Position Paper on the Two Pending Senate Bills on Electronic Violence Against Women

Senate Committees on Women, Children, Family Relations and Gender Equality; and Science and Technology

August 23, 2017

The Philippine Society for SRH Nurses, Inc. (PSORHN) respectfully submits to the Senate Committees on Women, Children, Family Relations and Gender Equality; and Science and Technology this position paper which outlines the rationale for the support of the Society for the pending bills intended for penalizing violence against women and the LGBTQ online.

PSORHN recognizes the following:

1. Violence Againt Women and the LGBTQ online is an issue of health, due to the mental anguish experienced by victims. Several months ago, a woman in a casual sexual relationship consulted the Society. Her partner uploaded some of her photos in intimate positions on the man’s fake Facebook account. Her face was shrouded in darkness, but discerible to those who know her. Despite begging through text, call, and Messenger, the said photos were only taken down after three hours. Within that time, the photo had already gained views and comments. The man apologized. The woman reported experiencing depression and suicidal ideation. She also indulged in self harm. These symptoms are parallel to the psychological symptoms experieced by victims of sexual violence outside cyberspace.

2. Violence Againt Women and the LGBTQ online is an impediment to gender equality, as violence is used to silence women and the LGBTQ by blocking their access to ICT use and freedom of expression. People’s full use of freedom of expression online has become a standard in cyberspace. With the rapid progress of ICT, people’s voices online have become catalysts for broader social movements. The powers to mobilize and bring about change through social media have been proven time and again. Violence Against Women and the LGBTQ is a means to silence the voice the marginalized. Because of threats of sexual violence and physical harm, harassment, misogyny, and homophobia, these marginalized sectors have no other recourse but retreat from the social media sphere, losing a powerful platform of expression. Violence Against Women and the LGBTQ is an impediment not simply to freedom of expression, but the right of women and the LGBTQ to participate in discourse that may set in motion significant positive social change.

3. Violence Against Women and the LGBTQ normalizes violence against women and LGBTQ, as cyberspace becomes a safe space for people to harass, sexualize, and threaten people with very little repercussion due to the identified policy gaps of the proponents of the bills penalizing online violence. Should such law be passed, it will not only extend judicial protection over victims, but act as a deterrent to future perpetrators.

            Given such truths, PSORHN supports the crafting and passage of a law penalizing Violence Againt Women and the LGBTQ and respectfully recommends the body adopts the term “Gender Based Electronic Violence” (GBEV) as opposed to Electronic Violence Against Women (E-VAW). GBEV, as defined in Senate Bill 1251, includes LGBTQ along with women as end users of the legislation. On the other hand, it is observed that Senate Bill 180 expands the Anti VAWC Law to cyberspace, the bill limits protection to women who has had sexual or dating relationships with their abusers, and the children of these women.  As LGBTQ is often at the receiving end of harassment, threats, and homophobia online, the same legal protection must be extended to them.

Janina Gillian O. Santos, RN, SRHN, FPSORHN

Incorporator

Philippine Society of SRH Nurses, Inc.