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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

How Would You Know You Are Committing Cyber-Bullying Via Social Media?

It seems so easy to pick on someone via social media because of the freedom to remain anonymous. Cyber-bullying has been plaguing people because of the damage it causes that are sometimes beyond repair. There are quite a few examples of cyber-bullying taken to extremes. Just recently, A woman was doing the rounds on the Internet because of ranting about a man whom he perceived to be "ungentleman" for failing to offer a seat during an MRT ride. Her comments went a little too personal that it earned the ire of netizens. Cyber-bullying did not end with just an exchange of derogatory remarks because the ones who criticized the woman were also doing the same thing.

What acts considered as cyber-bullying?

"a) Repeatedly sending offensive, rude and insulting message;

b) Distributing derogatory information about the victim;

c) Posting or sending offensive photos of the victim, whether these are digitally altered or not, or were taken with or without consent, with the intention to humiliate and embarrass the victim;

d) Breaking into an email, social networking or any electronic account and using the victim’s virtual identity to send, upload or distribute embarrassing materials to or about others;

e) Sharing the victim’s personal information or any embarrassing information, or tricking the victim into revealing personal or embarrassing information and sharing it to others; and

f) Repeatedly sending messages that include threats of harm or engaging in online activities that cause fear on the victim’s safety."

What to do about cyber-bullying?

1. Take a screenshot of the hateful messages and save it.
2. Be sure to inform your loved ones about the attacks you receive.
3. Inform the authorities about the attacks.
4. If the bully uses social accounts, report the account being used.
5. Change your mobile number if these are also being used for the attacks.
6. Deactivate your account and try to avoid going online for a time being. Online aggression from the bully can be monitored by your friends or family.
7. Seek professional counseling.
8. Seek police help.

Things may not always go your way, but this does not mean that you should use social media as an avenue for expressions. Be sure to think twice before posting anything to social media because not everyone understands. Remember that photos speak volumes and anyone can be a storyteller. Everyone can have a bad day, but instead of using Facebook and other social accounts to vent out, talk to your friends and loved ones. It saves you from bullying and being bullied plus you get advice from real people.

Strange Laws You Never Knew Existed: Part 3 Of 15 Cybercrime Prevention Act

The modern technology provides us a much easier way to rave and rant or so we thought. While turmoil and discontentment can be expressed in more ways than one, taking everything to social media may not be a good idea due to the existence of cybercrime prevention law or the Republic Act No. 10175. 

Social networking sites are now the modern avenue for expressions. Views and opinions can spread like wild fire, thanks to the ‘share’ button of an immensely popular social networking site. However, you may need to think before you click because there are corresponding penalties for people who break rules and cross lines. 

The penalties are outlined in Article 355 of the Revised Penal Code. This is quite interesting because the provision has been ruled out since the Spanish era. While critics were apprehensive about the degree of penalty, the government officials rejoiced. Need I say more?

Let’s have a look at what the Cybercrime Prevention Act of 2012 is all about.

As highlighted in Sec. 4 of the Republic Act No. 10175, the following acts are considered punishable:

a. Offenses made against the integrity, availability and confidentiality of computer systems and data:

• Data Interference: When a person deletes or damages computer data, or electronic data message, without permission including transmission or introduction of viruses, he or she is guilty of committing data interference. Reckless alteration and deterioration of computer data also fall under this category.

• Illegal Access: An unauthorized access to the whole or any part of a computer system.

• Illegal Interception: If an interception is made without right of any non-public transmission of computer data to, from, or within a computer system, a person commits illegal interception. 

• Misuse of Devices: A person violates the law if devices are sold, distributed, imported or made available without right. These devices include computer program, access code and computer password.

• System Interference: Any intentional alteration or reckless interference or hindering with the functioning of a computer network or a computer by damaging, inputting, deleting, deteriorating or altering computer program or data are considered system interference. This also includes transmission or introduction of viruses.

