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Nineteenth Congress
Second Regular Session
HouseBi||No.9711
RE,eE§Vpfe;
1  1  2023
Introduced by:
HON. MARISSA "DEL MAR" MAGSINO
OFW PARTY LIST
EXPLANATORY NOTE
Article XV, Section 3(a) of the Constitution mandates the State to defend the right
of children  to  assistance,  including proper care  and  nutrition,  and  special  protection
from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to
their development.
Any  type  ofbullyingcan  have  physical  and  psychological  effects  on  a  child.
Anxiety, fear, depression, low self-esteem, behavioral issues, and academic struggles are
just of the few challenges children may experience if they are targeted.  Cyberbullying,
however,  may  be  particularly  damaging.  Unlike  traditional  bullying-which  is  often
limited  to  schools  and  known  bullies-cyberbullying  can  occur  at  any  time  and  be
perpetrated  by  anonymous  sources.  This  makes  it more  relentless,  and  often  more
ruthless, as well as difficult to complain about,
Cyberbullying refers to an aggressive, intentional act or behavior carried out by
an individual or a group through the use of digital technologies and electronic devices
on social media and other messaging platforms by sending, sharing, or posting harmful,
false,  mean  or  threatening  content  against  a  person,  or  exposing  their  personal  or
private  information  that aims  to  scare,  shame,  dehumanize,  anger  or  embarrass  the
victim, and cause psychological and emotional distress to the victim.
A study done by the De La Salle University in 2021,  `How Fi.J].pz`no  youth JdentJfy
and Act on Bullying and Harassment on Social Media', showed F±+ipino youth experience
a   wide   range   of  bullying  and   harassment   on   social   media.   Moreover,   Stairway
Foundation,  Inc.,  a  child-care  non-profit organization,  reported  that Filipino  children
aged 7 to 16 years old, at one time or another, have been bullied in various social media
platforms through photo editing, humiliation, threats, exposure of personal information,


and impersonation. Victims often suffer decrease in self-esteem or often opt to isolate
themselves as a result of the bullying. Others suffer from mental health issues such as
depression and in some extreme cases, entertain suicidal thoughts.
It is imperative for the government to intensify its commitment to online safety
and to protect Filipino children against cyberbullying. The youth now belong to a digital
generation; the world is literally at their fingertips. But this digital world has become
difficult to navigate because of hate speech and cyberbullying, While we have Republic
Act  No.  10627  or  the  `Anti-Bullying Act  of 2013',  it  only  directs  all  elementary  and
secondary schools in the country to adopt policies to prevent and address bullying in
their institutions with the exclusion  of cyberbullying. On the other hand, Republic Act
No.  10175,  or  the  `Anti-Cybercrime  Act  of 2012',  penalizes  criminal  acts  in  general,
committed through the use of computer systems and similar electronic devices.  Thus,
this bill seeks to specifically prohibit and penalize acts of cyberbullying directed against
children who are much vulnerable to these attacks and to their destructive effects,
In  view  of the  foregoing and  as  the  Ambassador  of Sun full  Foundation  in  the
Philippines  and  one  of the  leaders  of the  Sun full  Peace  Movement,  which  aims  to
counter cyberbullying, hate speech, and human rights violations on the internet, I hope
for the immediate consideration and approval of the bill.
HON.
ARISSA "DEL MAR"
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Nineteenth Congress
Second Regular Session
House Bill No.
a fi id id
Introduced by:
HON. MARISSA "DEL MAR" MAGSINO
OFw pARrv LlsT
ANACT
PROVIDING PROTECTION T0 CHILDREN AGAINST CYBERBULLYING
Be it enacted by the Senate and  House Of Representatives Of the  Philippines in Congress
assembled:
Section  1.   SJlort  Tl.tJe - This Act shall be known  as  the  `Anti-Cyberbullying Against
Children Act',
Section 2.  Definition of Terms -For purposes o[ this Act..
a)   Ch/./dren -refers to persons who are below eighteen (18) years of age, including
those  who  are  above  eighteen  years  old but are  with  disabilities that render
them vulnerable and unable to support and protect themselves from all forms of
harm and threats against their persons;
b)   CyberbuJlyf.ng - refers to an aggressive, intentional act or behavior carried out by
an  individual or a group through the use of digital technologies and electronic
devices on social media and other messaging platforms by sending, sharing, or
posting harmful, false, mean or threatening content against a person, or exposing
their personal  or, private  information  that aims  to  scare,  shame,  dehumanize,
anger or embarrass the victim, and cause psychological and emotional distress to
the person;
c)   Di.gitcr/   Techno/ogi`es  -   refers   to  electronic  tools,   devices   and  systems   that
process, transmit and store  data in  binary form, including the  Internet,  social


media,  websites,  software  applications,  computers,  smartphones,  and  other
similar electronic systems and devices; and
d)  Soci`cr/ McdJ'a - refers to a form of media communications on the Internet through
which users share information, personal messages, including videos, and other
similar content.
Section  3.  ProJlr.bltgd Acts  -  The  following  acts,  when  committed  against  children
through  or with the  use  of digital technologies,  social media,  computer systems  and
electronic devices, shall constitute cyberbullying punishable under this Act:
a)   Spreading lies about, or sending or posting embarrassing and humiliating photos
or videos of the child on social media;
b)   Sending,   posting  or  sharing  harmful,  abusive,  profane,   foul   or  threatening
messages or language, images or videos;
c)   Sending,  posting  or  sharing  slanderous  statements  or  accusations  that  cause
undue emotional and psychological distress to the child, including name-calling,
and  commenting  negatively  on  the  person's  physical  appearance,  private  and
personal and family information;
d)   Impersonating  the  child  and  sending  mean  or  false  messages  to  others  on
his/her behalf through fake accounts; and
e)   Any act that causes  damage  to  a  child's  psychological  and/or  emotional  well-
being; and
f)    Anyother act ofcyberbullying as defined in this Act.
Section  4.  PenaJtl.es  -   Any  person   found  guilty  of  any  of  the   punishable  acts
enumerated  in  Section  3  of this  Act shall  be  punished  with  imprisonment of prisJ`on
mayoror  a  fine  of at  least Two  Hundred  Thousand  Pesos  (Php  200,000.00)  up  to  a
maximum amount commensurate to the damage incurred by the victim, or both at the
discretion of the court.
Section 5. En/orcemeJ]t and JmpJemento[i.on - Whenever practicable and feasible, the
provisions  of Chapter  IV  of Republic  Act  No.  10175,  otherwise  known  as  the  `Anti~
Cybercrime  Act  of 2012',  shall  suppletorily apply  for  the  effective  enforcement  and
implementation of this Act.
Section 6. £I.abl.Jl.ty UJlder Other Laws -  A prosecution under this Act shall be without
prejudice to any liability for any violation  of the  Revised  Penal Code, as amended, or
other special laws.
Section 7. Implementing Rules and Regulations - W±thfn sixty (60}  daLys from the
effectivity  of  this  Act,  the   Department  of  Information   and  Communications   and
Technology (DICT), the Department of Justice (DOJ) and the Department of Science and


Technology  (DOST)   shall  promulgate  the  rules  and   regulations  necessary  for  the
effective implementation of this Act,
Section 8. Rapcall.ng CJause. - All laws, decrees, orders, rules and regulations or parts
thereof which are inconsistent with or contrary to the provisions of this Act are hereby
repealed, amended or modified accordingly.
Section  9. Ejrectivi.ty. -This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved.