A new bill inspired by the tragic death of social media personality Emman Atienza, who was a victim of online bullying, proposes criminal penalties for online hate speech and harassment.
Filed on November 3 by Senate Deputy Majority Leader JV Ejercito, the measure, dubbed the “Emman Atienza Bill”, was presented to TV personality Kim Atienza and his wife Felicia during the wake of their daughter.
The bill defines online hate speech as expressions of hatred, violence, or discrimination against individuals or groups. Online harassment includes repeated unwanted messages, threats, insults, doxxing, or publicly sharing private information without consent, as well as other acts causing emotional distress. Violators may face up to six years in prison and fines up to ₱200,000. The measure reinforces the Cybercrime Prevention Act of 2012 regarding cyberlibel.
For minors involved in prohibited acts, the bill mandates counseling, digital responsibility education, and psychological support, coordinated by the Juvenile Justice and Welfare Council, Department of Health, parents, guardians, and schools.
Digital platforms operating in the Philippines will be required to:
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Remove content involving cyberlibel, hate speech, or harassment within 24 hours of verified complaints or court orders;
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Suspend or ban offending users;
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Actively monitor content;
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Report removal requests and actions; and
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Provide mechanisms for users to report abuse and seek redress.
The Department of Justice (DOJ) will coordinate with platforms for takedowns, suspensions, and evidence preservation, ensuring records can be used in judicial, administrative, or investigative proceedings. Victims will receive psychosocial support, counseling, legal assistance, and protection, with perpetrators responsible for costs.
The bill clarifies that it does not restrict protected speech, including fair commentary, satire, criticism of public officials, and opinions, except when such statements are false and defamatory.
A counterpart measure was filed in the House of Representatives by Negros Occidental 3rd District Rep. Albee Benitez.
