Dear Attorney,
I am currently residing abroad and I am facing an issue regarding someone who is spreading false information and defamatory statements about me on social media. This individual is posting on Facebook using my full name. I want to know if I can file a case against them even though they are not physically located in the Philippines. Could you provide guidance on how to proceed with a cyber libel case in this situation?
Sincerely,
Concerned Overseas Filipino
Insights
Cyber libel is a criminal offense in the Philippines, punishable under Republic Act No. 10175 or the Cybercrime Prevention Act of 2012. This law addresses defamation that occurs through electronic means, particularly on platforms like social media. Under Article 353 of the Revised Penal Code, libel is defined as a public and malicious imputation of a crime, vice, or defect, real or imaginary, which tends to cause dishonor, discredit, or contempt of a person. When these acts are done through the internet, it is classified as cyber libel.
In the Philippines, for a cyber libel case to prosper, the defamatory post must have been made public and the identity of the person being defamed must be clear. Furthermore, the libelous statement must have been malicious and have the intent to harm the reputation of the individual.
Since this case involves parties who are not located in the Philippines, it raises the issue of jurisdiction. Despite the physical location of the individuals involved, Philippine courts may still assert jurisdiction if the defamatory statement was accessible in the Philippines, especially if the person being defamed is a Filipino citizen or a permanent resident.
The prescriptive period for filing cyber libel is 15 years, which is significantly longer compared to traditional libel cases (which prescribe in 1 year). This gives the complainant more time to build a case.
For those seeking to file a cyber libel case, the legal process begins with the filing of a complaint at the local prosecutor's office or directly before the court. It is essential to provide evidence of the defamatory posts, such as screenshots or archived versions of the content, along with proof that it was publicly accessible.
Moreover, the imposition of penalties for cyber libel is more severe than traditional libel, with imprisonment of prision mayor (6 years and 1 day to 12 years) as the possible punishment if convicted. The fines can also be substantial.
Filing a cyber libel case can be complex, particularly if the respondent resides abroad. However, the assistance of an attorney experienced in cybercrime laws will be crucial in navigating the legal processes and determining the most effective course of action.