Dear Attorney,

I am experiencing harassment from individuals who have scammed me. They took money from me, and after confronting them, they constantly threaten me and spread false and damaging statements. To protect myself, I decided to post about the issue on Facebook. I want to understand my legal rights and the potential risks of sharing my experience online. Am I liable for anything under Philippine laws if I share these posts publicly?

Concerned Individual

Insights

In the Philippines, the legal concept at play here is cyber libel, which falls under the Cybercrime Prevention Act of 2012 (RA 10175). Libel is the act of publicly and maliciously imputing a discreditable act or condition to another person, which tends to cause dishonor, discredit, or contempt against that person. Under the law, if a defamatory statement is made through a computer system, including social media platforms like Facebook, it can be considered cyber libel, a serious offense that carries heavier penalties than traditional libel under the Revised Penal Code.

Key elements of Cyber Libel:

Imputation of a Crime, Vice, or Defect – The statement must accuse someone of a discreditable act or condition.
Publication – The defamatory statement must be communicated to a third party, such as sharing it on social media.
Identifiable Person – The person being defamed must be identifiable in the statement.
Malice – The statement must have been made with the intent to harm the reputation of the person or with reckless disregard for its truthfulness.

It’s essential to weigh the risks before posting online, especially when accusing individuals of wrongdoing, as they may file a cyber libel complaint if they feel defamed. Even if a person believes they are exposing a scam or wrongdoing, this does not protect them from potential liability for cyber libel if their statements meet the legal criteria.

The penalties for cyber libel can include imprisonment of six years and one day to up to twelve years, and/or a fine determined by the court. Because of the severe consequences, it’s crucial to seek legal advice before making public statements online that may harm another person’s reputation.

In cases where you have been wronged, it is recommended to follow legal remedies such as filing a criminal complaint for estafa (fraud) under Article 315 of the Revised Penal Code or pursuing small claims in civil court if applicable, rather than taking matters into your own hands through public online accusations.