Social Media Defamation
Defamation Laws in the Philippines
In Philippine law, defamation can be categorized as either slander or libel. Slander pertains to oral defamation, while libel involves written or published defamation. The criminal liability for libel can be found under the Revised Penal Code, and the penalties may include imprisonment, fines, or both.
Oral Agreements and Electronic Evidence
The absence of a written contract does not necessarily absolve an individual from fulfilling a debt obligation. Oral agreements can still be binding, provided there is offer, acceptance, and consideration. In the digital age, electronic messages can also serve as evidence of an agreement, especially if both parties clearly understood the terms and conditions.
The Limitations of Shaming Debtors
Publicly shaming someone for not fulfilling a financial obligation could be considered libelous, especially if it causes irreparable harm to the person's reputation. The act might subject the person making the public post to criminal charges, as well as civil liabilities for damages.
Legal Remedies for Defamed Parties
If you believe you’ve been defamed, it's advisable to consult with a legal expert to determine whether the post constitutes libel or slander under Philippine law. One may also file a complaint for cyber libel under the Cybercrime Prevention Act of 2012, which has its own set of penalties and covers acts committed through a computer system or any other similar means.
Alternatives for Debt Recovery
Creditors have various legal avenues to recover debts, including sending formal demand letters, negotiating new payment terms, or filing a civil case to recover the owed amount. Public shaming is not only legally risky but also ethically questionable.