Below is a comprehensive discussion of cyberbullying laws related to discriminatory remarks in the Philippines, from the constitutional framework down to more specific statutes and policies. Please note that this information is provided for general educational purposes and does not constitute legal advice.

1. Introduction

The rapid expansion of internet use in the Philippines has opened channels for greater communication and free expression but also for bullying and harassment. When cyberbullying intersects with discriminatory speech—such as remarks targeting a person’s race, religion, ethnicity, gender, sexual orientation, or disability—several Philippine laws and regulations come into play to provide protection and possible remedies. Understanding these laws is crucial for both potential victims and the wider public to ensure that online discourse remains respectful and free from harmful prejudice.

2. Constitutional Context

2.1. Bill of Rights

Article III of the 1987 Philippine Constitution enshrines the Bill of Rights, guaranteeing fundamental liberties such as:

Freedom of Speech and Expression (Section 4)
The Constitution protects free speech, but this right is not absolute. Speech that violates the rights of others, including reputation, privacy, or dignity, can be regulated.
Equal Protection Clause (Section 1)
This provision guarantees equal protection under the law. Discriminatory acts—whether occurring offline or online—can be construed as violations of this constitutional principle.

While the constitutional right to free expression is robust, it must be balanced against the state’s interest in protecting citizens from harm, including harm caused by hate speech or harassment that rises to the level of bullying or incitement to violence.

3. Relevant Legislation

3.1. Cybercrime Prevention Act of 2012 (Republic Act No. 10175)

Overview
RA 10175 criminalizes a range of online activities, including illegal access, data interference, and cybersex. Notably, it also includes cyber libel and other forms of online harassment.
Cyber Libel
- Definition: A public and malicious imputation of a crime, vice, or defect, real or imaginary, which tends to cause the dishonor, discredit, or contempt of a person, done through an online platform.
- Application to Discriminatory Remarks: If racist, sexist, homophobic, or otherwise discriminatory statements damage another’s reputation, the victim can file a cyber libel case. The penalties for cyber libel are generally heavier than traditional libel under the Revised Penal Code.
Identity Theft and Unlawful Use of Personal Data
Discriminatory remarks are sometimes accompanied by doxing or unauthorized sharing of personal information. RA 10175 also covers crimes such as illegal access and identity theft that may accompany acts of bullying.

3.2. Anti-Bullying Act of 2013 (Republic Act No. 10627)

Scope
- Applies primarily to elementary and secondary schools in the Philippines.
- School authorities are mandated to adopt policies to address bullying, including cyberbullying.
Cyberbullying under RA 10627
- Definition: Bullying done through the use of technology or any electronic means, typically manifesting as repeated harassment, threats, or humiliation of a student.
- Application to Discriminatory Remarks: If bullying targets a student’s personal characteristics (e.g., race, religion, sexual orientation), it can trigger disciplinary proceedings within the school. While RA 10627 lacks direct criminal penalties, it compels schools to handle such incidents seriously (e.g., suspension, expulsion, or referral to guidance services).

3.3. Safe Spaces Act (Republic Act No. 11313), also known as the “Bawal Bastos” Law

Scope
- Prohibits gender-based sexual harassment in streets, public spaces, online spaces, and workplaces.
- It extends protection not only to women but also to persons of diverse sexual orientation, gender identity, and expression (SOGIE).
Online Gender-Based Harassment
- Definition: Refers to acts that use information and communications technology to terrorize, harass, intimidate, mock, shame, or humiliate victims, based on their gender, sexual orientation, or gender identity.
- Offenses: Includes the distribution of physical, psychological, and emotional threats, as well as unwanted sexual remarks and comments online.
- Penalty: Depending on the severity of the offense, violators can face fines and imprisonment.

3.4. Revised Penal Code (RPC) – Libel and Slander

Under the RPC, libel (Article 353) and slander (Article 358) cover defamatory remarks or statements. While these articles focus on traditional written or spoken forms of defamation, they can still be invoked alongside or alternatively to cybercrime laws if the speech in question is deemed defamatory and not covered by RA 10175’s cyber-specific provisions. Discriminatory remarks that injure one’s reputation may fall under these defamation statutes.

