Online Defamation: Who Are Liable For Cyber Libel?

Article 353 of the Philippine Penal Code¹ defines libel as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead”.²

The Philippine Penal Code punishes all kinds of attack that tends to dishonor, slander, demean, or throw shades to natural or juridical person. However, when said penal code was enacted, the crime of cyber libel is not yet defined and penalized, as the internet has not yet existed at that time.

Back in the 2000s, the internet boom happened, and people turned their attention on such space to look for news, information, articles, reference materials, gossip news, and entertainment news online.

This phenomenon also had given rise to social networking sites such as MySpace, Friendster, Linkedin, LiveJournal in the early 2000s and recently to Facebook, Instagram, Twitter, Snapchat, Tiktok, among others, around late 2000s and early 2010.

The digital world we know before has progressed to a much higher and wider degree. This gives people a more accessible and convenient way to connect, communicate, and get in touch with friends and family, access and gather information, look for jobs, and know the latest news with their favorite celebrities, barring any leisure activities.

Every single day, the internet is growing rapidly, providing both positive and negative effects on our lives. There are always two sides in every story, aspect, or changes that we will know and experience.

Though the boom of the internet has paved the way for people’s convenience, efficiency, and speed to do things, it has, as well, created in us laziness, ignorance, and irresponsibility, sometimes, on how things should be done.

The aggravating effects of media nowadays have made us lose our humane touch and moral values. In a way, it has promoted ignorance and insensitivity on respecting other people’s feelings and sufferings. It has created impulsiveness since publication is instant.

Hence, the Philippine Congress has enacted Republic Act No. 10175 also known as “Cybercrime Prevention Act of 2012″³. The said law punishes cybercrime offenses, computer-related offenses, and content-related offenses such as cyber libel.

What are the grounds for Cyber Libel? | How is it committed?

Section 4(c)(4) of the said Act punishes libel in relation to Article 355 of the Revised Penal Code provides:

“(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.”⁴

In relation to Section 4(c)(4) of the Cybercrime Prevention Act of 2012, the elements of cyber libel, based on jurisprudence, are: (a) the allegation of a discreditable act or condition concerning another; (b) publication of the charge; (c) identity of the person defamed; and (d) existence of malice.⁵

As to the first element, the statement must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status or circumstance.

It is considered defamatory if the words used in the statement maligns or induces suspicion, thus, giving rise to false charges that destroys an individual’s reputation. Likewise, it has the objective of twisting the facts that will make the perpetrator more credible.

As to the second element, the publication must be committed through a computer system or any other similar means which may be devised in the future.⁶

It is immaterial as to who the author of the libelous post is. What is important in this element is that another person, other than the author, has read or has knowledge that such statement exists.

There is no crime of libel if the element of publication is not satisfied.

As to the third element, the person defamed must be identified. Based on jurisprudence, in order to maintain a libel suit, it is essential that the victim be identifiable, although it is not necessary that he be named.

“It is enough if by intrinsic reference the allusion is apparent or if the publication contains matters of description or reference to facts and circumstances from which others reading the article may know the plaintiff was intended, or if he is pointed out by extraneous circumstances so that persons knowing him could and did understand that he was the person referred to.”⁷

As to the fourth element, it can be malice in fact or malice in law. There is malice in fact when the offender makes the defamatory statement with the knowledge that it is false or with reckless disregard of whether it was false or not.⁸

How do you prove Cyber Libel?

Proving Cyber Libel is the same as establishing the fact of commission of a certain crime or felony and identifying the perpetrator or author thereof plus his culpability.

The prosecution has to demonstrate every element of the offense as in fact committed. It has to pinpoint the accused that he is really the one, beyond reasonable doubt, who is the author of the defamation.

Cyber Libel is committed through the use of internet space and digital media or platform. Prominent of which are social media, such as Facebook, and blogsites. Consequently, screenshots of such content, where the libelous statements or attributions are contained, can serve as evidence.

When the same are out in the internet, the element of publication is somewhat satisfied. Derogatory statements are presumed to be malicious in the prosecution for libel, unless the exceptions under the law appears or are proven.

What is the punishment for Cyber Libel?

Meanwhile, in malice in law, malice is always presumed however this presumption disappears if the main objective is of good intention and justifiable motive.

