In the age of e-commerce, the "Review" section is the digital town square. While a scathing critique of a faulty product or a rude seller feels like a public service, it often raises a terrifying question: Can you be sued for Cyber Libel in the Philippines for a bad review?
The short answer is yes, but the legal reality is nuanced. Under Philippine law, the line between an honest consumer grievance and a criminal act is drawn by four specific elements.
The Legal Framework: RA 10175 and the RPC
In the Philippines, Cyber Libel is governed by Republic Act No. 10175 (Cybercrime Prevention Act of 2012), which refers back to the definition of libel in Article 353 of the Revised Penal Code (RPC).
Libel is defined 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 dishonor, discredit, or contempt of a natural or juridical person.
The Four Elements of Libel
For a seller to successfully sue you for a review, they must prove four things:
- Allegation of a discreditable act or condition: You attributed something negative to the seller (e.g., "This seller is a scammer" or "They sell fake goods").
- Publication: The comment was made public. Since reviews are on platforms like Shopee, Lazada, or Facebook, this is automatically satisfied.
- Identifiability: The victim must be identifiable. If you name the shop or the person running it, this is met.
- Malice: This is the "heart" of the case. Law presumes malice if the statement is defamatory, even if it is true, unless there is a "good intention and justifiable motive."
The Consumer’s Shield: "Fair Comment"
The Supreme Court has long recognized the Doctrine of Fair Comment. This protects your right to express opinions on matters of public interest—which includes the quality of goods and services offered to the public.
A review is generally protected if:
- It is an honest opinion about a product or service.
- It is based on actual facts (e.g., the item really was broken).
- It is not motivated by personal spite or a desire to simply destroy the seller’s reputation without basis.
Important Note: Truth is a defense, but it is not an absolute "get out of jail free" card. Even if the seller did send a broken item, if your review uses foul language, personal insults unrelated to the transaction, or calls for a "witch hunt," the element of malice might still be argued.
When Does a Review Become Criminal?
A review crosses the line into Cyber Libel when it stops being about the transaction and starts being a personal attack.
| Safe Territory | Danger Zone |
|---|---|
| "The item arrived late and was not the color advertised." | "This seller is a thief and probably cheats on their taxes too." |
| "Customer service was unresponsive after multiple follow-ups." | "Don't buy here, the owner is a known scammer in our barangay." |
| "Product quality is poor; it broke after one use. 1 star." | "I hope this shop burns down and the owner goes to jail." |
The Penalties
Cyber Libel is a serious offense in the Philippines. Because it is committed through a computer system, the penalty is one degree higher than traditional libel. This can mean imprisonment ranging from 4 years and 1 day to 8 years, or a fine, or both, in addition to civil damages.
Tips for Writing "Libel-Proof" Reviews
To protect yourself while still holding sellers accountable, follow these guidelines:
- Stick to the Facts: Describe exactly what happened. Use dates, photos of the product, and screenshots of the chat (if relevant).
- Focus on the Product/Service: Avoid attacking the seller’s character, family, or personal life.
- Avoid Labels: Instead of saying "Scammer," say "The item delivered was not what was described and a refund was refused."
- Keep Evidence: If a seller threatens you with a lawsuit, ensure you have kept the product, the packaging, and all communication logs to prove your "justifiable motive."
While the law protects sellers from malicious defamation, it also protects consumers' rights to free speech and truthful disclosure. As long as your review is a factual account of your experience, the law is generally on your side.