How Can Victims Report Misogynistic Slurs Online?

Introduction

Misogynistic slurs, sexually degrading remarks, threats, and repeated abusive messages made through social media or messaging applications may give rise to criminal, administrative, and privacy-related remedies under Philippine law. The proper response depends on the content of the communication, the platform used, whether the conduct was public or private, and the harm caused or likely to be caused.

Gender-based online harassment may be reported even when the perpetrator claims that the statements were merely jokes, opinions, or private messages. The law covers online conduct that uses information and communications technology to terrorize or intimidate a victim through unwanted sexual, misogynistic, transphobic, homophobic, or sexist remarks and comments.

What Conduct May Be Reported?

Section 12 of the [Safe Spaces Act](#L1.14) covers gender-based online sexual harassment. The law identifies several forms of prohibited online conduct, including:

• Physical, psychological, or emotional threats;
• Unwanted sexual, misogynistic, transphobic, homophobic, or sexist remarks and comments;
• Cyberstalking and incessant messaging that invades the victim’s privacy;
• Uploading or sharing, without consent, photos, voice recordings, or videos containing sexual content;
• Unauthorized recording and sharing of a victim’s photos, videos, or other information;
• Impersonating the victim online or posting lies intended to damage the victim’s reputation; and
• Filing false abuse reports to silence the victim on an online platform.

The implementing rules likewise recognize these forms of conduct under Rule IV, Section 13 of the [IRR of the Safe Spaces Act](#L2.20). The conduct may occur through public posts, comments, livestreams, group chats, direct messages, or other digital communications.

Does the Victim Have to Feel Threatened?

Not necessarily. In [In Re: Gadon](#J1.27), Administrative Case No. 13521, the Supreme Court explained that the violation concerns acts that cause or are likely to cause mental, emotional, or psychological distress and fear for personal safety.

Accordingly, the victim’s statement that she felt insulted rather than threatened does not automatically defeat a complaint. The relevant inquiry includes the nature of the words or acts, their context, their likely effect, and whether they were intended to terrorize, intimidate, humiliate, or degrade the victim.

Step One: Preserve the Digital Evidence

Before blocking the account or deleting messages, preserve the evidence. A complaint is substantially strengthened when the victim can show the exact words used, the identity or account of the sender, the date and time of the communication, and the manner in which the material was published or transmitted.

Preserve the following, when available:

• Screenshots showing the complete conversation, username, profile, date, and time;
• The URL or account address of the post or profile;
• Copies of videos, audio recordings, images, comments, and livestreams;
• Records of repeated calls, messages, tagging, or contact attempts;
• Names of persons who saw the public post or received the material; and
• Evidence of resulting harm, such as medical records, counseling records, work absences, or reports of threats.

The victim should avoid editing the original files. Copies may be made for submission, but the original device or account data should be retained where possible. The victim should also record how and when each item was obtained.

Step Two: Report the Account or Platform Content

The victim may report the post, account, message, or material to the relevant online platform. The report should be made in addition to, not instead of, reporting the conduct to law-enforcement authorities.

Keep a copy of the platform report, its reference number, and any response concerning removal, preservation, or suspension of the account. If the material is likely to disappear, the victim should promptly inform investigators and request that relevant digital evidence be preserved.

Step Three: File a Complaint with the PNP Anti-Cybercrime Group

Under Section 13 of the [Safe Spaces Act](#L1.15), the PNP Anti-Cybercrime Group is primarily responsible for receiving complaints involving gender-based online sexual harassment, developing reporting mechanisms, and apprehending perpetrators. The victim may also seek assistance from the nearest police station, particularly a unit that handles women and children’s complaints, which may coordinate with the PNP Anti-Cybercrime Group.

The complaint should identify, as far as possible:

• The victim and the alleged perpetrator;
• The platform, account, phone number, or digital service used;
• The exact words, images, videos, or acts complained of;
• The dates, times, and locations relevant to the conduct;
• Whether the conduct was public, private, repeated, or directed to other persons; and
• The emotional, psychological, reputational, or safety-related effects experienced by the victim.

The [IRR of the Safe Spaces Act](#L2.21) states that the PNP Anti-Cybercrime Group shall receive complaints and that the Cybercrime Investigation and Coordinating Center shall coordinate with relevant agencies, including the National Privacy Commission. Agencies involved in complaints and case-building must ensure the victim’s confidentiality, privacy, and security.

Step Four: Report Threats or Immediate Safety Risks

If the messages contain threats of physical harm, stalking, blackmail, or other conduct creating an immediate danger, the victim should contact law-enforcement authorities without waiting for the platform to act. The victim should state clearly that there is an immediate safety concern and provide the threatening messages and the sender’s identifying information.

