What is Cyber Libel Case?

CyberLibel Case

CyberLibel is an actor who intentionally intends to make a bad reputation for the plaintiff by posting or declaring an incorrect allegation without further evidence. And even if there is a shred of proven evidence, however, the intention is to bring shame to that person in front of the public and through social media, electronic devices such as computers/mobile, and networking, it is still considered a Cyber Libel case.

The late former President of the Philippines, Benigno Aquino III, signed the Cybercrime Prevention Act of 2012 in the Philippines. The Senate and the House of Representatives in the Philippines enacted the Act. The Cybercrime Prevention Act of 2012  is a Law in the Philippines to address legal issues enabling to safeguard claimants from malevolent insinuation of crime, E-Commerce fraud, forbidding data access or general data protection data privacy, cybersex, child pornography, and one the most common practices that have been abused in the Philippines is the Libel case, which primarily aims for public shaming. 

This article will articulate a Cyber Libel case definition concerning the Revised Criminal Defamation of the 358 Penal Code related to the Cybercrime Prevention Act of 2012 in the Philippines. Therefore, any actors guilty of criminal defamation of Article 358 Penal Code are presumed to face penalties and charges behind bars.

Pinoy Care Reminds you to be kind and guarded.

People can execute an inexcusable act that is feasible to the detriment and could potentially ruin people’s lives. Thus, Pinoy Care objects to bringing awareness to the Filipino Community here in the Czech Republic to be attentive, responsible in every action, and benevolent when we are about to speak, particularly in a problematic conflict. Regardless of how emotional you are, reminisce and be guarded with your words. Don’t let the emotion eat you, or you will become unmannered and can throw stones at someone who does not deserve to grasp. Otherwise, you will be in a despair scenario. You could face charges and possibly be behind bars due to your slanderous behavior and violated Cybercrime under the Penal Code of Cyber Libel.

“Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or 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 blac”en the memory of one who is dead.”

A Plantiftt can bring you to court under Article 353, regardless of the defendant’s justification that they were forced to execute Art. 353 due to the emotional impact of the conflict. Nevertheless, it is not valid reasoning to publicly shame the claimant if your action of posting such a libelous post through social media develops commotion, accumulates a lousy reputation, and threatens and ruins the business or the source of income of the claimdefendant’srmore, unless the defendant’s justification falls to the exception article 354 that the allegation is Fact and accurate, the intention falls to either categorize a good faith or to intentionally publicly shame the claimant.

Art. 355. Libel means by writings or similar means. — A libel committed by means
of paper, printing, lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar means shall be punished by
prison correctional in its minimum and medium periods or a fine ranging from 200
to 6,000 pesos, or both, in addition to the civil action which may be brought by the
offended party.

Who can file a CyberLibel Case?

If YOU think you are a victim of a Libel case under article 353, you have the legal right to file a Libel case. If the Libel Case was implemented abroad, mainly in a Filipino Community. You are entitled to report your concern to the nearest Philippine Embassy/Consulate and discuss the legal issue to promptly address your problem against this libelous post from a Kababayan that ruined your reputation due to a Libelous post they posted through social media the false accusation against you.

Once a Cyber Libel Case is filed, the defendant’s warrant of arrest will come into effect. In addition, if the defendant is found guilty and beyond, to an extent, a threat to the Fildefendant’snity, possible deportation may occur.

Sustain that even if a libelous post through social media is FACT and a TRUE statement with the defendant’s evidence, it does not give a legal right to the defendant to post such an act against you or anyone else. Unless the intention is good faith rather than escalate the issues and publicly shame the plaintiff.