Cyber-Bullying Law in the Philippines

By

Castrillo , Leonard P.

A CASE ANALYSIS

Submitted to
the Academic Faculty
STI Bacoor, Cavite
In partial fulfillment of the requirements
for the course

Science, Technology and Society

College Faculty
2019
 I. Executive Summary

Cyber bullying a form of bullying that uses electronic media , is a globally emerging

phenomenon. The gap between the advancement of electronics devices and dearth of emperical

evidence of study between developed and under developed countries suggests that more research

is needed to understand this phenomenon . The purpose of this study was to examine cyber

bullying experience among Filipino adolescents in the Philippines. It was a one-time cross-

sectional design.

Adolescents all over the world are progressively becoming technologically savvy and digitaly

trendy , as communication through use of cellphones and other handheld devices such as iphones

, ipod and samsungs , and internet access using computers , become part of adolescents lifestyle.

This recent globalization and easy access to the internet and other technologies among

adolescents have become the focus of news reports and research. Also, recent reports on the

misuse of technologies have concerned educators , leaders , parents and lawmakers who try to

warn people about cyber danger. Bullying on the internet makes it difficult for school staff ,

parents , and students to identify who send hateful messages and from what locations they might

come. This study will both identify the extent and means of cyber bullying phenomena among

young Filipino adolescents might hopefully assist educators and administrators to more

effectively address this problem in their schools. It could help educators assess its extent as well

as its negative consequence , among which are poor attention in class , not attending school , and

low academic achievement. It could lead to more healthy communication strategies using

different communication platforms and technologies.

1
 II. Statement of the Problem

The statement of the problem is what a huge impact that cyber-bullying has had in are life and

that we need to stop it before it overwhelm our society. Cyber-bullying is at a all time high and

bullies are now threading and hacking people anonymous .Cyber-bullying is a big issues and

many people don't know how to face it on society.Cyber bullying has impact the lives of many

people through the use of social networking sites.So in total cyber bullying is a growing think

and if we don't stop it future generation can get affect.

Cyber bullying started from social networking and advancing new technologies. As soon has

children get to use the internet and are unsupervised the problem started.From them created a

social media account such as Facebook,Twitter,Instagram and the list continue of social media

outlet that kids are used to said harmful message are do harmful rings to each other.There was

this story of a girl name Phoebe Prince who was bully in person and online and the torment

wouldn't stop so she herself her.The weight of social media got to her so she decide to take her

life that what it has come to.

Things that are been done to address it is that people are spread the word about social media and

people are speak up.Some parents are taking the intuitive and get the passwords to their kids

social media account.Parents are sitting there kids down and explain to terse kids what cyber

bullying is and encourage them if they see it happen to tell them are any adults that are

around.The topic is being address that is what is being done school are holding assemble and

explain how bad cyber bullying is wrong made the bullies feel guilty.

2
We are raised awareness about the topic of cyber bullying we are created link to social media

outlet. We are trying to get are point throughout that cyberbuylling is wrong and victim get

damage from it. Are campign wanted to address it because we thought it was a big deal even

though some people might not think it was a big deal. However there was a study on online and

it said that 1 in 4 child gets cyber-bullying and it happen to them more that once.People don't

think this a big deal but when people are take there life we need to do something.

The issue of cyber-bullying has become the subject of extensive media coverage in recent years.

The problem has caught the pundits , legislatures and prosecutors alike. While existing laws

reach some of this behavior , a number of states have passed laws specifically designed to curb

cyber-bullying . This societal problem cannot be addressed in a meaningful manner without first

defining what is meant by the term cyber bullying. It is useful to examine cyber-bullying through

the lens of traditional bullying when attempting to craft a workable definition.

In the broadest sense cyber-bullying refers to bullying that occurs through electronic

communication devices, therefore the definition of cyber-bullying must incorporate bullying’s

essential elements. It follows that in order to be considered cyber-bullying , an act must be (1)

willful; (2) repeated ; (3) such that it causes harm perceived by its targets; and (4) perpetrated via

computers , cellphones , or other electronic devices. Cyber-bullying and sexting and, most

recently sextbullying, have been at the forefront of these technological phenomena which can

lead to online harassment , teen suicide, and jail time for child pornography.

