Online sexual harassment | The Manila Times

Dear PAO,

I was in a 12-year relationship that ended based on our mutual decision. The initial months post-breakup were peaceful. But around six months later, my ex-partner began sending persistent messages expressing love and longing.

Despite my requests to stop, the communication escalated to explicit videos containing sexual contents and requests for video calls. I find his current behavior distressing.

Are there legal actions I can take to prevent these actions?

Nympha

Dear Nympha,

Please be informed of Section 12 of Republic Act (RA) 11313, otherwise known as the “Safe Spaces Act,” which states that:

“Section 12. Gender-Based Online Sexual Harassment. – Gender-based online sexual harassment includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages, invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording and sharing of any of the victim’s photos, videos, or any information online, impersonating identities of victims online or posting lies about victims to harm their reputation, or filing, false abuse reports to online platforms to silence victims.”

Based on the above-stated law, gender-based online sexual harassment acts include the use of information and communications technology to terrorize and intimidate victims through physical, psychological, and emotional threats online, whether publicly or through direct and private messages.

The law also includes the invasion of the victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the victim, and any form of media that contains photos, voice, or video with sexual content.

Furthermore, it covers any unauthorized recording and sharing of any of the victim’s photos, videos, or any information online to harm their reputation or filing false abuse reports on online platforms to silence the victims.

Under Section 14 of RA 11313 provides for the penalty, viz:

“Section 14. Penalties for Gender-Based Online Sexual Harassment. – The penalty of prision correccional in its medium period or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of any gender-based online sexual harassment.

“If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked, and the persons liable shall be the officers thereof, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster in the case of broadcast media. An alien who commits gender-based online sexual harassment shall be subject to deportation proceedings after serving sentence and payment of fines.

“Exemption to acts constitutive and penalized as gender-based online sexual harassment are authorized written orders of the court for any peace officer to use online records or any copy thereof as evidence in any civil, criminal investigation or trial of the crime: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses may produce, and upon showing that there are reasonable grounds to believe that gender-based online sexual harassment has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such crime.

“Any record, photo or video, or copy thereof of any person that is in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.”

Accordingly, you may use the above-stated law in filing a case against your former partner. This is in addition to filing a complaint for a violation of RA 9262, or the “Anti-Violence Against Women and Their Children Act of 2004,” should the acts of your ex-partner cause you psychological harm or suffering in accordance with Sections 3 and 5 of the law. If this will be the case, you may also ask for a protection order to prohibit your ex-partner from further committing acts of violence or abuse against you, as provided in Section 8 of RA 9262.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.