Dear Attorney,

I would like to ask for advice regarding a situation where someone posted a photo and name of my friend on social media, claiming that my friend is a scammer and has wronged others. The person who made the post claims the accusations are true. I am concerned whether they have the right to make such a post and if my friend can file legal action against them. Thank you.

Concerned Friend

Insights

Defamation under Philippine law is defined and governed by the Revised Penal Code, as well as by relevant civil law provisions. Defamation, particularly when committed through writing, posting on social media, or other forms of publication, can either be considered as libel (written defamation) or slander (spoken defamation).

Libel: Definition and Elements

Libel is defined under Article 353 of the Revised Penal Code as a public and malicious imputation of a crime, vice, or defect (real or imaginary) that tends to cause dishonor, discredit, or contempt of a person. In order for an act to be considered libel, the following elements must be present:

Imputation: There must be a defamatory imputation made, which involves alleging a person committed a crime, has a vice or defect, or has engaged in conduct that tends to discredit them.
Publicity: The defamatory statement must have been published, meaning it was communicated to at least one third party. In today's digital age, posting such statements on social media platforms such as Facebook constitutes publication.
Malice: The law presumes malice in libelous acts, particularly when the statement is not a fair and true report of a judicial or legislative proceeding, or if the statement was not made with good motives and justifiable ends.
Identifiability: The person who was defamed must be clearly identifiable, either directly by name or indirectly by the description provided in the post.
Damage: The defamatory imputation must cause dishonor, discredit, or contempt of the person.

Social Media and Libel

Under Republic Act No. 10175 or the Cybercrime Prevention Act of 2012, libel committed through computer systems such as social media platforms (e.g., Facebook, Twitter, Instagram) is treated as cyber libel. The penalties for cyber libel are heavier than those for ordinary libel, with imprisonment ranging from six years and one day to up to eight years.

Defenses Against Libel

Individuals accused of committing libel or cyber libel may use the following defenses:

Truth: If the defamatory statement can be proven to be true and was published with good motives and for justifiable reasons, this can serve as a defense.
Fair Comment: Statements of opinion or fair comment on matters of public interest, provided that they are based on facts, may be considered privileged communication and are not subject to libel.
Qualified Privilege: Communications that are made in the performance of a duty or that are reports of proceedings of official bodies are protected under qualified privilege, unless it can be proven that the statements were made with actual malice.

Remedies for the Aggrieved Party

If someone believes they have been defamed, they may pursue two main legal actions:

Criminal Complaint: The aggrieved party can file a criminal complaint for libel or cyber libel, depending on the platform used. This involves a process that begins with a complaint filed before the prosecutor's office, followed by a determination of probable cause.
Civil Complaint: The defamed party can also file a civil action for damages based on the provisions of Article 33 of the Civil Code, which allows the victim to seek monetary compensation for the harm caused by defamation. The victim can claim moral, exemplary, or actual damages if they can prove injury to their reputation.

Considerations for Social Media Posts

With the rise of social media, many people unknowingly commit acts of defamation without realizing the potential legal consequences. Posting unverified claims or accusations about someone being a scammer or having committed wrongdoing can easily fall within the definition of libel, especially if the accusations are not backed by evidence and are done with malicious intent.

If the claim that someone is a scammer is true, the one posting the statement may still be liable if the motive behind the post is found to be malicious or if it causes undue harm to the person’s reputation without a justifiable reason. In the absence of legal proceedings or a court ruling confirming the guilt of the accused, publicly labeling someone a "scammer" can open the poster to legal consequences.

Best Practices for Avoiding Defamation

Verify Information: Before posting anything on social media, particularly when it involves serious allegations, ensure that the information is verified and accurate.
Consider Privacy: Even if the information is true, think about whether making the information public is necessary or justified. Sometimes, handling disputes privately or through legal channels is more appropriate.
Exercise Caution in Accusations: Public accusations, particularly if unfounded or exaggerated, can lead to defamation lawsuits. It is better to file a police report or seek legal remedies rather than making public accusations on social media.
Seek Legal Advice: If you are unsure whether a statement you wish to publish could be considered defamatory, it is wise to seek legal advice before proceeding.

Conclusion

The laws on libel and cyber libel in the Philippines are clear on protecting individuals from malicious and unfounded accusations that could damage their reputation. While freedom of speech is a constitutionally protected right, it does not grant immunity from legal consequences when that speech defames or injures others. Those who find themselves defamed on social media have both criminal and civil remedies available to them, and it is always advisable to handle such matters with the guidance of a lawyer.