3
 III. Causes of the Problem

Many news stories have reported cyber bullying incidents from all over the world (Strom, P. and

Strom, R.,2005; Leshnoff,2009; Leishman,2002; James,2010; Harmon, 2004;

eGovMonitor,2009; Beatbullying.org,2009;Gervacio,2011; Paulson,2007; Shaw,2010;

Ng,2011;foxnews.com,2008). In Seattle, for example, 28 students at McClure Middle School

were suspended for allegedly bullying a classmate online (Shaw,2010). In Massachusetts a high

school student hanged herself after she was repeatedly tormented online via text messages and

Facebook (Ng,2011) . In Australia, a nine-year-old fourth-grade girl received pornographic e-

mails from a classmate (Paulson,2007). All of these reports, ranging from virtual flaming to

sexually suggestive comments and the distribution of explicit photographs traumatized

adolescents. The greatest impact of these embarrassing incidents is that the various effects of

cyber bullying are impossible to nullify once electronically shared. Hurtful messages , emotional

struggles , and anxiety over peer pressure are growing challenges for today’s youth to deal with.

Unlike growing up in the days when technology was not available at every teen’s fingertips and

parents hadn’t showered them with computers or cell phones, bullying incidences present a

challenge to trace. (pvillegroupddsa) This will require schools, and especially parents to be

aware of the problem and act on it. Eliminating cyber-bullying will take a combined effort and

won’t be eliminated overnight. If the government is willing to accept that cyber-bullying is a

problem, laws can be put in place to help discourage this activity. Even still, parents and schools

should eliminate and stop this behavior now, then laws shouldn’t be necessary. So schools and

parents, be aware of what kids are doing on the internet and their phones, and act if they are

doing something that they shouldn’t be. Technology is not simply an important influence in

children’s lives, but as co-director of the (Cyber Bully Research Center) stated: “...it is their

4
lives.” Tech-centered schools and workplaces are already the way of the world today, so it is our

duty as teachers and parents to help them enter this constantly-growing world, courteously and

graciously.

5
 IV. Decision Criteria and Alternative Solutions

Cyber-bullying is a people problem, and it requires a people solution. Until the courts provide

clear constitutional guidance on how schools may regulate online speech, education is the most

effective way to respond. These include:

 Educating students with information about what cyber-bullying is, as well as costs

and consequences, to the perpetrators, the targets, and the school as a whole. They

see, hear and know more than adults do about particular incidents of cyber-bullying,

and are in the best position to prevent and stop it.

 Train administrators and staff to recognize and respond.

 Educate parents; inform them of district policies and state or other laws, and provide

them with tips and tools for preventing, recognizing and responding.

Bullying, unfortunately, is not anything new; however, the constant access students have to each

other’s personal information is. With constant, disruptive text messages, hacked Facebook

accounts, and offensives tweets, it’s tempting to place the blame on technology and ban it

altogether from classrooms. However, experts say that powering off is not the answer; rather, we

need to empower our students to be good citizens—on and offline.

First of all, students need to be educated about cyber-bullying. Many are unaware of where the

boundaries are drawn between harmless jokes, teasing, and cyber-bullying, leading to under-

reporting and stagnating conflict resolution. Help your students better understand what cyber-

bullying is by initiating a conversation in your classroom. Ask a couple of thought-provoking

questions, share experiences, and try to get the students as involved as possible. As they answer

questions, discuss, and ask questions they will come to the conclusion themselves about the

6
dangers of cyber-bullying. However, if they are bored, they might just jump right back on their

phone.

This conversations should help students understand the consequences of cyber-bullying. Online

interactions remove a feeling of responsibility; making us prone to do or say things that we never

would in person. However, if students are educated about the dangers of cyber-bullying, they can

cultivate an “online conscience.” Empower your students by helping them realize the influence

that their words and actions can have on others, and the responsibility that they have to use it for

good.

However, this responsibility should not rest on teachers’ shoulders alone. Online etiquette needs

to be taught in schools and at home. Update parents about the school’s initiatives and what they

can do to improve their student’s learning and internet use.

7
 V. Recommended Solution, Implementation and Justification

The Anti-Bullying Act of 2013 (RA 10627)

This law finds applicability in school-related bullying, student-student bullying in particular,

which covers those uttered in social media. “Bullying”, as defined, refers to any severe or

repeated use by one or more students of a written, verbal or electronic expression, or a physical

act or gesture, or any combination thereof, directed at another student that has the effect of

actually causing or placing the latter in reasonable fear of physical or emotional harm or damage

to his property; creating a hostile environment at school; infringing on the rights of another; or

materially or substantially disrupting the education process. (Sec. 2, RA 10627) These acts are

collectively called “cyber bullying” when committed online. (Sec. 2-D, RA 10627) This covers

social bullying aiming to belittle another individual or group or gender-based bullying that

humiliates another on the basis of perceived or actual sexual orientation and gender identity.

