‘Emman Atienza Bill’ seeks up to 6 years jail time for online hate speech, harassment

Metro Manila, Philippines - A bill filed in the wake of the death of social media personality Emman Atienza, who was a victim of online bullying, seeks to impose jail terms for online hate speech and harassment.

Senate Deputy Majority Leader JV Ejercito filed the Anti-Online Hate and Harassment Bill, which he called the “Emman Atienza Bill,” on Monday, Nov. 3. His office shared with reporters a photo of Ejercito presenting a copy of the bill to TV personality Kim Atienza and his wife, Felicia, during the wake of their daughter.

Ejercito’s bill seeks to criminalize online hate speech - defined as expressions of hatred, violence, or discrimination against individuals or groups—as well as online harassment, which includes unwanted or repeated messages, threats, insults, doxxing or publicly revealing someone’s private information without consent, and other acts that cause emotional distress.

The bill proposed up to six years imprisonment and a fine of up to ₱200,000 for violators.

It affirms the law on cyberlibel, which is already penalized under the Cybercrime Prevention Act of 2012.

If minors are found engaging in the prohibited acts, they will be subjected to counseling and education on the responsible use of digital spaces, as well as psychological support, with the assistance of the Juvenile Justice and Welfare Council and the Department of Health, in coordination with parents, guardians, and educational institutions.

The measure also sets requirements for digital platforms to operate in the country, mandating them to:

+ immediately take down content involving cyberlibel, online hate, or harassment within 24 hours after the filing of a verified complaint or issuance of a court order;

+ suspend or ban users found engaging in such acts;

+ actively monitor content;

+ report removal requests and actions taken; and

+ establish mechanisms for users to report abuse and seek redress.

The Department of Justice will lead coordination with digital platforms for the immediate takedown of prohibited content and the preventive suspension or banning of offending users.

“Furthermore, digital platforms are required to preserve and maintain data and records in a manner that ensures their integrity, reliability, and availability for use as evidence in any judicial, administrative, or investigatory proceeding, and subsequently transfer such data and records upon order of the court,” the bill states.

The measure also mandates the government to ensure effective psychosocial support, counseling, legal assistance, and protection for victims of online hate and harassment through the Departments of Social Welfare, Health, and Justice. Costs will be shouldered by the perpetrator.

The bill clarifies that it does not cover protected speech, including fair commentary, satire, criticism - including of public officials and employees - opinions, or other similar expressions, except those that are false and defamatory.

Bacolod Rep. Albee Benitez filed a counterpart bill in the House of Representatives.