3.5. Proposed Legislation on Anti-Discrimination

Several bills have been filed in Congress to broaden protections against discrimination, including the proposed SOGIE Equality Bill. While these measures are not yet fully enacted into law, they signify growing legislative interest in expanding protections against discrimination in various domains, including online spaces. If passed, such laws could provide clearer coverage for discriminatory statements that rise to the level of harassment or incitement to harm.

4. Key Elements of Cyberbullying and Discriminatory Remarks

Intent
- Bullying typically involves an element of malice or repeated intimidation. Discriminatory remarks, when laced with slurs or hate speech, demonstrate intent to demean or marginalize based on identity.
Public Element
- Cyberbullying often occurs in public online spaces (e.g., social media comment sections, public forums). The public nature of remarks can elevate the harm and heighten the legal consequences, particularly in libel cases.
Repeated Behavior vs. Single Incident
- Bullying is often characterized by repeated behavior. However, a single discriminatory remark—if severe enough—may be actionable under laws like cyber libel or the Safe Spaces Act.
Victim’s Status
- Whether the target is a minor, a student, or a member of a protected group (e.g., women, LGBTQ+ individuals) can determine which law applies and what remedies are available.

5. Enforcement and Remedies

Criminal Complaints
- Victims can file a complaint before the local prosecutor’s office or Philippine National Police (PNP) Cybercrime Division.
- Once a probable cause is found, the case is elevated to the courts, which decide on penalties.
School Sanctions
- Under RA 10627, schools have an obligation to discipline students who engage in bullying (including cyberbullying).
- Sanctions range from suspension to expulsion, depending on the severity of the behavior.
Civil Action for Damages
- Victims can seek compensation for damages (e.g., moral damages, nominal damages) resulting from defamatory or discriminatory statements.
Administrative Remedies
- Government agencies like the Commission on Human Rights (CHR) or the National Commission on Indigenous Peoples (NCIP) can look into complaints involving discrimination against protected groups.
Safe Spaces Act Penalties
- For online gender-based harassment, violators face fines and imprisonment. Employers or schools that fail to act on reported incidents may also face administrative sanctions.

6. Balancing Free Speech and Protection from Harm

Although the Philippines strongly values freedom of speech, courts and lawmakers recognize that speech that constitutes direct threats, incitement to violence, or defamation—and particularly when that speech is motivated by prejudice—can and should be regulated. In examining whether an online statement is protected speech or a punishable act, courts consider:

Nature and Context of the remark (e.g., was it a harmless opinion or a malicious attack?).
Intent to Harm or Discriminate (e.g., was there deliberate use of slurs to demean a protected characteristic?).
Direct Harm Caused (e.g., did it destroy a person’s reputation, induce fear, or incite others to do harm?).

7. Practical Tips for Individuals and Institutions

Maintain Digital Evidence
- Screenshots, links, and recordings of messages or posts are crucial when filing a complaint.
Report Offensive Content
- Social media platforms typically allow users to flag and report abusive or hateful content. This can be a first step in curbing its spread.
Seek Legal Counsel
- Consultation with a lawyer experienced in cybercrime or human rights law can help determine the best legal remedy.
Educate and Prevent
- Schools and workplaces should conduct awareness campaigns about the legal consequences of cyberbullying and discriminatory remarks.
Privacy Settings
- Personal vigilance in using strict privacy settings can help prevent potential bullies from accessing personal information.

8. Conclusion

Cyberbullying involving discriminatory remarks in the Philippines is addressed through multiple legal instruments, each providing different pathways for protection, accountability, and redress. The Cybercrime Prevention Act of 2012, the Anti-Bullying Act of 2013, and the Safe Spaces Act collectively form the country’s most direct legal shield against online harassment and discrimination. While the balance between safeguarding free speech and penalizing harmful behavior is delicate, the rising recognition of the damaging effects of hate speech and bullying online suggests ongoing efforts to strengthen and clarify protective legislation.

Ultimately, preventing and combating cyberbullying and discriminatory remarks is a shared responsibility among lawmakers, law enforcers, educational institutions, online platforms, and individual internet users. By understanding the laws at play and taking proactive steps to protect ourselves and others, Filipinos can foster a safer, more respectful digital environment.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific concerns and legal strategies, consulting a qualified lawyer is highly recommended.