Dear Attorney,
I need your advice. Recently, my husband received threatening messages through posts on Facebook. I am concerned about his safety. Can we file a legal case, and if so, what specific case can we file against the person responsible for these threats?
Sincerely,
Concerned Spouse
Insights
In the Philippines, making threats via social media platforms like Facebook may fall under certain criminal offenses, depending on the content and severity of the threat. One key law that governs this is Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012. This law includes a provision against cyber libel, but it also covers other forms of online criminal activities, including threats, cyber harassment, and illegal online activities.
Cybercrime Prevention Act of 2012: Threats and Harassment
Under Section 6 of Republic Act No. 10175, any offense punishable under the Revised Penal Code (RPC) of the Philippines, if committed using information and communication technologies such as Facebook or any other social media, may be subject to a higher penalty. This includes threats made through online platforms.
Grave Threats and Light Threats under the Revised Penal Code
Articles 282 and 283 of the Revised Penal Code define grave threats and light threats. A grave threat involves a person threatening another with the infliction of a crime amounting to great harm or death. If these threats are made via social media, they could be prosecuted with penalties that are higher due to the cybercrime element.
For light threats, it may involve less serious consequences but is still punishable under the same provisions. Whether the threat is considered grave or light will depend on the language used and the context in which it was delivered.
Anti-Bullying and Harassment
While the Cybercrime Prevention Act and the Revised Penal Code address cyber threats, the Anti-Bullying Act (Republic Act No. 10627) may also provide additional protection, particularly if the threats are related to bullying in a personal or domestic relationship. This law ensures protection against any form of harassment, including threats, that may cause emotional or physical harm.
Filing a Case
To initiate legal action, the concerned party may file a criminal complaint with the National Bureau of Investigation (NBI) Cybercrime Division or the Philippine National Police Anti-Cybercrime Group. It’s essential to gather evidence of the online threats, such as screenshots, URLs, and witness statements.
In summary, a person who is subjected to threats on social media platforms in the Philippines has several legal remedies under both the Revised Penal Code and the Cybercrime Prevention Act.