Cyber Libel Philippines

Question: What Legal Recourse Do I Have for False Facebook Posts Claiming I Won't Let My Employee Go Home?

Answer:

If someone has made false claims about you on Facebook, stating that you're not allowing your employee to go home, you may have several legal options under Philippine law. These could range from defamation to violations of the Cybercrime Prevention Act of 2012.

Q: What constitutes defamation under Philippine law?

A: In the Philippines, defamation is either "slander" when spoken, or "libel" when written or published. If someone has posted false information about you on social media that harms your reputation, you might be able to sue them for online libel under Article 353 of the Revised Penal Code and the Cybercrime Prevention Act of 2012.

Q: What are the elements of online libel?

A: The elements of libel under Philippine law are:

1. The allegation of a discreditable act or condition concerning another;
2. Publication of the charge;
3. Identity of the person defamed; and
4. The existence of malice.

Q: How do I prove these elements in the context of a Facebook post?

A: To have a case, you need to demonstrate that the individual made a false statement about you online. Screenshots of the posts, the timeline of postings, and the number of shares or comments can all be relevant. Witness testimonies can also be useful.

Q: What about the Cybercrime Prevention Act of 2012?

A: Section 4(c)(4) of R.A. 10175, known as the Cybercrime Prevention Act of 2012, lists libel as one of the punishable offenses. If the defamatory posts were made online, this law could apply.

Q: What penalties might the individual face if found guilty?

A: The penalties for libel under the Revised Penal Code include imprisonment of up to 6 months and a fine. Under the Cybercrime Prevention Act, penalties could be more severe, including higher fines and longer imprisonment.

Q: What immediate steps should I take?

A: You may send a formal demand letter asking the individual to remove the false posts and issue a public apology. If this fails, you may proceed with filing a complaint with the National Bureau of Investigation's Cybercrime Division or the Philippine National Police's Anti-Cybercrime Group.

Q: Can I get an injunction or restraining order against the individual?

A: Yes, you may apply for a Temporary Restraining Order (TRO) to have the posts removed immediately while the case is ongoing.

Q: What if I want to settle this matter without going to court?

A: Alternative Dispute Resolution (ADR) methods like mediation could be a viable option. However, settling out of court usually requires the consent of both parties.

It's essential to consult with a legal expert to assess the specifics of your situation and guide you through the legal process effectively.