A Legal Guide in the Philippine Context

In the digital age, the unauthorized and malicious dissemination of CCTV footage has become a common tool for public shaming or "online vigilantism." Under Philippine law, such actions can transcend mere social faux pas and enter the realm of criminal liability under Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012.

1. The Legal Framework

Libel is defined under Article 353 of the Revised Penal Code (RPC) as a public and malicious imputation of a crime, vice, defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person.

Cyber Libel is essentially the same crime but committed through a computer system or any other similar means which may be devised in the future. Section 4(c)(4) of RA 10175 penalizes this act with a penalty one degree higher than that prescribed by the RPC.

2. Elements of Cyber Libel in CCTV Postings

To successfully prosecute a case for cyber libel involving CCTV footage, four essential elements must be proven:

Imputation of a discreditable act or condition: The posting of the video must suggest that the subject is involved in something shameful or illegal (e.g., captioning a video of someone browsing a store as "Watch this shoplifter").
Publication: The footage must be shared with a third person. Posting it on Facebook, TikTok, or X (formerly Twitter) constitutes broad publication.
Identifiability: The victim must be identifiable. Even if the name is not mentioned, if the face or specific circumstances allow the community to recognize the individual, this element is met.
Malice: This is the most critical element. In law, every defamatory imputation is presumed to be malicious, even if it is true, if no good intention and justifiable motive for making it is shown.

3. The Role of the Data Privacy Act (RA 10173)

While cyber libel focuses on the damage to reputation, the act of posting CCTV footage without consent also violates the Data Privacy Act of 2012. CCTV footage containing identifiable images is considered "personal information." Using such data for a purpose other than security (such as public shaming) is a violation of the data subject's rights.

4. Step-by-Step Process for Filing a Case

Phase I: Preservation of Evidence

The first hurdle in cybercrime is the volatility of digital evidence.

Screenshots and Screen Recordings: Capture the post, the captions, the comments, and the URL.
Verification: If possible, have the post "preserved" by the National Bureau of Investigation (NBI) Cybercrime Division or the Philippine National Police (PNP) Anti-Cybercrime Group (ACG) to ensure the metadata is intact.

Phase II: Filing the Complaint

Affidavit-Complaint: The victim must prepare a formal sworn statement detailing how the post was discovered and why it is libelous.
Venue: A cyber libel case may be filed with the Regional Trial Court (RTC) of the province or city where the complainant actually resides at the time of the commission of the offense, or where the offense was committed.
Preliminary Investigation: The complaint is filed with the Office of the City or Provincial Prosecutor. The prosecutor will determine if there is probable cause to bring the case to court.

5. Penalties and Prescription

Penalty: Cyber libel is punishable by prision mayor (6 years and 1 day to 12 years) or a fine, or both.
Prescription Period: While traditional libel prescribes in one year, the Supreme Court has clarified that the prescription period for Cyber Libel is fifteen (15) years, following the categorization of penalties under RA 10175.

6. Defenses Against the Charge

A defendant may argue:

Fair Commentary: If the person in the video is a public official or a public figure and the post relates to their official duties.
Truth and Justifiable Motive: Proving the act happened and that there was a legitimate reason to post it (e.g., a legitimate police "wanted" alert, though this is usually reserved for law enforcement).
Lack of Identification: If the footage is too grainy to identify the specific individual.

Legal Note: In the Philippines, truth is not an absolute defense in libel. Even if the CCTV footage accurately depicts an event, posting it with the intent to humiliate or destroy a reputation can still lead to a conviction for Cyber Libel.