Sexual harassment

Dear Atty. Chris,

Ever since the face-to-face classes have started, I kept on receiving unsolicited “D” pics of my male classmates. I am minding my own business, and then I will receive these nude photos with sexual remarks. Can I be sexually harassed via online? Help me, Atty. please.

Mika

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Dear Mika,

For your information, the law that addresses your situation is Section 12, Article II of Republic Act 11313, otherwise known as “Safe Spaces Act of 2018,” viz:

“Section 12. Gender-Based Online Sexual Harassment. — Gender-based online sexual harassment includes acts that use information 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 victims privacy through cyberstalking and incessant messaging and uploading and sharing without consent of the victim, any form of media that contains photos, voice or video without sexual consent, 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.” (Emphasis supplied)

It is clear from the cited provision that direct and private messaging of sexual remarks to a person constitute as gender based online sexual harassment.

In your situation, your classmate who is sending you his nude photos with sexual remarks can be held liable for violating this law. If found guilty, the offender may be penalized for his offense. Further, the Implementing Rules and Regulations of the said law has just been recently signed and released.

Hope this helps.

Atty. Chris Liquigan