The digital era, where anyone can bask in the glory of anonymity, has proven that thoughts indeed travel faster than the speed of light. What used to be a cosmic phenomenon has now been a virtual phenomenon. Everyone yearns to enjoy freedom of speech, but when is too much, too much?
Now that the Cybercrime Prevention Act of 2012 or the Republic Act 10175 has been strengthened, it has also tightened its grip on people violating the law. Andre Philippe LaFlamme, an American national has been found guilty of online libel due to his caustic remarks against his colleague in 2014.
LeFlamme's Facebook posts from 2014 through 2016 pointed to one direction: defaming plaintiff Quennie Samane. A P120,000 bail has already been set to grant LaFlamme's temporary freedom. The posts contained derogatory remarks that tainted the plaintiff's good reputation.
One post showed a photograph of Samane with the heading "I'd do anything for money." Aside from the case of online libel LaFlamme has yet to face another complaint due to threatening other employees.
The prosecutor will file a warrant of arrest after LaFlamme failed to submit his counter-affidavit.
The violation that LaFlamme committed falls under Article 353, 354 and 355 of the Revised Penal Code.
ART. 353. Definition of libel. — A libel is 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.
ART. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:
A private communication made by any person to another in the performance of any legal, moral, or social duty; and
A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.
ART. 355. Libel by means of writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prisión correccional 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.
The case is also in relation to the Cybercrime Prevention Act of 2012
(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.
