The Safe Spaces Act, Republic Act No. 11313 (also called the Bawal Bastos law), punishes gender-based sexual harassment not only in streets and public spaces but also online. Gender-based online sexual harassment includes acts that use information and communications technology to terrorize and intimidate victims through: physical, psychological, and emotional threats; unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks and comments made online; invasion of a victim's privacy through cyberstalking and the incessant messaging; uploading and sharing without consent of any form of media that contains photos, voice, or video with sexual content; unauthorized recording and sharing of a person's photos, videos, or information online; impersonating identities of victims online or posting lies to harm them; and other similar acts. The law protects persons of all genders. Penalties depend on the gravity of the act, ranging from fines to imprisonment, and the platform or intermediary may be required to act on reported content. A victim may report to law enforcement (such as the PNP Anti-Cybercrime Group or NBI), and the act may overlap with the Cybercrime Prevention Act and the anti-photo and video voyeurism law. So online harassment that targets a person on the basis of gender or sexuality is a punishable offense, and victims have avenues to complain.
What Is Covered Online
- Online threats (physical, psychological, emotional);
- Unwanted misogynistic, transphobic, homophobic, sexist remarks;
- Cyberstalking and incessant messaging;
- Non-consensual sharing of sexual photos, voice, or video; and
- Impersonation or posting lies to harm the victim.
Who Is Protected
The Safe Spaces Act (RA 11313) protects persons of all genders. Penalties range from fines to imprisonment depending on gravity, and platforms may be required to act on reported content.
How to Complain
Report to law enforcement (PNP Anti-Cybercrime Group or NBI). The offense may overlap with the Cybercrime Prevention Act and the anti-photo and video voyeurism law. Keep screenshots and evidence.
Practical Takeaways
- Online gender-based harassment is punishable under RA 11313;
- It covers threats, sexist remarks, cyberstalking, non-consensual sharing;
- Report to PNP-ACG or NBI with evidence.
Frequently Asked Questions
What is gender-based online sexual harassment? Under the Safe Spaces Act, it includes online threats, unwanted sexist or misogynistic remarks, cyberstalking, non-consensual sharing of sexual media, unauthorized recording, and impersonation to harm a victim.
What law covers online harassment? The Safe Spaces Act, Republic Act No. 11313, also called the Bawal Bastos law, which punishes gender-based sexual harassment in physical and online spaces.
Does the Safe Spaces Act protect all genders? Yes. The law protects persons of all genders against gender-based sexual harassment.
Where do I report online harassment? To law enforcement such as the PNP Anti-Cybercrime Group or the NBI. The offense may also overlap with the Cybercrime Prevention Act and the anti-photo and video voyeurism law.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.