Bacolod City lone district Rep. Albee Benitez has filed a bill that seeks to protect Filipinos from online hate, harassment, and doxxing while ensuring the public’s right to criticize those in public service.
Benitez is the author of House Bill 5750 or the Emman Act, named after US-based social media influencer Emman Atienza, who passed away while struggling with mental health issues and had been subjected to intense online bullying.
“I believe in free speech, and I believe that social media is a powerful platform—one that has given everyone a bullhorn to share ideas, express opinions, and hold those in power accountable,” Benitez said.
He lamented, however, that in recent years there are those who have used their freedom of expression to harass, malign, and spread hate, and that “what was meant to empower has been used to destroy.”
Benitez’s bill proposes penalties for acts such as cyberlibel, online hate speech, and harassment, including expressions inciting hatred or discrimination based on one’s gender or sexuality, cyberstalking, and the non-consensual sharing of private information.
The lawmaker clarified that public officials would not be covered by the protections provided by the bill.
Digital platforms would also be required to promptly remove or disable content that qualifies as cyberbullying or online harassment; suspend or ban users found to have engaged in prohibited acts; designate trained flaggers for content monitoring; report transparently on removal requests and actions taken; and create mechanisms for users to report abuse and seek redress.
They would also be required to preserve the data for their possible use as evidence in court proceedings.
The proposed penalties for violation of the prohibited acts under the bill are:
· Arresto menor or a fine of P20,000 to P50,000, or both, for light violations or acts of online hate or harassment consisting of insults, mockery, or similar offensive remarks but not amounting to threats, incitement, or doxxing;
· Arresto mayor and a fine of P50,000 to P200,000 for targeted online hate or harassment that causes demonstrable emotional distress, doxxing, cyberstalking, and the use of coordinated online mob harassment or hate campaigns; and
· Prision mayor and a fine of P500,000 to P1,000,000 for online harassment amounting to incitement, or when the violations are committed by a public officer or employee abusing their position.
Minors who violate the law would be subjected to counseling and education on the responsible use of digital spaces, as well as any necessary psychological support, with the aid of the Juvenile Justice and Welfare Council (JJWC) and the Department of Health (DOH) in coordination with their respective parents or guardians and/or educational institutions.
Benitez said his goal for filing the bill is to make online spaces “safer without making them silent,” and to “remind everyone that we can disagree without being disagreeable.”
The Senate also recently filed a similar measure authored by Senator Joseph Victor ‘JV’ Ejercito.
