Cyber Libel

Good day poh.
Just want to ask, ano po ba ang grounds for cyber libel?

According to the Cybercrime prevention Act of 2012, the grounds are similar to that enumerated in Article 355 of the RPC which deals with libel. The only difference is that cyber libel is done through a computer or other gadget of similar nature.

Here are the elements of libel in the RPC, as solidified by related jurisprudence:

1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance;
2. Imputation must be made publicly;
3. It must be malicious;
4. It must be directed at a natural or juridical person, or one who is dead; and
5. It must tend to cause the dishonor, discredit or contempt of the person defamed.

yung pag grab po ba ng photos para isend s group, pag usapan, pintasan at pagsalitaan ng hindi tama...under din po ba yun ng cyber libel? or may iba po bang legal actions na pwedeng ifile regarding the matter?

as well as yung pag usapan yung tao sa group chat...calling them names and talking bad things about them?

Check the elements of libel that I mentioned and see if the elements are present. Ideally, a lawyer who specializes in criminal law should assess the evidences you have and see if the elements for libel are a match with your facts of the case.

WAS IT MADE PUBLICLY? - you mentioned that this was shared in a group (possibly private). If this was not made in a public forum, you would be hard-pressed in making your case prosper in court.

WAS THERE MALICE BEHIND THE POST? - again, depending on the actual post made that was defamatory, this has to be proven by other witnesses testifying that the messages behind the post was indeed malicious.

DID IT CAUSE DISHONOR OR DISCREDIT ON THE PERSON? - other people should testify about this, and it also depends on the content of the messages.

I highly recommend you hire a lawyer to oversee your case and to file the necessary petitions in court.

Good luck.

thanks a lot

You're welcome.

Good luck on your case.