House OKs on second reading bill criminalizing violence vs. women, children online

The House of Representatives on Tuesday approved on second reading a bill amending the Anti-Violence Against Women and Children law by including offenses using social media platforms.

This happened after the House, via a voice vote, approved House Bill 8009 which defines psychological violence as acts or omissions that may be committed through physical, verbal, emotional, electronic or information and communications technology (ICT) devices, or  other means causing or likely to cause mental or emotional suffering of a woman and/or her  children such as intimidation, harassment, stalking, damage to property, public ridicule or  humiliation, verbal abuse, and marital infidelity.

Likewise, the bill states that electronic violence or IC T-related violence covers any act or omission involving  the use or exploitation of data or any form of ICT which causes or is likely to cause mental,  emotional or psychological distress or suffering to the woman and/or her children such recording,  reproducing, distributing, using, sharing or uploading of any  photograph, video or other form of electronic and/or artistic presentation, without authorization namely:

• showing or depicting in any form or manner the genitalia of a woman and/or her children’s, their pubic area, buttocks, breasts, excretory body part or function; scenes with sexual context, or those portraying sexual  conduct such as sexual intercourse, masturbation, kissing, caressing,  hugging and petting, and scenes displaying nudity; 
• exhibiting any sexually-related verbal or non-verbal expression or  gesture of the woman and/or her children which may be construed as lewd, indecent, obscene or of sexual content; and
• depicting any purported violent or errant behavior of the woman and/or her children or the use of intoxicating or prohibited substances or drugs

In addition, the bill also covers any similar recording, reproduction, distribution, use, sharing or uploading of any audio presentation and data, including sound clips, of the same nature of presentation as described above.

Further, the bill prohibits the following:

• unauthorized use of the woman’s and/or her children’s photograph, video, voice, name or any mark, reference or character identifiable with the woman and/or her children, and suggestive of any wrongdoing or any conduct or  attribute tending to smear their reputation;

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• harassing, intimidating, coercing, threatening or vilifying the woman and/or her children through text messaging or other cyber, electronic or multimedia means;
• stalking which includes the hacking of personal accounts on social networking sites and the use of location data from electronic devices:
• fabricating fake information or news through text messaging or other cyber, electronic or multi-media means; and
• creating fake social media accounts using a different individual's personal information with ill intent and/or show of malice, intrigue or other harm, among others

House Assistant Minority Leader Arlene Brosas of Gabriela party-list, one of the authors of the measure, said the passage of the bill is urgent given the rising instances of violence committed against women and children online.

“Today, we are able to connect, share important information, speak out and raise awareness about human rights violations because of the advancement of technology. However, it has also provided fertile ground for violence against women and children to an alarming extent with little to no accountability. Our services team in Gabriela Women’s Party receives an alarming number of cases of intimate partner violence perpetrated using social media, SMS texts, and other technology on a daily basis," Brosas said.

“Furthermore, outdated laws and technology make it impossible to hold the perpetrator accountable under the current Republic Act 9262 or the Anti-Violence Against Women and Children Act. This is why we, Gabriela Women’s Party, have always been firm in our stand that the amendments to RA9262 must be amended with respect to the fact that an overwhelming number of women who became victims of different forms of violence never received justice,” she added.

Brosas also cited that the bill also provides 20 days of paid leave of absence for victims of violence against women and children, in addition to other paid leave under the Labor Code, Civil Service Rules and Regulations, and other existing laws and company policies.

“Malaking bagay ito upang mapangalagaan ang kapakanan ng mga biktima na siyang dumaan sa matinding trauma na siyang nakakaapekto sa kanyang araw-araw na gawain,” she said.

(This is a big help to aid the victims who have been traumatized by their ordeal.) — RSJ, GMA Integrated News