Cyberbullying and Social Media Awareness Campaigns: Legal Considerations in the Philippines

Query: Is it cyberbullying if we posted the person on a social media platform for awareness?

Understanding Cyberbullying

Cyberbullying involves using digital technology to harass, threaten, or harm others. In the Philippines, cyberbullying is recognized as a serious issue and is addressed by several laws, including the Anti-Bullying Act of 2013 (Republic Act No. 10627) and the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

Legal Definition of Cyberbullying

Under the Anti-Bullying Act of 2013, bullying includes any severe or repeated use by one or more students of a written, verbal, or electronic expression, or a physical act or gesture, that causes physical or emotional harm to another student. Cyberbullying specifically refers to bullying using technology or any electronic means.

The Cybercrime Prevention Act of 2012 expands on this by criminalizing cyberbullying and other forms of online harassment. Section 4(c)(4) of the law defines cyber libel, which can encompass cyberbullying if defamatory statements are made online.

Posting on Social Media for Awareness

When posting about a person on social media for awareness, the context and intent behind the post are crucial factors in determining whether it constitutes cyberbullying. Awareness campaigns can sometimes be misconstrued as cyberbullying if they involve the following:

1. Malicious Intent: If the post is intended to harm the person's reputation, it could be considered cyberbullying or cyber libel.
2. False Information: Sharing false or misleading information about the person can lead to defamation charges.
3. Harassment: Persistent or repeated negative posts about a person can be deemed harassment.

Legal Implications

1. Defamation (Libel): If the post contains false statements that harm the person's reputation, it could be subject to libel charges under the Revised Penal Code and the Cybercrime Prevention Act. The elements of libel include imputation of a discreditable act, publication, identification of the victim, and malice.

2. Violation of Privacy: Posting personal information without consent can violate privacy rights under Republic Act No. 10173, known as the Data Privacy Act of 2012.

3. Harassment and Bullying: Persistent negative posts, even if factual, can be construed as harassment or cyberbullying, especially if they are intended to cause emotional distress.

Defenses Against Cyberbullying Claims

Several defenses can be employed if accused of cyberbullying:

1. Truth: If the information shared is true and shared in good faith for public interest, it may not constitute defamation.
2. Public Interest: Posts made in the public interest, especially those intended for genuine awareness or protection of others, can be a defense if done without malice.
3. Lack of Malice: Proving that the posts were made without malicious intent can help defend against cyberbullying accusations.

Conclusion

Posting about a person on social media for awareness purposes must be done with caution in the Philippines. Ensuring that the information is accurate, presented without malice, and serves a genuine public interest can help mitigate the risk of cyberbullying or defamation charges. Individuals should always consider the potential legal implications and ethical considerations before sharing information about others online.