Query: How should individuals handle harassment and public shaming by online lenders on social media?

In the Philippines, the increasing incidences of harassment and public shaming by online lending companies through social media platforms raise significant legal and ethical concerns. This type of behavior from lenders typically involves threatening debtors, or worse, publicly shaming them by posting their personal information online, which can include contact details, photos, or other sensitive data. Such actions by lenders are not only unethical but are also illegal under Philippine law.

The National Privacy Commission (NPC) has actively addressed these concerns. Under the Data Privacy Act of 2012, it is unlawful for any entity to process personal information without the consent of the data subject, except for some specific legal or contractual reasons. The act of publicly shaming debtors, using their personal data, clearly violates this law. The NPC has issued cease and desist orders against several online lending operators who have engaged in these practices.

Moreover, under Republic Act No. 10175, also known as the Cybercrime Prevention Act, online harassment and libel are punishable offenses. Posting defamatory statements or sensitive personal information on social media platforms can be deemed libelous and those responsible can be prosecuted.

For individuals experiencing harassment from online lenders, here are several steps you can take:

Document all communications from the lender that can be deemed threatening or inappropriate. This includes saving texts, emails, or any social media posts.
Report the lender to the National Privacy Commission if there is misuse of personal information.
File a complaint with the Securities and Exchange Commission (SEC) if the online lender is operating without proper authorization.
Seek legal advice to explore further actions that can be taken against the lender for harassment or defamation.

It is also important for borrowers to understand their rights and responsibilities. They should try to negotiate with lenders or seek the help of legal aid if they are unable to meet payment obligations. Knowing and asserting one's rights can be a powerful deterrent against unlawful collection practices.

In summary, while online lending provides a convenient alternative for financial borrowing, it is crucial that both lenders and borrowers act in accordance with the law and treat each other with respect and dignity. Harassment or public shaming, especially when carried out through social media, is not an acceptable collection practice and is subject to legal penalty.