Question: What legal action can I take against someone spreading a malicious video about me on Facebook?

Answer: In the Philippines, the act of spreading malicious videos or content without consent could be considered a violation of several laws. Most commonly, these cases may fall under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), which penalizes libel committed through a computer system or any other similar means. You may file a complaint against the individual with your local police station or the National Bureau of Investigation’s Cybercrime Division.

Question: What are the elements of online libel that I have to prove?

Answer: To establish a case for online libel, you must be able to prove the existence of the following elements:

An imputation that discredits or tarnishes the honor, character, or reputation of the person;
Publicity of the imputation;
Identity of the person defamed; and
Malice.

Question: Can I pursue other charges apart from online libel?

Answer: Yes, you may also consider filing a case under the Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995), if the video involves private areas of your body or involves sexual acts. Additionally, the act of sharing such videos without consent can be considered a form of harassment under the Safe Spaces Act (Republic Act No. 11313).

Question: What should be my first step if I discover someone is spreading a malicious video about me?

Answer: Collect evidence. Take screenshots or record the offending posts, along with any comments or shares, as they may be necessary for filing your case. It's crucial to do this quickly as posts can be deleted.

Answer: Yes, you can report the video to Facebook for removal under their community standards. While this doesn’t replace legal action, it can limit further damage by stopping the spread of the video.

Question: What is the role of an attorney in such cases?

Answer: An attorney can guide you through the complex legal process, help you collect evidence, prepare affidavits and other legal documents, and represent you in court proceedings. They can also help you assess the strengths and weaknesses of your case and advise you on the best course of action to take.

Question: How long does a typical online libel case take in the Philippines?

Answer: The duration can vary widely depending on the complexity of the case, availability of the parties and witnesses, and the court’s schedule. It could take several months to a few years for a case to be fully resolved.

If you're facing such a situation, consult a qualified legal professional for advice tailored to your specific circumstances.

Legal Questions on Dealing with Malicious Video Spreading on Social Media in the Philippines