In the digital age, the line between freedom of speech and damaging someone’s reputation has become increasingly thin. In the Philippines, the legal framework for addressing online attacks is primarily governed by Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012.
If you are a victim of malicious online posts, comments, or shares, understanding the legal process is the first step toward seeking justice.
1. Defining the Offense
Under Philippine law, Libel is defined as a public and malicious imputation of a crime, vice, or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit, or contempt of a person.
Cyber Libel is simply libel committed through a computer system or any other similar means which may be devised in the future.
Elements of Cyber Libel
To successfully prosecute a case, four elements must be proven:
- Imputation: There must be an allegation of a crime, vice, or defect.
- Publication: The defamatory statement was made public (e.g., posted on Facebook, Twitter, or a blog).
- Identification: The victim must be identifiable, even if not named directly.
- Malice: The statement was made with a "reckless disregard for the truth" or with the intent to harm.
2. Preliminary Steps: Gathering Evidence
Before heading to the authorities, you must secure your evidence. Digital content is volatile and can be deleted in seconds.
- Screenshots: Capture the original post, the timestamp, the profile of the perpetrator, and the URL.
- Recording Engagement: Take note of how many people shared or liked the post, as this speaks to the extent of the damage.
- Verification: If possible, use tools like the Wayback Machine or have a witness present while you document the posts to verify their existence.
3. Where to File the Complaint
In the Philippines, you have two primary specialized units to approach for filing a formal complaint:
| Agency | Department |
|---|---|
| Philippine National Police (PNP) | Anti-Cybercrime Group (ACG) |
| National Bureau of Investigation (NBI) | Cybercrime Division (CCD) |
The Process:
- Affidavit of Complaint: You will be required to execute a sworn statement detailing the incident.
- Evaluation: The agency will evaluate if the elements of Cyber Libel are present.
- Subpoena: The authorities may issue a subpoena to the involved parties or request data from Service Providers (though this often requires a court warrant).
4. The Preliminary Investigation
Once the law enforcement agency completes its report, the case is endorsed to the Office of the City Prosecutor.
- Subpoena: The prosecutor will issue a subpoena to the respondent (the person you are suing), requiring them to submit a Counter-Affidavit.
- Resolution: The prosecutor will determine if there is Probable Cause.
- If YES, an "Information" (criminal charge) will be filed in court.
- If NO, the case will be dismissed.
5. Trial and Jurisdiction
Cyber Libel cases are heard by the Regional Trial Court (RTC) designated as a Special Cybercrime Court.
- Venue: Unlike ordinary libel, the venue for Cyber Libel is more flexible. It can be filed where the complainant resides or where the computer system used is located.
- Prescription Period: There has been significant legal debate regarding the "expiry date" (prescription) of Cyber Libel. While ordinary libel prescribes in 1 year, the Department of Justice has historically argued that Cyber Libel prescribes in 15 years, though recent jurisprudence (such as Tolentino v. People) has sparked discussions on whether it should be shorter.
6. Penalties and Liabilities
Cyber Libel carries a significantly higher penalty than traditional libel.
- Imprisonment: Prision mayor in its minimum period (typically 6 years and 1 day to 12 years).
- Fines: The court may impose fines in addition to, or in lieu of, imprisonment.
- Civil Indemnity: You may also sue for moral and exemplary damages to compensate for the emotional distress and damage to your reputation.
Note on "Sharing": Under the ruling in Disini v. Secretary of Justice, only the original author of the defamatory post can be held liable for Cyber Libel. Those who simply "Like" or "Share" the post without adding new defamatory comments are generally not liable.
7. Important Considerations
- Truth is not always a defense: Even if a statement is true, if it was posted solely to humiliate or out of malice without a "justifiable motive," it can still be considered libelous.
- Public Figures: It is harder for public officials or celebrities to win a libel case because they must prove "Actual Malice"—meaning the perpetrator knew the information was false or acted with reckless disregard for whether it was false.