Cybercrime Prevention Act of 2012 (Republic Act No. 10175),

 

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.