• Cyber-squatting: If a domain name is acquired over the internet to mislead, profit, deprive others from registering the same domain name and destroying reputation, the crime of cyber-squatting is committed. Some examples include identical or existing trademark, the name is similar or identical with a person other than the registrant and domain name acquired without permission or right. 

b. Computer-related Offenses:

• Computer-related forgery: This includes deletion, input or alteration of any computer data without permission resulting in inauthentic data with the intent of making them available for legal purposes as if it were authentic. Dishonest and fraudulent designs are also considered computer-related forgery.

• Computer-related fraud: This crime refers to the unauthorized alteration, deletion or input of computer program or data which cause interference in the functioning of a computer system  or damage.

• Computer-related identity theft: If a person intentionally acquire, transfer, use, misuse, alter, possess or delete identifying information belonging to another, whether judicial or natural without permission or right, he or she commits the crime.

c. Content-related Offenses

• Cybersex: The control, operation, maintenance or willful engagement directly or indirectly of any lascivious exhibition of sexual activity or sexual organs with the help of a computer system in exchange of consideration or favor.

• Child Pornography: The prohibited or unlawful acts, which are also punishable by RA No. 9775 or also known as the Anti-Child Pornography Act of 2009, committed with the use of a computer system.

• Unsolicited Commercial Communications: The offense refers to transmission of commercial electronic communication using a computer system, which seek to sell, advertise or offer for sale services and products without consent.

• Libel: As defined in Article 355 of the Revised Penal Code, libel can be committed through a computer system or any other similar means. 

The Cybercrime Law has a broad scope and the hopes are still high that it will soon be abolished. While this law is still at work, make sure you don’t commit any of these offenses.

An Overview Of Republic Act No. 10627 Anti-Bullying Act

With the pervasiveness of bullying at schools, more and more parents are concerned about their children’s safety since teachers are not always present to keep an eye on students. Children are not safe from harm against bullies especially when they are outside of the school’s premise. The growing number of bullying cases is already a cause for alarm. The Republic Act No. 10627 or also known as the Anti Bullying Act of 2013 addresses this concern among parents, teachers and even students who are considered victims of bullying. The anti-bullying act ensures that these cases will no longer fall on deaf ears. 

What is bullying?

Bullying refers to any repeated or severe use by one or more students of a verbal, electronic or written expression, or a physical gesture or act that can bring physical or emotional harm to the victim. Bullying is also perceived as creating an unfriendly environment for the other student that can cause disruption in the education process. 

The following is considered acts of bullying: 

a. Any unwanted physical contact between the victim and the bully such as pushing, shoving punching, tickling, headlocks, slapping, teasing, fighting, inflicting school pranks and the use of available objects or weapons;

b. Any act that can create damage to a victim’s emotional well-being;

c. Any accusation that can make the victim emotionally distressed such as profanity, foul language, negative comments or derogatory remarks on the victim’s appearance, body and clothes; and 

d. Cyber-bullying or any type of bullying that is initiated with the use of technology or any electronic means. 

Procedures and strategies for bullying:

• Report acts of bullying;

• Respond in a timely manner and investigate reports of bullying;

• Ensure victim’s safety and assess if they need additional protection;

• Provide counseling and other necessary services for the victims, perpetrators and family members.

• Allow students to anonymously report bullying provided, that no disciplinary administrative action will be taken against the reported student based       solely on the anonymous report;

• Provide sanction to a student who makes false accusation of bullying;

• Educate students on the anti-bullying policies and dynamics of bullying;

• Educate parents and guardians about the anti-bullying polices, dynamics of bullying and how parents and guardians can provide support and reinforce policies at home; and

• Keep a public record of statistics and relevant information on acts of bullying. However, the names of the students who were reported to have committed the acts of bullying must be treated with confidentiality and will only be made available to the teachers and school administration that are directly responsible for the said students and parents or guardians of the victims of bullying.

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