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Questions about CYBERBULLYING

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1 Questions about CYBERBULLYING on Sat Jan 13, 2018 11:07 am

Sweetbella


Arresto Menor
Good day. I just want to ask about what cyberbullying really is according to the law? The other day, my client posted a screenshot of my facebook account. I admit, it was really my mistake for delaying her wedding photo album.. Nabigay na namin lahat ng nasa package except for the photo album.. kaya lang po sa post nya parang pinapalabas nya na we scammed her, na ni isa parang walang nabigay sa kanya.. and that she was looking for me at kung sino may alam saan ako, and kung sino may alam paano ako ma contact.nag change ako ng number and yes, i forgot to give her my number She knows my facebook account, but never syang nag message.. and I am close with her tito and tita, kaya di ko po talaga sya tatakbuhan. Kaya lang po sa post nya talaga parang pinapalabas nya ni isa wala syang nakuha, exposing my fb account with my photo.. she could have sent me a message on facebook.. AGAIN, I ADMIT IT WAS REALLY MY MISTAKE NA NA DELAY KO YUNG ALBUM. BUT IS IT REALLY NECESSARY NA GAWIN NYA YUN? I dont even think that post was meant to look for me as if I was hiding, but to put me on shame.. Will it be considered as cyberbullying?
I am really hoping to get a reply. Thanks

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2 Re: Questions about CYBERBULLYING on Tue Jan 16, 2018 11:34 am

mrs_scofield


Prision Correccional
Republic Act No. 10175, or the Cybercrime Prevention Act penalizes a person found guilty of committing the unlawful or prohibited acts of libel, as defined in Article 355 of the Revised Penal Code.  Article 355 of the Revised Penal Code defines libel as a “public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”

If found guilty, the person may be punished with prision correccional in its-its maximum period to prision mayor in its minimum period or a fine ranging from P6,000.00 up to the maximum amount determined by the court.

The provision only applies to the original author of the post of online libel and not to others who simply received the post and or who just react to it.

Any victim of cyberbullying can file a report against online harassment or other cybercrimes even through a representative, but it must be done personally.  File your complaint at the Cybercrime Division of the Department of Justice, National Bureau of Investigation or the Philippine National Police.  These agencies accept and handle these kinds of cases.  You will then be asked to make a formal complaint by submitting an affidavit detailing the cybercrime committed against you.

What you need to do is to gather evidence.  Proof of cyberbullying and harassment will be the basis of any case that will be filed, so collect screenshots and "receipts" that can help prove the harassment.

Normally, the concerned agencies take about a week for them to verify the initial evidence gathered. After which, the case will be assigned to an investigator. Surveillance and the gathering of further evidence may come next.

If investigators find probable cause, they can apply for a search warrant to the court before finally filing formal charges.

I do find it necessary to mention that this opinion is solely based on the facts you have narrated and my appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. I hope that I was able to enlighten you on the matter.

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