Query: Is it cyberlibel if personal messages are sent to 5 to 7 different persons close to someone being pursued?

In the Philippines, cyberlibel is governed by the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), which addresses crimes committed through the internet or electronic devices. Here’s an in-depth look at the legal aspects of cyberlibel:

Definition of Cyberlibel

1. Cyberlibel under RA 10175: Cyberlibel is essentially libel committed through electronic means. Under Section 4(c)(4) of RA 10175, it is defined as "libel as defined in Article 355 of the Revised Penal Code committed through a computer system or any other similar means which may be devised in the future."

2. Elements of Libel: To constitute libel, the following elements must be present:

Defamatory Imputation: There must be an imputation of a discreditable act or condition to another person.
Publication: The defamatory imputation must be published or communicated to a third party.
Identifiability: The person defamed must be identifiable.
Malice: There must be malice, either in law or in fact.

Application to Personal Messages

1. Publication Requirement: For libel (including cyberlibel) to be actionable, the defamatory statement must be published or communicated to someone other than the person being defamed. Sending personal messages to 5 to 7 different persons close to the individual being pursued can satisfy the publication element, as the statements are communicated to third parties.

2. Defamatory Nature: The content of the messages is crucial. If the messages contain false information that injures the reputation of the person being pursued, it could be considered defamatory.

3. Identifiability and Malice: The messages must clearly identify the person being defamed, and there must be an intent to harm their reputation (malice). If these elements are present, the messages could constitute cyberlibel.

Legal Remedies and Defenses

1. Filing a Complaint: The aggrieved party can file a complaint for cyberlibel with the Cybercrime Division of the National Bureau of Investigation (NBI) or the Philippine National Police (PNP). The complaint should include evidence of the defamatory messages, such as screenshots or recordings.

2. Defenses against Cyberlibel: Several defenses can be invoked in a cyberlibel case, including:

Truth: If the statements are true and made with good motives and for justifiable ends, they may not be considered libelous.
Privileged Communication: Statements made in the performance of a legal, moral, or social duty, and those made in legislative, judicial, or other official proceedings, are considered privileged and not actionable.
Lack of Malice: Demonstrating the absence of malice can also be a defense against a cyberlibel charge.

Penalties for Cyberlibel

1. Penalties under RA 10175: Cyberlibel carries a higher penalty compared to ordinary libel. The penalty ranges from prision correccional in its minimum period (six months and one day to two years and four months) to prision mayor in its minimum period (six years and one day to eight years).

Conclusion

Sending personal messages that contain defamatory statements about an individual to multiple persons can potentially constitute cyberlibel in the Philippines if the elements of defamatory imputation, publication, identifiability, and malice are present. The aggrieved party has the right to file a complaint, and several defenses are available to the accused. Understanding the legal framework surrounding cyberlibel is crucial to navigate and address such situations effectively.