Dear Attorney,

I have concerns about possible online defamation in which my reputation has been attacked on social media. I want to know if this could be considered cyberlibel, and if so, how I should proceed. Can I file a case, and what are the legal implications for the person responsible? I want to ensure that I take the right steps but I am not familiar with the specific laws concerning cyberlibel in the Philippines.

Concerned Citizen

Insights

Cyberlibel is a form of defamation committed through electronic means or online platforms. In the Philippines, cyberlibel is governed by Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012. This law specifically criminalizes libel that is perpetrated using the internet or any form of technology, such as social media platforms, blogs, or even email.

What is Libel?

Libel, as defined under Article 353 of the Revised Penal Code of the Philippines, is a public and malicious imputation of a crime, vice, defect, or any act that tends to cause dishonor, discredit, or contempt of a person. To be considered libelous, the imputation must be:

Defamatory – The statement must damage the reputation of the individual or group.
Malicious – It must be proven that the statement was made with the intention to harm.
Public – The defamatory statement must be published or publicly made known to at least one person aside from the individual being defamed.
Identifiable – The person being defamed must be identifiable, either explicitly or implicitly, from the statement.

Cyberlibel Under the Cybercrime Prevention Act of 2012

Cyberlibel under Republic Act No. 10175 expands the concept of libel to include defamatory statements made through the use of computers and other electronic devices. The elements of traditional libel remain, but the platform where the libelous act occurs is now primarily electronic in nature. Here are key elements specific to cyberlibel:

Publication through Electronic Means – Cyberlibel involves the use of digital platforms, including but not limited to social media posts, blog articles, online forums, and emails. For instance, a defamatory post on Facebook or Twitter can be subject to a cyberlibel case.
Wider Audience – Unlike traditional libel where the defamatory statement is confined to physical or print media, cyberlibel can reach a much wider audience due to the nature of the internet. A single post can go viral and be seen by hundreds or thousands of people, amplifying the potential damage to the person’s reputation.
Intent to Malign – The Cybercrime Prevention Act does not change the need to prove that the defamatory statement was made with malicious intent. The injured party must prove that the statement was not simply an opinion, but rather made with the intention to harm their reputation.

Penalties for Cyberlibel

Cyberlibel carries heavier penalties compared to traditional libel. Under Section 6 of the Cybercrime Prevention Act, any crime (including libel) committed with the use of information and communications technology (ICT) is subject to a penalty one degree higher than the penalty for the same crime committed without such means. For traditional libel, the penalty is imprisonment from six months and one day to four years and two months (prision correccional), but for cyberlibel, the penalty can extend from six years and one day to eight years (prision mayor).

In addition to imprisonment, those convicted of cyberlibel may also be required to pay a substantial fine to the aggrieved party. Given that cyberlibel cases can involve thousands of potential readers or viewers, courts often view the damage to reputation as more severe, warranting stricter penalties.

Jurisdiction and Venue for Filing Cyberlibel Cases

In the Philippines, cyberlibel cases can be filed in any court where the defamatory statement was accessed or published. This could potentially mean that if the statement was made on social media, the complainant can file the case where they first accessed the libelous content. This makes jurisdiction more flexible compared to traditional libel cases, which are typically filed where the newspaper or printed material was distributed.

Defenses Against Cyberlibel

There are several defenses that the accused may invoke in a cyberlibel case. Some of the common defenses include:

Truth – If the statement made is proven to be true, it cannot be considered libelous. Under Philippine law, the truth of the statement, especially if it involves public figures or matters of public concern, can serve as a defense.
Privileged Communication – There are instances where defamatory statements are considered privileged. Examples of privileged communication include statements made in the course of judicial or legislative proceedings, or in the performance of a legal, moral, or social duty.
Lack of Malice – The defendant may argue that the statement was not made with malicious intent, especially in cases where the statement can be interpreted as an opinion rather than a factual assertion.
Prescriptive Period – Under the Cybercrime Prevention Act, cyberlibel must be filed within one year from the date the defamatory statement was posted or published. Failure to file the case within this period will bar the complainant from pursuing the cyberlibel charge.

How to File a Cyberlibel Case in the Philippines

If you believe that you have been defamed online and wish to file a cyberlibel case, here are the general steps:

Gather Evidence – Take screenshots or document the defamatory statements, including the URL and timestamps. This is important as online content can easily be taken down.
Consult a Lawyer – Seek legal advice from an attorney specializing in cybercrime or defamation. A lawyer can guide you on the merits of your case and assist with the filing process.
File a Complaint – Once you have gathered sufficient evidence, you may file a criminal complaint for cyberlibel with the local prosecutor’s office. The prosecutor will then conduct a preliminary investigation to determine whether there is probable cause to file a case in court.
Proceed with the Trial – If the prosecutor finds probable cause, the case will proceed to court. Both parties will present evidence and testimonies, after which the judge will render a decision.

Conclusion

Cyberlibel is a serious offense in the Philippines, with penalties that can extend to years of imprisonment and heavy fines. Given the prevalence of social media and online platforms, individuals must be cautious about what they post or share online, as defamatory statements can lead to criminal charges. If you believe you are a victim of cyberlibel, it is crucial to gather evidence promptly and seek legal assistance to navigate the complexities of the law. Always consult with a qualified lawyer to ensure that your rights are adequately protected and that you take the necessary legal actions.