‘Emman Atienza Bill’ filed for stronger protection vs online hate

Emman Atienza died in Los Angeles at 19 years old.

Sen. JV Ejercito on Monday, Nov. 3, filed a Senate Bill that seeks to strengthen protection against online hate, harassment, and cyber libel, following the untimely death of social media personality Emman Atienza.

In documents obtained by NewsWatch Plus PH, Ejercito can be seen presenting a copy of Senate Bill No. 1474, or the “Anti-Online Hate and Harassment Act” or “Emman Atienza Bill,” to her parents, Kim and Felicia Atienza.

The bill defines online hate as “expressions of hatred, violence, or discrimination against individuals or groups based on health status, disability, age, socio-economic status, political belief, race, ethnicity, religion, gender, or sexual orientation communicated through digital means.”

Online harassment, meanwhile, refers to actions like “unwanted, repeated messages, threats, insults, doxxing, or other conduct causing emotional distress through electronic communication.”

Cyberlibel, as stated in Republic Act No. 10175 or the “Cybercrime Prevention Act of 2012, refers to unlawful or prohibited acts of libel, defined in the Revised Penal Code as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”

The proposed measure doesn’t equate to censorship, as it allows “protected speech” in the form of fair commentary, satire, criticism even against politicians, opinions—as long as they don’t bear false statements or defamatory assertions.

Violators will face stiff sanctions, including imprisonment and fines ranging from P50,000 to P200,000, depending on the gravity and frequency of the offense. Minors involved, meanwhile, will undergo counseling and education to reform abusive online behavior.

The bill seeks to mandate online platforms to promptly remove or disable access to content that constitutes cyberlibel and to immediately suspend or ban erring users.

It also asks them to designate trained trusted flaggers for content monitoring and introduce mechanisms for users to report abuse and seek redress, as well as keep records that could be used as evidence in court.

The government, for its part, must provide victims with psychosocial support and counseling services with the help of the Department of Social Welfare and Development and the Department of Health. It must also provide legal assistance through the Department of Justice.

The Department of Information and Communications Technology, for its part, will be tasked to hold nationwide digital literary and education campaigns in partnership with the DOJ and other stakeholders.

Spiralytics, a Makati-based digital marketing agency, in December 2024 reported that there are over 86.75 million social media users in the Philippines, lending credence to the country being dubbed the “social media capital of the world.” Previous reports noted that Filipinos spend an average of 10 hours online daily.

According to a monitoring report from the DICT, there were 1,452 cyber libel cases recorded in 2024, ranking among the top five cyber-related complaints in the country. The number could be higher, according to Ejercito, as many incidents remain unreported.

The United Nations Children’s Fund, in a report last April, said that over 1,200 Filipino children revealed troubling experiences with unsafe online behavior and harmful content. About 85.56% of them reported encountering such issues, with 57.26% saying it happens multiple times.

Emman died in Los Angeles on Oct. 22 at 19 years old.

Her death has sparked an outpouring of sympathy not only in the Philippines but also overseas, with major foreign media outlets like The New York Post, TMZ, Daily Mail, People, and Us Weekly reporting it.

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