Legal Overview: Cyber libel in the Philippines, covered
under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), includes
the unlawful or prohibited acts of libel as defined in the Revised Penal Code,
but committed through a computer system or any other similar means. The absence
of a specific name in a post does not necessarily exempt it from being
considered libelous.
Key Considerations:
Identifiability: Even if a post does not directly mention a
name, if the individual being referred to can be reasonably identified by the
context or circumstantial evidence, it could still be considered libelous.
Defamatory Content: The content must be defamatory, meaning
it must harm the reputation of the individual, expose them to public contempt,
or ridicule.
Malice: The element of malice must be present, meaning there
was an intention to do harm or reckless disregard for the truth.
Practical Advice:
Careful Posting: Exercise caution when posting on social
media, ensuring that your content is not defamatory, even if it is not directly
naming someone.
Consult Legal Advice: If you are unsure about the content of
your post or if you face a cyber libel accusation, seek legal counsel.
Evidence Preservation: If you believe you are a victim of
cyber libel, preserve the evidence (e.g., screenshots of the post) and consider
the context in which the post was made.
Legal Recourse:
Filing a Complaint: Victims of cyber libel can file a
complaint with the Philippine National Police (PNP) Anti-Cybercrime Group or
the National Bureau of Investigation (NBI) Cybercrime Division.
Seek Legal Representation: In cases of being accused or
filing a complaint, it is advisable to have legal representation to navigate
the complexities of cyber libel laws.