Carlos Felipe B.Managing partner and founder
When can publications constitute intimidation
Social media can be used to threaten, humiliate, or pressure a person , even if the communication originates from an anonymous account . To determine if a crime has been committed , the content, context, purpose, and the participation of each individual must be examined. An unpleasant argument does not automatically receive the same classification as a campaign aimed at intimidation; nor is it necessary to wait for physical aggression to occur before seeking help in the face of a credible threat.
Cyberbullying in the Dress Criminal
Article 123 of the Penal Code, Law 74-25, as amended by Law 44-26, addresses intimidating or offensive digital communications intended to humiliate, degrade, intimidate, or isolate, and to undermine the dignity , moral integrity , or well-being of the victim . It stipulates a sentence of two to five years of imprisonment and a fine of nine to fifteen times the minimum wage in the public sector . The penalty requires proof of the legal elements and the defendant's responsibility, in accordance with the law applicable at the time of the events.
Legitimate criticism and threats are treated differently.
Paragraph 123 protects certain expressions, investigations, criticisms, and satires of public interest when they meet its conditions, including their relevance to the matter and their basis in verifiable facts. Furthermore, Article 154 addresses threats when the threat of harm appears plausible under the circumstances. Therefore, a distinction must be made between legitimate scrutiny, criticism, and conduct intended to intimidate; simply labeling a publication as a denunciation or harassment is insufficient.
Preserve the evidence before blocking or reporting
Save complete screenshots, links, usernames, dates, times, and original conversations. Record profile changes and keep received files unedited. If there are ephemeral posts, document what is visible as soon as possible; an isolated screenshot may require verification. Avoid unauthorized access to other people's accounts to obtain evidence. Article 26 of the Code of Criminal Procedure requires that evidence be obtained and incorporated in accordance with the law.
Where to go and what to request
Report the incident to the Public Prosecutor's Office and provide any available supporting documentation; the investigation may require the involvement of specialized cybercrime units. Explain if there have been any prior messages, unauthorized access to your home, threats against family members, or violation of a protection order. Request an assessment of the appropriate measures based on the risk. If the danger is immediate, seek a safe place and contact 911; reporting through this platform does not replace intervention by the authorities.
How to reduce exposure while researching
Review passwords, enable two-step verification, and limit who can see your location, phone numbers, and family information. After preserving evidence, use the platform's blocking and reporting options. A lawyer can file a complaint, track data preservation requests, and assess a claim for damages when appropriate. Avoid responding with threats or disclosing the alleged perpetrator's private information: protecting your rights requires lawful actions and an individualized assessment of your case.