Query: Can I take legal action if defamatory posts about me and my business on Facebook caused my business to go bankrupt?

In the Philippines, cyberlibel is a serious offense that can significantly impact an individual's reputation and business. If defamatory posts on social media have caused your business to suffer financial losses or bankruptcy, you have legal remedies available under Philippine law.

Understanding Cyberlibel

1. Definition of Cyberlibel: Cyberlibel, as defined under Republic Act No. 10175 (Cybercrime Prevention Act of 2012), is libel committed through a computer system or any other similar means. It is essentially the digital equivalent of traditional libel as defined under Article 355 of the Revised Penal Code.

2. Elements of Libel: To establish a case of libel, the following elements must be present:

Defamatory Imputation: A statement that causes discredit or dishonor.
Publication: The defamatory statement must be published or communicated to a third party.
Identifiability: The person defamed must be identifiable.
Malice: There must be intent to defame or actual malice.

Steps to Take

1. Gather Evidence: Document all defamatory posts, including screenshots, URLs, and any related comments. Ensure you have a clear record of the publication date and the individuals who posted or shared the defamatory content.

2. Report to Authorities: File a complaint with the Cybercrime Division of the National Bureau of Investigation (NBI) or the Philippine National Police (PNP). Provide them with all collected evidence to support your claim.

3. File a Civil Case: In addition to criminal charges, you can file a civil case for damages. This can include:

Actual Damages: Compensation for financial losses directly caused by the defamatory posts.
Moral Damages: Compensation for the mental anguish and emotional suffering caused by the defamation.
Exemplary Damages: Additional compensation to serve as a deterrent to others.

Legal Process

1. Filing a Complaint for Cyberlibel: Submit a formal complaint to the appropriate authorities. The complaint should detail the defamatory statements, how they were published, and the impact on your reputation and business. Include all supporting evidence.

2. Preliminary Investigation: The authorities will conduct a preliminary investigation to determine if there is probable cause to file charges. This involves evaluating the evidence and possibly interviewing witnesses.

3. Filing Charges: If probable cause is established, the case will be forwarded to the prosecutor's office, and formal charges will be filed against the person responsible for the defamatory posts.

4. Court Proceedings: The case will proceed to trial, where both parties will present their evidence. The court will determine if the elements of cyberlibel are met and decide on the appropriate penalties and damages.

Penalties for Cyberlibel

1. Imprisonment: Under RA 10175, the penalty for cyberlibel is prision correccional in its maximum period to prision mayor in its minimum period, which ranges from six years and one day to eight years.

2. Fines: The court may impose fines in addition to imprisonment. The amount will depend on the severity of the offense and the impact on the victim.

Conclusion

If defamatory posts on Facebook have caused your business to go bankrupt, you have the right to seek legal recourse under Philippine law. By filing a complaint for cyberlibel and pursuing civil damages, you can hold the responsible parties accountable and potentially recover losses caused by the defamatory statements. It is advisable to consult with a lawyer specializing in cybercrime and defamation to guide you through the legal process and ensure your rights are protected.