A victim should also inform trusted persons, preserve evidence of attempts to locate or follow her, and avoid meeting the alleged perpetrator alone. The online harassment complaint does not prevent the filing of other appropriate criminal or protective proceedings when the facts support them.

Step Five: Understand the Criminal Penalty

Section 14 of the [Safe Spaces Act](#L1.16) provides a penalty of prision correccional in its medium period, or a fine of not less than P100,000 but not more than P500,000, or both, at the court’s discretion, for gender-based online sexual harassment.

If the perpetrator is a juridical person, its license or franchise may be automatically deemed revoked, while liable officers may be prosecuted. For print media, the provision identifies the editor or reporter; for broadcast media, it identifies the station manager, editor, and broadcaster. An alien who commits the offense may be subject to deportation proceedings after serving the sentence and paying the fines.

When May Online Records Be Used as Evidence?

The law provides an exception for authorized written court orders allowing a peace officer to use online records or copies of those records as evidence. The order may be issued only upon a written application, examination under oath or affirmation of the applicant and witnesses, and a showing of reasonable grounds to believe that the offense has been committed or is about to be committed.

The applicant must also show that the evidence is essential to the conviction of a person or to the solution or prevention of the offense. Records, photos, or videos obtained in violation of the statutory requirements may be excluded from judicial, quasi-judicial, legislative, or administrative proceedings.

Can the Victim File a Privacy Complaint?

A separate privacy complaint may be appropriate when the harasser, broadcaster, administrator, or other personal information controller discloses the victim’s name, address, age, images, or sensitive information without a lawful basis.

In [CJJ v. JJS and JB](#I1.29), NPC Case No. 22-117, the National Privacy Commission found the elements of an unlawful disclosure under Section 32 of the Data Privacy Act where respondents disclosed a victim’s name, age, address, and information concerning sexual harassment during an online broadcast. The decision treated the respondents as personal information controllers and found that the disclosure was made to third parties without a lawful basis.

The Data Privacy Act remedy is distinct from a complaint under the Safe Spaces Act. The same conduct may potentially involve gender-based online sexual harassment, unlawful disclosure of personal information, cybercrime, or another offense, depending on the facts and the evidence.

Are Journalists or Broadcasters Exempt?

Being a journalist, broadcaster, or online content creator does not automatically authorize the disclosure of a victim’s identifying or sensitive personal information. The National Privacy Commission has recognized that journalistic activity does not provide an unrestricted exemption from privacy obligations where disclosure exceeds what is necessary for legitimate reporting or violates another law.

In reporting a sexual harassment or violence-related incident, the safer approach is to remove unnecessary identifying details and avoid publishing information that could expose the victim to humiliation, retaliation, or further harassment.

Confidentiality and Protection of Victims

Philippine courts apply strict confidentiality safeguards in cases involving sexual abuse, violence against women and children, and vulnerable victims. In [People of the Philippines v. Cabalquinto](#J3.2), General Register No. 167693, the Supreme Court emphasized that the victim’s identity and identifying personal circumstances should not be disclosed without consent or court authority.

Victims should therefore avoid publicly reposting the harasser’s material in a manner that reveals their own identity, address, workplace, school, or other sensitive details. Evidence should be submitted to investigators, prosecutors, or the proper tribunal through appropriate channels.

What Should the Complaint Contain?

A written complaint or affidavit should present the facts in chronological order. It should identify the acts complained of, explain why the statements were gender-based or sexually degrading, and describe the resulting or likely mental, emotional, psychological, reputational, or safety-related harm.

The complaint should attach a clear evidence index. Each attachment should briefly state what it proves—for example, the identity of the account holder, the date of publication, the repeated nature of the messages, or the disclosure of private information.

The victim should not exaggerate or speculate about facts that cannot be supported. If the identity of the account holder is uncertain, the complaint should state the basis for the attribution and allow investigators to verify the account through platform records and other evidence.

Common Mistakes to Avoid

• Deleting the messages before making copies;
• Responding with threats or abusive language that may create a separate complaint;
• Publicly exposing the alleged perpetrator’s personal information without legal advice;
• Relying only on a platform report without filing with law enforcement when a crime may have been committed; and
• Disclosing the victim’s address, workplace, school, or other identifying information in public posts.

Final Recommendations

A victim should first secure her immediate safety, preserve the original digital evidence, and document the full context of the harassment. She should then report the conduct to the PNP Anti-Cybercrime Group or the appropriate police unit and request assistance in building the case.

Where the conduct includes unauthorized disclosure of personal or sensitive personal information, a separate complaint before the National Privacy Commission may also be considered. Because the legal characterization depends on the exact messages, the identity of the sender, the manner of publication, and the resulting harm, the victim should obtain legal advice before signing a formal complaint or making further public statements.

About Nicolas and De Vega Law Offices

 Nicolas and de Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com.