![• The penalty of online GBSH violation is prision correccional in its
medium period [imprisonment of six (6) months and one (1) day to
two (2) years and four (4) months] or a fine of not less than one
hundred thousand pesos (PHP 100,000.00) but not more than five
hundred thousand pesos (PHP 500,000.00), or both, at the
discretion of the court.
• If the perpetrator is a juridical person, its license or franchise shall be
automatically deemed revoked, and the persons liable shall be the
officers thereof, including the editor or reporter in the case of print media,
and the station manager, editor and broadcaster in the case of broadcast
media.
• An alien (foreigner) who commits gender-based online sexual
harassment shall be subjected to deportation proceedings after
serving sentence and payment of fines.](https://image.slidesharecdn.com/safespacesact-240125030109-b7fa4fa8/85/orientation-for-teachers-on-safe-spaces-act-pptx-33-320.jpg)
orientation for teachers on safe spaces act.pptx
- 2. What I know?
- 3. • Were you able to related with the video? • Have you experience a similar incident in the past? What did you do? • For those who have not experienced it in the past, if you were in her shoes, what will you do? • How can we help victims of GBSH in public places?
- 4. What I know? What I Have Learned
- 5. Safe Spaces Act or the "Bawal Bastos Act" was signed into law last April 17, 2019 Implementing Rules and Regulations (IRR was approved on October 28, 2019
- 6. To address existing gaps and issues on equality, security and safety of both men and women in private and public spaces. To adress Gender- Based Sexual Harassment (GBSH
- 8. • The law covers all forms of gender- based sexual harassment (GBSH) committed in public spaces, educational or training institutions, workplace, as well as online space.
- 9. • GBSH in street and public spaces is defined as acts which are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.
- 10. • streets and alleys • roads and sidewalks • buildings • restaurants and cafe • public parks • schools and churches • government offices • public parks • malls and public markets • public washrooms
- 11. • spaces used as evacuation centers • public utility vehicles (PUVs) • public vehicles covered by app-based transport network service
- 12. • recreational spaces such as ,but not limited to: cinema halls, theaters and spa, bars and clubs, resort and water parks, hotels and casinos, internet shops • all other areas, regardless of ownership, openly accessible or offered to be accessed by the public
- 13. a.Catcalling or unwanted remarks directed towards a person, commonly done in the form of wolf- whistling (paninipol), misogynistic, transphobic, homophobic, and sexist slurs, as well as unwanted invitations;
- 14. or slurs-statements that are indicative of prejudice, stereotyping, or discrimination on the basis of sex, typically against women Sexist remarks
- 16. are indicative of fear, hatred or aversion towards persons who are perceived to be or actually identify as lesbian, gay, bisexual, queer, pansexual and such other persons of diverse sexual orientation, gender identity or expression, or towards any person perceived to or actually have experienced same-sex attraction. Homophobic remarks
- 17. or slurs- statements that are indicative of the feeling of hating women or the belief that men are inherently better than women Misogynistic remarks
- 18. or slurs-statements that are indicative of fear, hatred or aversion towards persons whose gender identity and/or expression do not conform with their sex assigned at birth. Transphobic remarks
- 20. b. Persistent uninvited comments or gestures on a person’s appearance; c. Relentless requests for personal details;
- 21. d. Statement of sexual comments and suggestions; e. Public masturbation or flashing of private parts, groping, making offensive body gestures at someone, and other similar lewd sexual actions;
- 22. f. Any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety. This may include cursing, leering and intrusive gazing, and taunting
- 23. g. Persistent telling of sexual jokes, use of sexual names; and
- 24. h. Stalking or conduct directed at a person involving the repeated visual or physical proximity, non- consensual communication, or a combination thereof that cause or will likely cause a person to fear for one’s own safety or the safety of others, or to suffer emotional distress.
- 25. Penalties vary according to the act of GBSH committed and how often a person was convicted for violating the laws.
- 26. Penalties vary according to the act of GBSH committed and how often a person was convicted for violating the laws.
- 29. Gender-based Online Sexual Harassment includes acts that use information and communications technology in terrorizing and intimidating victims through: • threats (physical, psychological, and emotional), unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages; • invasion of the victim’s privacy through cyberstalking and incessant messaging; • uploading and sharing without the consent of the victim any form of media that contains photos, voice, or video with sexual content;
- 30. Gender-based Online Sexual Harassment includes acts that use information and communications technology in terrorizing and intimidating victims through: • any unauthorized recording and sharing of any of the victim’s photos, videos or any information online; • impersonating identities of victims online or posting lies about victims to harm their reputation; or • filing false abuse reports to online platforms to silence victims.
- 33. • The penalty of online GBSH violation is prision correccional in its medium period [imprisonment of six (6) months and one (1) day to two (2) years and four (4) months] or a fine of not less than one hundred thousand pesos (PHP 100,000.00) but not more than five hundred thousand pesos (PHP 500,000.00), or both, at the discretion of the court. • If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked, and the persons liable shall be the officers thereof, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster in the case of broadcast media. • An alien (foreigner) who commits gender-based online sexual harassment shall be subjected to deportation proceedings after serving sentence and payment of fines.
