A few days ago, in a GC (group chat) in Facebook, a person posted the photo of another GC member/FB user, captioned with an allegation that the person “has AIDS” so those who had sexual relations with this person should be “scared” or at least “worried”.
When unboxed, there are too many issues to address here, obviously. So let me tackle some of them.
To start, engaging in sexual relations is a mutual decision. Meaning, the responsibility over YOUR body is ON YOU. Unless it’s rape (or even forced sex), then you – yourself – should think of ways to protect yourself, instead of putting the blame on your sexual partner. That is: If you were infected with HIV after having unsafe sex, blame yourself for being unsafe. You can, among others, abstain from having sex, use condoms, get HIV pre-exposure prophylaxis (PrEP), and so on. If you didn’t do so… then don’t blame your sexual partner.
Second, huwag bobo, don’t be stupid re HIV – e.g. we now have U=U, meaning people with HIV who have undetectable viral load and who religiously take their antiretroviral medicines (ARVs) can no longer infect others through sex. Scientifically proven na po ito. Meaning: just because you had sex with a person with HIV, does not mean sa kanya mo mismo nakuha ang HIV infection mo.
Third, we have a law against disclosing other people’s real or assumed HIV status via Republic Act 11166, or the Philippine HIV and AIDS Policy Act.
Article VI, Sec. 44 stresses that “the confidential and privacy of any individual who has been tested for HIV, has been exposed to HIV, has HIV infection or HIV and AIDS-related illness, or was treated for HIV-related illnesses shall be guaranteed”.
Article VII, Sec. 49, meanwhile, stresses the illegality of “bullying in all forms, including name-calling, upon a person based on actual, perceived, or suspected HIV status. including bullying in social media and other online portals”.
If you also illegally got the information about other people’s confidential HIV information, add na rin the violations related to the Data Privacy Act of 2012.
Punishments include: imprisonment of six (6) months to five (5) years, and/or a fine of not less than ₱50,000.00 but not more than ₱500,000.00.
Fourth, those reading posts should always be wary of people who have all these kuda but release them anonymously. I understand the need to protect some sources (DUH!), but if you’re posting claims with unverifiable sources, with your assertions potentially destroying people’s lives, you should at least have the guts to show your face. Otherwise… yeah, your credibility should be questioned.
And lastly, we need to talk about the stigma and discrimination too many in the gay and bisexual community throw against persons living with HIV. 2025 na, and information related to HIV (like U=U) is readily available online na, so hindi na (masyadong) forgivable ang kabobohan.
Instead of attacking PLHIVs, attack – instead – the systems that cause HIV-related issues to happen – e.g. DOH’s on and off issues with procuring lifesaving ARVs that will ensure U=U; profiteering of HIV NGOs that limit the distribution of PrEP; epekto ng simbahan in teaching safer sex; absence of safer sex dispensaries; walang condoms in sex venues; and so on. Ang inaatake mo kasi, naging biktima rin ng maling sistema, so redirect your anger para mas helpful ka in dealing with inequalities.
We can unbox this even more, and – I suppose – we eventually will. But the basic call, the panawagan, stays the same: Huwag tanga.
Don’t be stupid when it comes to HIV, including the existing laws. Huwag tanga related to your sexual health… and yes, rights; tungkulin mo na alagaan ang sarili mo. Tigilan na rin ang fear-mongering that doesn’t help the discourse on HIV; instead na makatulong, gumagawa lang ng unnecessary scandals na nagpapalala ng sitwasyon. Tumulong ka na lang kaya sa giving out of proper education, may silbi ka pa sa LGBTQIA+ community, and – yes – sa lipunan.