(Sec. 3, B-1, RA 10627, Implementing Rules).

Bullying has certainly evolved from the days of after-school fistfights or shakedowns for lunch

money. In fact, it has kept up with the times and made the move to emails, texting and social

media. And while you may have some notion of the damage caused, statistics show that this is a

widespread and dangerous problem. Here are top 10 ways to shut down online attackers.

Tell someone. Kids worry that telling an adult will make harassment worse once the bully finds

out, or that teachers and parents won’t be able to do anything to stop the abuse. It’s critical for

you to reach out if you believe your kids are being bullied online. Look for practical ways to

address the issue, such as involving school administrators or contacting social media sites

directly.

8
Keep Everything. In some cases, bullying crosses the line from aggravation to criminal

harassment or threats. If your child is the victim of cyber-bullying, make sure to save all posts

and messages from the bully by taking screenshots, or photos on your smartphone, in addition to

recording the time and date.

Don’t engage. Those observing the attacks must be willing to report problems to friends, family

members or teachers, while those being bullied are often better off ignoring the attacks rather

than responding.

Learn more. It’s crucial as parents to learn everything you can about what your children are

doing on the Internet and with their smartphones.

Understand the scope. Many adults believe social media sites are the likely stages for the

bullying behaviors, and they’re right. Bullying can occur on Facebook, Twitter and Instagram, or

through Snapchat, emails and texts coming directly from bullies. And since these phones are

never far from teen hands, the harassment can become almost constant. With technology

changing so rapidly, it’s important to always monitor your children’s mobile devices and their

online behavior to get ahead of any potential threats.

Recognize the signs. A cyberbullied child looks the same as any adolescent—often unwilling to

talk about his or her day or disclose personal information. But according to the National Crime

Prevention Council (NCPC), you should look for other signs, like a loss of interest in favorite

activities, skipped classes, and changes in sleeping or eating habits. While any of these may be

indicative of multiple concerns, you might also notice a sudden lack of interest in using the

9
computer—or in the case of a child who is the aggressor, extreme anger if you take his or her

phone or computer privileges away.

Keep data secure. It’s important for you and your teen to be diligent when it comes to posting

data online. It’s a good idea to limit the number of personal photos and information your teen

posts online. Make sure they know to always keep passwords secure and change them regularly.

Bullies have been known to “hijack” victims’ profiles to post rude and offensive comments.

Likewise, teens should always set social media profiles to “private” and ignore messages from

people they don’t know altogether.

Don’t get turned around. As noted by Nobullying.com, some victims do fight back against

bullies, and then become bullies themselves. While this may seem like one way to solve the

problem, what often happens is a “sort of back-and-forth between victim and aggressor which

tends to continue the behavior.” Make sure to educate your teen about being respectful of others’

feelings and privacy online. Tell your child that you understand the impulse to retaliate, but that

in the long-term it’s best to not get involved in that way.

Stand together. It’s important to stand together and look for long-term solutions to cyberbullying.

Hold bullies accountable. Parents should be holding bullies accountable by alerting school

officials and the bullies’ parents. Bullies need to understand that their actions have

consequences, and everyone deserves to live without fear.

The anti-bullying act of 2013 is now a law but coverage is limited to high school students and

below.

10
 Until the the bullying law was enacted sans high profile cyber lynching cases reported by media,

most incidents remain under reported. Since the anti-bullying act of 2013 covers only high

school students and below, adult victims, on the other hand, can seek legal remedy from some

provisions of the Cybercrime law.

Adults and parents whose kids might become a victim of bullying must find time to read and

understand the provisions of both the bullying and cybercrime law.

What to do when being cyber bullied

Always inform somebody when you are being cyber bullied, harassed, stalked or mobbed

 As a minor, tell your parents or guardian. It is best to share this also to your class adviser or the

school’s guidance office. Parents, it’s best to inform the principal about the incident. As required

by law, schools thru the Principal or his/her designate, should conduct an investigation.

 As an adult, tell someone you trust, and if harassment is work related, it is wise to give your HR

a heads-up. If you’re experiencing workplace bullying, here’s what you can do

Always keep a copy of the hate messages, degrading images and/or videos using a browser

where the url is visible when taking a screenshot

 do not delete text messages, email, tweets and PMs/DMs.

