'Emman Atienza Bill' targets cyberlibel, online hate speech

Sen. JV Ejercito has filed a measure seeking sanctions and penalties against cyberbullying and online defamation, particularly those involving the youth.

Senate Bill 1474, which Ejercito called the Emman Atienza Bill, seeks to penalize 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 proposed sanctions include imprisonment and fines ranging from P50,000 to P200,000, depending on the gravity and frequency of the offense.

In the House of Representatives, Bacolod Rep. Alfredo "Albee" Benitez filed a similar measure, House Bill No. 5250, seeking to penalize cyberlibel, online hate speech or incitement of discrimination or violence, online harassment including cyberstalking, threats, and doxxing with arresto menor to prision mayor and/or a fine of P20,000 to P1 million.

Ejercito said that while social media serves as a platform to advocate for truth, it has also “ruined reputations, spread fake news, rumors, false accusations, and violence.”

“In reality, there are no delete or edit buttons for the ones we have hurt,” Ejercito said.

Ejercito cited the case of the 19-year-old Atienza, who suffered depression due to bullying ahead of her unexpected death.

“With the primary objective to protect individuals from online harassment, this bill seeks to strengthen the implementation of laws that deter cyberbullying and online hate. And as Emman used to always say, to promote a little kindness,” Ejercito said.

“It is crucial for our country to provide stronger online security and protection for users," he added.

Ejercito’s bill, however, excludes fair commentary, satire, criticism, and opinions, especially those directed at public officials, except when they contain false or defamatory statements.

In addition, the bill mandates digital platforms to swiftly remove or block harmful content within 24 hours of verified complaints or court orders.

Likewise, the bill requires these to suspend or ban offending users, preserve digital evidence, and provide accessible reporting and redress systems.

Further, the bill provides for a Victim Support and Protection Program, which consists of psychosocial support and counseling through the Department of Social Welfare and Development and the Department of Health, as well as legal aid and protection through the Department of Justice, including assistance in securing protection orders when necessary.

The cost of these services will be borne by the perpetrators.

“We hope Emman’s passing will not be in vain as we push for the immediate passage of this measure. We need to bring back kindness online, where people pause and think before they post," Ejericto said.

"We must prevent another tragedy where our fellowmen, especially the youth, are pushed to the breaking point by the vitriol of online hate,” he said.

In a joint Instagram post with wife Felicia and kids Jose and Eliana, Kim “Kuya Kim” Atienza on October 24 announced the "unexpected passing" of their youngest daughter Emman.

In what would be her last message on her Instagram broadcast channel, posted on September 1, Emman opened up about the pressures of social media.

On Sunday's episode of "Kapuso Mo, Jessica Soho," Kuya Kim said he'd like to think that Emman "did not die in vain."

"I know that nothing happens by accident, and I know that all things work out well. Everything is planned by the Lord," he said. –with a report from Tina Panganiban-Perez/NB, GMA Integrated News