In the digital age, the boundaries of free speech are frequently tested against the protections afforded to an individual’s reputation. In the Philippines, the primary legislation governing this intersection is Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012.
One of its most contentious and frequently litigated provisions is Section 4(c)(4), which criminalizes Cyber Libel.
The Legal Definition
Cyber Libel is not a new crime in its essence; rather, it is the commission of the traditional crime of libel, as defined under the Revised Penal Code (RPC), through a computer system or any other similar means which may be devised in the future.
The Elements of Cyber Libel
To secure a conviction for Cyber Libel, the prosecution must prove the coexistence of the following four elements beyond reasonable doubt:
- Allegation of a Discreditable Fact: There must be a public and malicious imputation of a crime, vice, defect (real or imaginary), or any act, omission, condition, status, or circumstance.
- Malice: The imputation must be made with "malice in law" or "malice in fact." It implies an intention to do a wrongful act without just cause or excuse.
- Publication: The defamatory statement must be communicated to a third person. In the context of cyber libel, this includes posting on social media, sending emails, or publishing on websites.
- Identifiability of the Victim: The person libeled must be identifiable. While the name does not necessarily have to be mentioned, the description must be such that a third person can determine who is being referenced.
- Use of Information and Communication Technology (ICT): This is the qualifying element. The libelous statement must be committed through a computer system or other similar electronic means.
Key Legal Distinctions
1. The "One Degree Higher" Rule
Under Section 6 of R.A. 10175, all crimes defined by the Revised Penal Code, if committed through ICT, shall be penalized with a punishment one degree higher than that prescribed by the RPC.
2. Prescription Period
This has been a point of significant legal debate. While traditional libel under the RPC prescribes in one year, the Supreme Court (notably in the Ressa vs. People context) and subsequent interpretations have suggested that because R.A. 10175 does not explicitly state a prescription period, it falls under Act No. 3326. This extends the prescription period for cyber libel to fifteen (15) years, though recent jurisprudence continues to refine this timeline.
3. Venue of Action
The "multiple publication rule" applies. However, for cyber libel, the criminal action may be filed with the Regional Trial Court of the province or city where the libeled party actually resided at the time of the commission of the offense, or where any of the elements of the crime occurred.
Penalties and Sanctions
The penalties for Cyber Libel are significantly more severe than those for traditional print or broadcast libel:
Imprisonment: Under the RPC, libel is punishable by prision correccional in its minimum and medium periods. Because of the "one degree higher" rule in R.A. 10175, Cyber Libel is punishable by prision correccional in its maximum period to prision mayor in its minimum period.
This translates to a range of 4 years, 2 months, and 1 day to 8 years of imprisonment.
Fines: In addition to or in lieu of imprisonment, the court may impose a fine. Under Circular No. 08-2008, judges are encouraged to exercise a preference for imposing fines over imprisonment if the circumstances warrant leniency, though this is discretionary.
Civil Liability: A person found guilty of cyber libel is also civilly liable for damages (moral, exemplary, and attorney's fees) to the victim.
Republic Act No. 10175 vs. Freedom of Speech
The Supreme Court upheld the constitutionality of Cyber Libel in Disini vs. Secretary of Justice, but with a crucial caveat: it ruled that the law is constitutional only as it applies to the original author of the post. Those who merely "react," "share," or "comment" on a defamatory post without adding new defamatory matter are generally not liable under this specific provision.
| Element | Description |
|---|---|
| Defamatory Imputation | A statement that tends to cause dishonor or contempt. |
| Malice | The intent to injure the reputation of another. |
| Publication | Making the statement known to at least one person other than the victim. |
| Identifiability | The victim can be recognized by the public from the statement. |
| ICT Requirement | The use of a computer, internet, or mobile device to spread the claim. |