The digital age has brought about new ways of communication and sharing information, but it has also created new avenues for harassment and defamation. In the Philippines, the legal framework governing these actions is primarily found in the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) and the Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995).

Cyber Libel (R.A. 10175)

Cyber libel is essentially the traditional crime of libel, as defined in the Revised Penal Code (RPC), committed through a computer system or any other similar means which may be devised in the future.

1. Elements of the Crime

For a person to be convicted of cyber libel, the following elements—derived from Article 353 of the RPC—must be present:

Allegation of a discreditable act or condition: There must be an imputation of a crime, vice, defect, or any act, omission, condition, status, or circumstance.
Publicity: The imputation must be made public. In the context of the internet, posting on social media, blogs, or public forums satisfies this.
Malice: The person making the imputation must do so with ill will or a "reckless disregard for the truth."
Identifiability: The victim must be identifiable, even if not explicitly named.
Use of Information and Communication Technologies (ICT): The act must be committed using a computer system or similar means.

2. The "Higher Penalty" Rule

Under Section 6 of R.A. 10175, crimes defined under the Revised Penal Code committed through ICT are punishable by a penalty one degree higher than those provided in the RPC. For libel, this moves the penalty from prision correccional in its minimum and medium periods to prision correccional in its maximum period to prision mayor in its minimum period.

3. Venue and Prescription

Venue: Unlike traditional libel, where the venue is limited to where the article was first printed or where the offended party resides, cyber libel cases can be filed in the RTC of the province or city where the offense was committed, or where any of its elements occurred, or where the computer system is located.
Prescription Period: The Supreme Court has clarified that the prescription period for cyber libel is fifteen (15) years, significantly longer than the one (1) year period for traditional libel.

Unauthorized Recording and "Blackmail" (R.A. 9995)

The act of recording, sharing, or threatening to share private videos (often colloquially referred to as "revenge porn" or "sextortion") is primarily covered by the Anti-Photo and Video Voyeurism Act of 2009.

1. Prohibited Acts

R.A. 9995 makes it unlawful for any person to:

Take photos or videos of a person or persons performing sexual acts or any similar activity, or of their "private area," without their consent, under circumstances in which the person has a reasonable expectation of privacy.
Capture such images using a device like a hidden camera without the subject's knowledge and consent.
Copy, reproduce, distribute, or publish such images or videos, regardless of whether the original recording was done with or without consent.

2. The "Consent" Trap

A common misconception is that if the video was recorded with consent (e.g., within a relationship), it can be shared freely. This is false. R.A. 9995 explicitly punishes the distribution or exhibition of such material if the distribution itself is not consented to by the person involved.

3. Penalties

Violations of R.A. 9995 carry a penalty of imprisonment ranging from three (3) to seven (7) years and a fine ranging from Php 100,000 to Php 500,000.

Intersection: Blackmail and Extortion

When a person threatens to release a private video unless a demand (money, sexual favors, or an action) is met, several laws overlap:

Robbery/Extortion (RPC): If the threat is used to gain money or property.
Grave Coercion (RPC): If the person is forced to do something against their will.
Cybercrime Prevention Act (R.A. 10175): Section 4(c)(1) specifically penalizes Cybersex, while the law also covers general "illegal access" or "identity theft" if accounts were hacked to obtain the videos.
Violence Against Women and Their Children Act (R.A. 9262): If the victim is a woman or her child and the perpetrator is a current or former partner, the threat of sharing private videos constitutes Psychological Violence.

Key Legal Protections and Redress

Cease and Desist: Victims can seek court injunctions to stop the spread of the material.
Take-down Requests: While not a legal "lawsuit" in itself, the Cybercrime Prevention Act empowers the PNP and NBI Cybercrime Divisions to assist in coordinating with service providers (like Facebook or Google) to remove offending content.
Warrant to Disclose/Examine Computer Data: Law enforcement can obtain warrants to trace the IP addresses and devices used to upload or send the defamatory or private content.

Note on Republic Act No. 11313 (Safe Spaces Act): Commonly known as the "Bawal Bastos Law," this act also penalizes "Gender-based online sexual harassment," which includes uploading or sharing photos or videos without consent, or any online behavior that is "misogynistic, transphobic, homophobic, and sexist."