJ shall lead efforts to coordinate digital platforms for the immediate takedown of prohibited content upon a verified complaint or court order, or the preventive suspension or banning of users engaged in acts defined under Section 6 of this Act. Any cost or expense arising from (a) or (b) as contained in this Section shall be borne by the perpetrator.

Sec. 9. Prevention and Education. - The DOJ and the Department of Information

and Communications Technology (DICT), in coordination with other relevant government bodies and stakeholders including digital platforms or internet service providers shall pursue nationwide digital literacy and education campaigns in line with the responsible use of digital platforms and in line with the purposes of this Act.

Sec. 10. Penalties. - Any person found guilty of committing the prohibited acts

classified under Section 6 (a) shall be punished in accordance with Republic Act No. 10175 or the Cybercrime Prevention Act of 2012.

Any person found guilty of committing the prohibited acts classified under

Section 6 (b) or (c) shall be punished as follows:

(a) First Infraction: A penalty of Arresto Mayor and a fine not less than Fifty- Thousand Pesos (P50,000.00) but not more than One Hundred Thousand Pesos (P100,000.00). (b) Second or Subsequent Infraction: A penalty of Prisión correcciona/ and a fine not less than One Hundred Thousand and One Pesos (P100,001.00) but not more than Two Hundred Thousand Pesos (P200,000.00). Provided, that in the case of minors or individuals below the age of eighteen (18), the abovementioned penalties shall not apply. In lieu thereof, minors shall be subjected to counselling and education on the responsible use of digital spaces, as well as any necessary psychological support, with the aid of the Juvenile Justice and Welfare Council (JJWC) and DOH in coordination with their respective parents or guardians and educational institutions. Nothing in this Section shall be construed as prohibiting the imposition of other penalties, including the assertion of civil liabilities and the recovery of damages, as provided by law.

Sec. 11. Implementation. - The Department of Justice (DO) together with the

Department of Information and Communications Technology (DICT), and in consultation with other relevant government agencies and stakeholders, shall promulgate the necessary implementing rules and regulations within 120 days after the effectivity of this Act.

Sec. 12. Separability Clause. - If any provision or part of this Act is held invalid

or unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect.

Sec. 13. Repealing Clause. - All laws, decrees, orders, rules, and regulations

inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation. Approved,