Generally speaking, a person who has posted something over the internet resulting damage to someone’s reputation, harming investor’s interest among others, by using untrue and falsified information may be held liable for the crime of cyber libel as long as the elements mentioned above are present.

Moreover, the author of such libelous post is sentenced by one (1) degree higher than that provided under the Revised Penal Code. Penalty to be imposed would be Prision Correccional in its maximum period to Prision Mayor in its minimum period.⁹

However, jurisprudence provides that a person who merely likes, or reacts to a certain post or gives a generic comment is not liable for cyber libel as this does not constitute abetting or aiding in the commission of maligning someone.

As what was expressly provided in the landmark case of Disini vs. Secretary of Justice,¹⁰

“libel in the cyberspace can of course stain a person’s image with just one click of the mouse. Scurrilous statements can spread and travel fast across the globe like bad news. Moreover, Cyber Libel often goes hand in hand with cyberbullying that oppresses the victim, his relatives, and friends, evoking from mild to disastrous reactions. Still, a governmental purpose, which seeks to regulate the use of this cyberspace communication technology to protect a person’s reputation and peace of mind, cannot adopt means that will unnecessarily and broadly sweep, invading the area of protected freedoms”.¹¹

In prosecuting crimes or violations of the law, jurisdiction falls with the Regional Trial Courts. Nevertheless, in cyber libel cases, the question of the proper venue to file a criminal action is not expressly provided under the law.

Cyber Libel Action | Where to file?

Yet, in one case decided by the Supreme Court,¹² it is said that the venue, where the complainant or offended party is a private individual, is limited only to either of two places: a) where the complainant actually resides at the time of the commission of the offense; or b) where the alleged defamatory article was printed and first published.

The main contention to this is to limit the venues to where cyber libel cases can be filed as to prevent a chaotic situation on filing cases to just anywhere in the country on the basis that it was where he accessed the libelous post or article.

With how fast and progressive the world is now coupled with the fact that everyone, regardless of age, turns to social media for the latest news, commentaries, reference materials, gossips and sometimes just plain entertainment, only means that in today’s world social media or the internet knows no boundaries.

With a simple post, statement or blog, you can damage and dictate someone’s future which could lead to undesirable or extreme outcomes.

Final Thoughts

With how abundant online hate, online abuse, online threats, or cyberbullying can lead to suicides and real-life violence, people should know how to practice responsible and ethical communication.

Just like the popular quote “Think before you post”, you have to be responsible for the language and choice of words you used online.

Think with your brain not with your hands and mouth. Posting online is instant, whether it’s public or not, with real-life consequences.

Don’t let your emotions get ahead of you because more often than not, it gives us life-changing consequences that we are not ready to take on.

It ruins our relationship with our friends, family, colleagues and acquaintances, and in a legal sense, we may be held liable for cyber libel.

The digital world is vast and teeming with good and bad information. Having access to the digital world is not really bad. It can be a positive experience for anyone especially with how fast Google answers our questions.

The accessibility and convenience of having all the answers with just one click are well-founded gain for most of the people.

Nonetheless, there’s another side to it: how fast fake news, statements, information, interviews, opinions, private photos, personal messages can be disseminated online in an instant.

Nowadays, what you see and read online can be fake news even if it is posted by a credible source. Just this sentiment alone explains how powerful digital media is right now.

Lastly, let me quote the famous Peter Parker principle that is highly applicable with what’s happening in today’s world, “with great power comes great responsibility”. Hence, one should always make it a point to use social media responsibly in a way that is right, and humane.

1. Revised Penal Code[↩]
2. Reyes, L. (2021), The Revised Penal Code Book Two, page 1237[↩]
3. Republic Act No. 10175[↩]
4. Ibid. RA 10175[↩]
5. Disini vs. Secretary of Justice, G.R. No. 203335, February 11, 2014[↩]
6. Sec. 4(c)(4) of R.A. 10175[↩]
7. Corpus vs. Cuaderno, Sr. G.R. No. L-16969[↩]
8. Supra.[↩]
9. Sec 6 of R.A. 10175[↩]
10. Supra.[↩]
11. Ibid.[↩]
12. Bonifacio vs. RTC Makati, G.R. No. 184800, 5 May 2010[↩]