Consent and Privacy
Types of Legal Actions
When someone posts your image or information on social media without your consent, there are various legal actions you can take beyond cyber libel. These options include invasion of privacy, unjust vexation, and violation of the Data Privacy Act of 2012.
Invasion of Privacy
The Philippine constitution guarantees the right to privacy. A person who posts someone else's private information or images without consent may be guilty of invasion of privacy under civil or criminal law.
Unjust Vexation
Although not specifically related to privacy, unjust vexation can also be a charge levied against someone for causing annoyance, irritation, or distress. This is a catch-all provision that can be used when more specific laws don't apply.
Data Privacy Act of 2012
The Data Privacy Act of 2012 provides for the protection of personal information processed and stored by both public and private entities. Unauthorized posting of another person’s information could be seen as a violation of this Act.
Republic Act 9262
Also known as the "Anti-Violence Against Women and Their Children Act of 2004," this law can also be applicable if the posting constitutes a form of emotional, psychological, or sexual violence, especially in the context of a relationship.
Identity Theft
If the posting involves the use of your name, picture, or other identifying information for deceptive purposes, you could potentially file a case for identity theft under the Cybercrime Prevention Act of 2012.
Remedies and Recourse
Upon experiencing any unauthorized posting, the first course of action should generally be to request the removal of the content. If the other party is non-compliant, legal actions can be initiated.
Evidence Collection
It is crucial to gather all relevant evidence before initiating a case. Screenshots, links, and any correspondence requesting the removal of the post can serve as evidence in court.
Legal Proceedings
Legal procedures include sending a cease and desist letter, filing a formal complaint with the appropriate agency or court, and following through with the litigation process, which may include negotiation, trial, and potentially, an award for damages.
Legal Representation
Given the complexities involved in these cases, it's advisable to consult with a legal expert who can guide you through the various aspects of the Philippine legal system, including which charges are most appropriate for your situation.