 Always take a screenshot of the Facebook, Twitter and other social networ’s timeline

 Download a copy of degrading images or videos to be kept as evidence

11
 Block the accounts of the people who are harassing you.

 Parents, do this immediately and have your kids take an online vacation

 For adult victims, do this if the attacks are affecting you already but ask someone to monitor the

accounts of the bully.

 If you can, take an online vacation. Use a different CP numbers when necessary, but ask

someone to monitor the SMS in your original number. When cyber bullied using social media,

report the account, photos and videos to social network providers

 For Facebook abuses, if you do not have an account,

report (https://web.facebook.com/help/contact/274459462613911?rdrhc&_rdc=1

&_rdr)

 If you have a Facebook account and you wish to report a harassment/bullying

follow this GUIDELINES (https://www.facebook.com/help/reportlinks)

 For Twitter abuses, report HERE (https://help.twitter.com/forms/abusiveuser)

 For Instagram, go HERE

(https://help.instagram.com/443165679053819/?ref=hc_fnav)

Seek professional. police and/or legal help when necessary.

According to this news report, if cyber-bullying is happening to you or a love one, you can

contact the National Bureau of Investigation at [email protected] or call 521-9208, local

extensions 3429 (Chief) and 3497 (Staff).

12
 If both the cyber bully victim and offender is minor

 *Bully is from the same school – report to the child protection committee or the guidance

counselor

 *Bully is from another school – report to the offenders school

 Bully is out of school youth – bring the matter to the barangay where the offender is residing

* the school will determine if aside from administrative sanction, there is a need to file criminal

charges. If parents are not happy with handling, they can escalate the incident to Dep Ed.

** if there is no resolution at the barangay level, they can proceed to the Women and Child

Protection Desk of the PNP or DSWD

If offenders are adult but cyber bully victims are either minor or women

 Go to the nearest Women and Children’s Protection Desk of PNP

 Alternately, you can file an online report here: http://acg.pnp.gov.ph/main/?page_id=1047 (use

cyber harassment)

 Or visit either the PNP Cybercrime Unit at Camp Crame or the NBI Cybercrime Unit

If both the cyber bully victim and offender are adult

 You can file an online report here: http://acg.pnp.gov.ph/main/?page_id=1047 (use cyber

harassment)

 Or visit either the PNP Cybercrime Unit at Camp Crame or the NBI Cybercrime Unit

13
It’s the best thing you can do since McAfee chief privacy officer firstly reported about the

problem in 2012. In her interview she claimed that 1 in 10 kids are experiencing cyber-bullying

without parents knowing. If you are suspecting your child is being bullied online, Above is a list

of things you can do to stop or prevent it. It is found very efficient and working because this

study examined and identified in different aspects that help educators assess its extent as well as

its negative consequences , among which are poor attention in class , not attending school , and

low academic achievement. It could lead to more healthy communication strategies using

different communication platforms and technologies.

14
 VI. External Sourcing

Gasser, U ., Maclay, C. & Palfrey, J. (2010). Working towards a deeper understanding of digital

safety for children and young people in developing nations: An explanatory study by the

Berkman Center for Internet & Society at Harvard University , in collaboration with UNICEF.

Retrieved on October 9,2011 from

https://cyber.harvard.edu/sites/cyber.law.harvard.edu/files/Gasser_Maclay_Pal%09frey_Digital_

Safety_Developing_Nations_Jun2010.pdf

Ang, R. P. & Goh , D. H. (2010). Cyber bullying Among Adolescents: The Role of Affective

and Cognitive Empathy and Gender. Child Psychiatry Human Development , 41 , 87-397.

Cyberbullying Solutions , Community Matters

http://community-matters.org/programs-and-services/cyberbullying-solutions

The Manila Times College (2016). Cyber-bullying Control

https://www.manilatimes.net/10-ways-to-stop-cyberbullying/282770/

Sonnie | Bullying, Cyber Wellness ToolBox, CyberBullying (Best Corporate and Brand Blog

Arwardee (2015)

https://asksonnie.info/cyber-bullied/

Stop Bullying Prevention

https://www.stopbullying.gov/cyberbullying/prevention/index.html

Brookings

https://www.brookings.edu/blog/techtank/2014/10/22/how-to-stop-cyberbullying/

Scholar Space/Cyber Bullying among Filipino Adolescents

https://scholarspace.manoa.hawaii.edu/handle/10125/100793

15