- 34. • The victim can file a complaint directly with the National Bureau of Investigation through its Cybercrime Division, the Philippine National Police Anti-Cybercrime Group, or the Office of the Cybercrime of the Department of Justice. • Practical tips in saving digital evidence and online report • Take note of the Uniform Resource Locator (URL) or the web address of the website or social media account of the perpetrator • Make a printout of the content being complained of by opening a browser (Google Chrome, Mozilla Firefox, etc.) on a laptop or desktop, going to the pertinent account/page, and print the said webpage. • Contact authorities via PNP’s Anti-Cybercrime Group e-complaint desk at https://acg.pnp.gov.ph/eComplaint/ or through their complaint action centers.
- 36. Gender- based sexual harassment in the workplace includes the following: A. an act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities; B. a conduct of sexual nature and other conduct based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;
- 37. Gender- based sexual harassment in the workplace includes the following: C. a conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient. • Workplaces include all sites, locations, spaces, where work is being undertaken by an employee within or outside the premises of the usual place of business of the employer.
- 38. • Yes. The first law to penalize sexual harassment, Anti- Sexual Harassment Act of 1995 (Republic Act No. 7877) recognized that sexual harassment occurs in work, education, and training environments. However, it requires the existence of authority, influence or moral ascendancy between the offender and the offended party. It did not specifically address the issue of “hostile environment” resulting from sexual harassment between peers or co- employees, or those committed against a superior. The Safe Spaces Act addresses these gaps by recognizing that sexual harassment can be committed between peers, or by a subordinate to a superior officer.
- 39. The victim can file an administrative complaint with the Committee on Decorum and Investigation and/or file a civil and/or criminal case before the courts.
- 40. • Under the Safe Spaces Act, employers must: a. disseminate or post in a conspicuous place a copy of the law to all persons in the workplace; b. provide measures to prevent GBSH in the workplace, such as the conduct of anti-sexual harassment seminars; c. create an independent internal mechanism or a committee on decorum and investigation (CODI) to investigate and address complaints of gender-based sexual harassment; d. develop and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which shall: e. Expressly reiterate the prohibition on gender-based sexual harassment; f.Describe the procedures of the internal mechanism; g. Set administrative penalties.
- 43. What are the duties of heads of educational and training institutions under the Safe Spaces Act? • The same requirements and corresponding penalties imposable upon employers are also applicable to heads of educational and training institutions. So these heads are also required to disseminate the law, develop their own Code of Conduct and establish and/or update the composition of the CODI. Note that these heads have to harmonize the CODI for their employees and for their students.
- 44. • In addition to such duties, it also requires them to: • designate an officer-in-charge to receive complaints regarding violations of the law and forward them to the CODI; • impose administrative disciplinary measures for students who commit acts of GBSH against their fellow students or teachers; • if a school knows or reasonably should know about acts of gender- based sexual harassment or sexual violence being committed that creates a hostile environment, the school must take immediate action to eliminate the same acts, prevent their recurrence, and address their effects; • educate students from the elementary to tertiary level about the provisions of the law and how they can report cases of gender- based streets, public spaces and online sexual harassment committed against them.
- 45. What are the duties of heads of educational and training institutions under the Safe Spaces Act? • School heads and heads of training institutions covered by the Commission on Higher Education (CHED), Department of Education (DepED), and Technical Education and Skills Development Authority (TESDA) shall comply with the standards set by the said agencies.
- 46. The CODI to be established by the education and training institution should: • be composed of representatives from the school administration, the trainers, instructors, professors or coaches and students or trainees, students and parents, as the case may be; • designate a woman as its head and not less than half of its members should be women; • be composed of members who should be impartial and not connected or related to the alleged perpetrator; • investigate and decide on the complaints within ten (10) days or less upon receipt thereof; • observe due process; • protect the complainant from retaliation without causing her/him any disadvantage, diminution of benefits, or displacement, and without compromising his/her security of tenure; and • guarantee gender-sensitive handling of cases, and confidentiality to the greatest extent possible.
- 48. Note: Minor students who are found to commit GBSH shall be held liable for administrative sanctions by the school, as provided in their student handbook.
- 49. What I know? What I Have Learned What Can I do
- 52. • https://www.youtube.com/watch?v=01-ZO_awBxk • https://www.scribd.com/presentation/533444647/Powerpoint- Presentation-of-Safe-Spaces-Act-RA-11313 • https://library.pcw.gov.ph/republic-act-11313-safe-spaces-act-or-the- bawal-bastos-law/ • https://library.pcw.gov.ph/brochure-safe-spaces-act-in-english/ • https://library.pcw.gov.ph/vaw-puppet-web-series-episode-2-panatag- part-1/ • https://library.pcw.gov.ph/vaw-puppet-web-series-episode-2-panatag- part-2/ • https://www.youtube.com/watch?v=eaeDSTfxdmk • https://www.youtube.com/watch?v=01-ZO_awBxk • https://pcw.gov.ph/republic-act-no-11313-safe-spaces-act-bawal-bastos- law/?fbclid=IwAR0xRY20-GZwDKAdlDqPUtdXV- CfKPGkZETQQNac2OQCOXnb6ilUkIXgZ0I
- 53. MARICEL L. ABAYA, RGC