A case for all PWDs
All it took was a 26-second clip to expose an uncomfortable truth: society’s default setting is still to make persons with disabilities (PWDs) a punchline or an object of ridicule, despite all that talk of inclusivity and laws that protect their rights and dignity.
But it also proved that Philippine social media can be united, even if rarely, in calling out the hosts of “Machong Chismisan” podcast for mocking the older son of actress and TV host Kris Aquino, Josh, who is on the autism spectrum.
In a now-deleted episode, “Tito P,” also known as “Tito Patrioto,” and one of the podcast’s co-hosts jested: “Si Bimby, sobrang okay na anak. Si Josh, walang kuwenta, eh (Bimby is a super okay son. Josh is useless).”
Apologies have since been issued by the podcast hosts, while the Pod Network Entertainment canceled the podcast and scrubbed its digital footprint. But clips have already been widely shared and reposted online. Why was the podcast even approved for streaming? Didn’t an editor or producer review it and decide it was not fit for broadcast? That should be part of the investigation on this issue.
Lack of empathy
Nevertheless, it brought attention to the subject and reminded the public that PWDs deserve respect, and that such acts that violate their well-being and dignity are punishable under Republic Act No. 7277, or the Magna Carta for Persons with Disabilities. This law imposes a fine ranging from P50,000 to P200,000, or imprisonment from six months up to six years for violations.
Josh Aquino is certainly not the only PWD to be ridiculed. This is also not the first time that content creators have been called out for their appalling lack of empathy for PWDs.
Last month, Akbayan party list Rep. Percival Cendaña filed a complaint before the National Bureau of Investigation (NBI) against online influencers and vloggers for supposedly ridiculing his disability and sexual orientation on social media.
Cendaña asked the NBI to investigate at least 30 online accounts for allegedly making posts that may violate RA 7277 and RA 11313, or the Safe Spaces Act. He said he has been subjected to “relentless online attacks” and other “dehumanizing remarks,” and called for a probe into how PWDs are subjected to online bullying, harassment, ridicule, and discrimination.
“For a long time, I have been ignoring these kinds of humiliations and insults against me. But our colleagues from the PWD community themselves said that this should not be ignored because if this is ignored, it will normalize the insults and humiliation of PWDs,” Cendaña said.
Clear standards
But one may ask: Where was the outrage in Cendaña’s case when the mockery was also all over social media?
The lawmaker noted that the attacks pertaining to his physical appearance began after Sen. Ronald “Bato” dela Rosa made a remark against him after he filed an impeachment complaint against Vice President Sara Duterte in 2024. He recalled: “Senator Bato posted and said he would slap me to make my face even. And that’s when we saw the surge in this kind of insult, mockery, and humiliation of me.”
Cendaña further pointed out that the insults and jokes hurled against him reflect on the entire PWD community and should not be without consequences.
In Josh Aquino’s case, Sen. Joel Villanueva said it was not enough for production companies and networks to take down offending content following backlash; that there should be clear standards in place before airing them.
Just how many offending pieces of content are there in podcasts and vlogs that have not been called out because no one had bothered to speak up, or because those targeted simply lacked the platform or clout to defend themselves? And because such casual discrimination against PWDs has not been reported, it has only contributed to further normalizing such abuses under the guise of entertainment or political heat.
Fundamental right
There is, however, no single agency that conducts real-time monitoring of social media content in the country, and that is largely due to the constitutional guarantees protecting freedom of speech and expression. But while freedom of speech and expression is a fundamental right, it is not absolute when it directly infringes upon the rights of others and their human dignity.
The NBI has summoned the hosts of “Machong Chismisan” to determine whether they violated the law. Such actions from the government should not stay performative, though, just because the court of social media has called for their heads and urged that charges be filed against them.
If the government truly wants to protect the rights of PWDs, it should not discriminate and cherry-pick cases to defend. It could make an example of the cases of Josh Aquino and Cendaña to send a clear message that online ableism has legal consequences.
As Cendaña said: “Let’s remember, the online space is not without consequences. What we do there has consequences because we can hurt people.”
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