Position Paper on House Bill No. 86 and House Bill No. 403

The Center for Women’s Resources (CWR) fully supports the proposals under House Bill No. 86 and House Bill No. 403 to define and include electronic violence against women and their children in Republic Act 9262, providing protective measures, and prescribing penalties for violations of such acts.

Violence against women and their children remains prevalent. In 2021, the PNP-WCPC recorded more than 21,000 reported cases of violation of Republic Act 9262. Violence against women results from unequal power relations between women and men, stemming from economic insecurity of women that often leads to domination over, and discrimination against, women by men, and impeding the full realization of women’s human rights.

Information and communication technology (ICT) has radically transformed how people interact, especially during the COVID-19 pandemic. As ICT or digital technology is increasingly used in our society, its role in violence against women is also increasing. The women’s organization GABRIELA which caters to survivors of abuse has recorded several cases of VAW perpetrated through the use of digital technologies.

Research by Freed, et. al (2017) among survivors of intimate partner violence (IPV) in the US shows how digital technology is being used to exert control or abuse women. This includes stalking using GPS or location services, harassment, making threats and humiliation online, spreading rumors, impersonation, intimidation, and taking and distributing intimate photos or videos of a partner without permission, among others.
CWR acknowledges the reality of abuse perpetrated against women and their children using digital technology and that this abuse could result in psychological distress for the victims.

In Malaysia, the court ruled the posts of a man who threatened and slandered his wife online, comparing her to a prostitute and swindler, had caused suffering and continuous exceptional hardship, mental stress, deep humiliation, untold embarrassment, and misery for the victim/survivor.

Not only does violence perpetrated through ICT cause psychological harm and suffering but also deters them from digital participation in political, social, and cultural life. We, therefore, agree to the explicit inclusion of technology-related VAWC as part of RA 9262 would be helpful to women and their children who are at risk of experiencing electronic violence but cannot find the proper recourse under the existing law.

CWR also recommends that the proposals include appropriations to fund for training and education. With the speed at which technology develops, it is necessary for state personnel and law enforcement to keep up to date with changes in new technological platforms and applications.

All forms of violence committed whether in person or online, are forms of discrimination and violations of women’s human rights. We urge our policymakers to ensure measures that will uphold women’s right to be free from any form of discrimination and violence. #

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