Dear Attorney,

I would like to ask about a situation where someone posted about me on social media, mentioning my name and humiliating me in public. Is it possible to file a case against this person? What legal steps can I take to address this concern?

Sincerely,
A Concerned Individual

Insights

In the Philippines, defamation can take on various forms, including what is known as libel when it occurs in writing or through an online platform. Under the Revised Penal Code, libel is defined as a public and malicious imputation of a crime, vice, or defect, real or imaginary, which tends to cause dishonor, discredit, or contempt of a person. It can be committed through various media, including print, radio, television, or the internet.

Online Libel was explicitly addressed with the enactment of the Cybercrime Prevention Act of 2012 (RA 10175). This law clarifies that libel committed through the use of electronic means such as social media posts, blogs, or other digital platforms is punishable by law. The penalties for online libel are generally higher compared to traditional libel because of the wider reach and potentially more damaging impact of social media.

Requirements for Filing a Case

To establish a case of libel or online libel, certain elements must be present:

Imputation of a Discreditable Act or Condition – The post or publication must convey a statement that negatively affects the reputation of the complainant.
Publication – The defamatory statement must be made public, meaning it was shared with at least one third party aside from the person being defamed.
Identification – The person defamed must be identifiable, either explicitly by name or by sufficient description that others can reasonably identify the individual being referred to.
Malice – The act must have been done with malice, indicating that the person making the defamatory statement intended to cause harm to the reputation of the person involved.

Filing Process

If you believe you have been a victim of online defamation, you can file a case for online libel in either of two ways:

Filing a Complaint at the Office of the Prosecutor – This is the first step in pursuing a criminal case. The prosecutor will assess the merits of your case and determine whether there is probable cause to pursue criminal charges.
Civil Action for Damages – In addition to or instead of pursuing criminal charges, the aggrieved party may file a civil suit for damages under Articles 19, 20, and 26 of the Civil Code of the Philippines, which protect against unjust acts and wrongful acts that cause harm to a person’s rights.

Defenses Against Online Libel

There are valid defenses available for those accused of libel, which include:

Truth – If the statements made are true and have been published with good motives and for justifiable reasons, this can serve as a defense.
Privileged Communication – Some communications are considered privileged and exempt from libel charges. For example, statements made during legal proceedings or in certain official government reports.
Lack of Malice – If the person accused can demonstrate that there was no malicious intent in making the statement, it may weaken the libel claim.

Cybercrime Complaints

When dealing with online libel, the complainant can report the incident to the Cybercrime Division of the National Bureau of Investigation (NBI) or the Philippine National Police – Anti-Cybercrime Group (PNP-ACG) for assistance in gathering digital evidence and filing complaints.

Taking action swiftly and consulting a legal expert is crucial when pursuing these types of cases.