Thank you for reaching out regarding your concerns about defamation on social media. Under Philippine law, both libel and slander fall under the category of defamation, but they differ based on the medium of communication. I'll help clarify these distinctions and explain how the law applies to your situation.
Libel vs. Slander
Libel
Libel is defamation in written or broadcast form. Under Article 353 of the Revised Penal Code, it involves the public and malicious imputation of a crime, vice, or defect that causes dishonor, discredit, or contempt of another person. The defamatory statements can be made through print media, radio, television, or digital platforms, including social media. Since your issue occurred on social media, libel—specifically cyberlibel—might apply, as it covers defamatory posts or comments made online.Under RA 10175 (Cybercrime Prevention Act of 2012), cyberlibel refers to libel committed through digital platforms, and the penalties for this offense are generally more severe than traditional libel, reflecting the broader and more lasting impact of digital communication.
Slander
Slander, as defined under Article 358 of the Revised Penal Code, is oral defamation, meaning it applies when the defamatory statements are spoken. Slander can be less severe than libel since spoken words may not have the same permanence as written or digital forms. However, spoken insults or defamatory remarks still constitute defamation if they cause harm to a person's reputation.
Elements of Defamation (Libel and Slander)
In both libel and slander cases, certain elements must be present:
- Defamatory statement: The statement must be false and damaging to your reputation.
- Publication: The statement was communicated to someone else aside from you.
- Identifiability: You were identifiable in the statement.
- Malice: The statement was made with intent to harm or defame, or malice is presumed in the case of libel.
Addressing Your Situation
Since the negative comments about you were made on social media, the case would likely fall under cyberlibel. If you wish to pursue legal action, you would need to prove that the comments made are defamatory, false, and were posted with malicious intent. The good news is that cyberlibel cases in the Philippines are treated seriously, with penalties including imprisonment of up to 12 years or fines of up to ₱1,000,000, depending on the severity of the case.
Next Steps
- Document the evidence: Take screenshots or gather any evidence of the defamatory posts. Ensure the content, author, and publication details are clearly captured.
- Consult a lawyer: Since libel and cyberlibel cases can be complex, it’s best to seek legal advice. A lawyer can help you understand the strength of your case, guide you through filing a complaint, and represent you in legal proceedings.
Should you need further assistance or more specific legal advice, feel free to reach out.
Best regards,
[Your Name]
Legal Advisor