Cyber Libel Threats Philippines

Dear Attorney,

I’ve been receiving threats from an individual through a dummy account on social media. While the account is anonymous, I know the identity of the person sending these threats. Can you advise on the legal actions I can take in this situation?

Concerned Citizen

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Insights

In the Philippines, cyber libel is a legal offense under Republic Act No. 10175 or the "Cybercrime Prevention Act of 2012." Cyber libel occurs when defamatory statements or threats are made through online platforms, such as social media or messaging apps. Even if the person behind the defamatory statement uses a dummy account, identifying their real identity strengthens a legal claim against them.

Elements of Cyber Libel

To establish a case for cyber libel, several elements must be proven:

1. Defamatory Imputation – There must be a malicious statement or threat made against a person’s reputation.
2. Publication – The statement must be shared online and be visible to third parties, even if posted under a dummy account.
3. Identifiable Victim – The victim must be clearly identifiable in the defamatory content.
4. Malice – Malice is presumed if the threat or defamatory content is not justified.

Legal Remedies

If an individual is receiving threats via a dummy account, and they know the identity of the person behind the account, the victim can file a complaint for cyber libel. This may lead to a criminal case being filed against the perpetrator. The person behind the dummy account can be tracked down through the help of the National Bureau of Investigation (NBI) or other cybercrime units, which have the technology to identify users behind anonymous accounts.

Penalties

Cyber libel in the Philippines carries higher penalties than traditional libel. The imprisonment term may range from six years and one day to twelve years, depending on the court’s ruling.

Filing the Case

Victims of cyber libel must file a complaint within one year from the date the offense was discovered. The victim can also seek damages for the harm caused by the threats or defamatory statements.