Safe Spaces Act: You Can No Longer Share Photos
Without Consent
by MARIO ALVARO LIMOS | JUL 16, 2019
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Beware: Sharing other people’s photos online could be considered sexual
harassment, according to the Safe Spaces Act, a new law in the Philippines.
The law prohibits catcalling, wolf whistling, and unwanted sexual advances,
but also defines the prohibited acts online.
Many thought that the Safe Spaces Bill introduced by Senator Risa Hontiveros
would lapse into law, but on July 15, 2019, President Duterte affixed his
signature on the document, effectively making it a law, aptly named Safe
Spaces Act. It is an act defining sexual harassment in streets, public spaces,
workplaces, and educational institutions.
But according to the law, public spaces can also refer to online environments.
It also prohibits making unwanted sexual remarks and comments online,
including uploading or sharing someone’s photos or videos without consent.
These photos or videos do not have to be explicit or sexual in nature.
The law’s yet-to-be-written implementing rules and regulations should define
how consent is given, but this will likely be based on the privacy settings of
social networks such as Facebook and Instagram, among others.
What else are prohibited under the Safe Spaces Act?
Under the Safe Spaces Act, stalking someone on the Internet or posing as
someone else (using another person’s photo as your profile picture) could be
considered as sexual harassment, as these can cause mental, emotional, or
psychological distress, as well as fear of personal safety.
You may also no longer repeatedly chat, message, text, or call or repeatedly
attempt to communicate with anyone who does not want to talk to you if that
person will feel emotional distress or fear for his or her safety.
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The law has put heavier penalties for online sexual harassment than
those occurring in physical public spaces.
The Safe Spaces Act defines online sexual harassment as “the use of
information and communication technology in terrorizing and intimidating
victims through physical, psychological, and emotional threats.” The law has
put heavier penalties for online sexual harassment than those occurring in
physical public spaces.
Other prohibited acts online include the following:
o Unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks
and comments online whether publicly or through direct and private messages
o Invasion of victim's privacy through cyberstalking and incessant messaging
o Uploading and sharing, without the consent of the victims, any form of media
that contains photos, voice, or video with sexual content
o Unauthorized recording and sharing of any of the victim's photos, videos, or
any information online
o Impersonating identities of victims online or posting lies about victims to harm
their reputation
o Filing false abuse reports to online platforms to silence victims
Penalties for violating such prohibitions are imprisonment of up to two
years or a fine of P100,000 to P500,000, or both.
Men, LGBT, and children are also protected. It is not only women who are
protected under the Safe Spaces Act because it recognizes that anyone
can perpetuate sexual harassment and anyone can be a victim of sexual
harassment.
For violations that occur in public spaces, there are first, second, and third
degree offenses, all of which can also occur in cyberspace.
First Degree Offenses
First degree offenses are relatively lighter offenses, and can cost you a fine of
up to P10,000 and 30 days in jail.
The following are considered first degree offenses under the Safe Spaces Act:
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o Cursing
o Catcalling
o Wolf-whistling
o Leering and intrusive gazing
o Taunting, unwanted invitations
o Persistent telling of sexual jokes
o Use of sexual names, comments, and demands
o Persistent unwanted comments on one’s appearance
o Misogynistic, transphobic, homophobic, and sexist slurs
o Relentless requests for personal details such as name, contact, and social media
details or destination
o Any statement that has made an invasion on a person's personal space or
threatens the person's sense of personal safety
o Use of words, gestures, or actions that ridicule on the basis of sex, gender, or
sexual orientation; identity and/or expression including sexist, homophobic,
transphobic statements and slurs
Second Degree Offenses
Second degree offenses are more serious offenses, and can cost you a fine of
up to P20,000 and six months in jail.
The following are considered second degree offenses under the Safe Spaces
Act:
o Groping
o Public masturbation
o Flashing of private parts
o Making offensive body gestures at someone
o Other similar lewd actions
Third Degree Offenses
Third degree offenses are the most serious offenses, and can cost you a fine of
up to P100,000 and six months in jail.
The following are considered third degree offenses under the Safe Spaces Act:
o Stalking
o Sexual advances, gestures, and statements mentioned previously with pinching
or brushing against the body of the offended person
o Touching, pinching, or brushing against the genitalia, face, arms, anus, groin,
breasts, inner thighs, face, buttocks, or any part of the victim's body
Victims of online sexual harassment may contact the Philippine National Police
Anti-Cybercrime Group (PNPACG) through its complaint action center at +63
998 598 8116 or call them at +632 414 1560. It may also be reached
through Facebook or Twitter.
