PUBLICLY mocking, ridiculing or humiliating persons with disabilities (PWDs) because of their disability is unlawful and may result in fines and imprisonment, the National Council on Disability Affairs (NCDA) warned.
In an advisory posted on Saturday, NCDA reminded the public that the rights of PWDs extend beyond discounts and privileges, citing legal protections against ridicule, humiliation and discrimination.
The advisory comes amid growing public concern over offensive remarks about persons with disabilities appearing in digital content and broadcast programs, according to the council.
NCDA cited Republic Act (RA) 7277, as amended by RA 9442, or the Magna Carta for Persons with Disability, which prohibits verbal and nonverbal ridicule, vilification and discrimination against PWDs.
Under the law and its implementing rules, public ridicule includes degrading jokes about disability made before two or more persons, oral or written mockery, and offensive imitation in entertainment, broadcast or public settings.
Vilification covers slanderous or abusive statements and public activities that incite hatred, serious contempt or severe ridicule toward persons with disabilities.
“Describing something as ‘just a joke’ does not exempt it from compliance with the law. It is the impact, intent and circumstances that determine liability,” NCDA stated.
For a first offense, violators may face fines ranging from P50,000 to P100,000, imprisonment of six months to two years, or both, at the court’s discretion.
Subsequent offenses carry fines of P100,000 to P200,000, imprisonment of two to six years, or both.
NCDA also warned that officials directly involved in violations committed by corporations, organizations or media entities may be held personally liable.
Business permits, franchises or operating privileges may also be suspended or revoked following due notice and hearing.
But the council clarified that penalties are automatic, as liability must be established through evidence, due process and appropriate legal proceedings.
NCDA urged media organizations, production teams and digital content creators to review scripts, captions, thumbnails and promotional materials for demeaning language or stereotypes.
It also advised exercising care during live discussions and considering disability sensitivity training and consultation with organizations of persons with disabilities when developing related content.
“Not all disabilities are visible. Differences in speech, movement, communication or support needs should never be used to diminish a person’s worth,” the council added.
Individuals who experience or witness possible violations may submit reports and evidence to grievance@ncda.gov.ph, including a brief account of the incident, relevant links, screenshots and the date it occurred.
They may also seek assistance from the Persons with Disability Affairs Office of their local government unit for documentation and referral.
NCDA advised the public to preserve evidence, while avoiding the recirculation of degrading content that could further harm affected individuals.
“Disability rights are human rights. Respect for the dignity of persons with disabilities must be reflected in our everyday language, public discourse and online spaces. Every voice deserves respect — and the law stands to protect that right,” NCDA said.
Discriminatory remarks slammed
Meanwhile, the Psychological Association of the Philippines (PAP), in a statement released Friday night, Oct. 16, condemned discriminatory and demeaning remarks targeting neurodivergent individuals in an episode of the “Machong Chismisan” podcast.
PAP warned that ridiculing persons on the autism spectrum or those with other disabilities for entertainment could reinforce prejudice and contribute to the normalization of stigma.
“As psychology practitioners, we emphasize that neurodevelopmental conditions are not punchlines. The words used in public media shape culture. When content creators demean neurodivergent traits, they risk reinforcing prejudice and cause real psychological harm to individuals and their families,” PAP stated.
The association also emphasized that freedom of expression comes with social responsibility, while accountability should remain fair and sensitive to individual circumstances.
PAP cited RA 7277, as amended by RA 9442, which addresses public ridicule and vilification of persons with disabilities, as well as RA 11036, or the Mental Health Act, which provides safeguards against stigma and discrimination.
It called on podcast hosts, content creators and digital networks to uphold ethical standards in their public communications and consider the effects of their content on persons with disabilities and their families.
