­

Be Careful What You Post On Facebook, You Might Go To Court For It

In this modern day and age, raves and rants are taken to social media and when your post is made available to the public, any defamatory statement can spread like wild fire in just a few clicks. While one can use freedom of speech as an excuse to post anything, it does not give you a license to say something offensive to another person. Libellous statements that can ruin a person’s reputation or image can make you guilty of the crime of libel. 

Just recently, a woman was found guilty of the crime of libel and ordered to pay the sum of 100,000 to the offended party due to malicious posts. Ramada Vallespin admitted to posting defamatory statements and since the posts were set to public, it seems easy for everyone to gain access to the post and hit like, share or comment. 

According to the three witnesses of the aggrieved party, they were able to read Vallespin’s Facebook posts and said the posts where ‘false and highly defamatory’.  The accused did not present any substantial evidence that would vindicate her. The accused party has violated Article 354 of the Revised Penal Code.

"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:

1. A private communication made by any person to another in the performance of any legal, moral or social duty; and

2. 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."

President Aquino also enacted Republic Act No. 10175, or also referred to as Cybercrime Prevention Act of 2012. The cybercrime offenses mentioned include cybersquatting, child pornography, identity theft, cybersex, libel and illegal access to data.

These cybercrime offenses can be found under Section 4 of Republic Act No. 10175. Now that the law has been implemented, the case of Vallespin definitely serves as a warning to those whose fingers are itching to post on Facebook for the purpose of humiliating and destroying a person’s reputation. While Facebook can provide a perfect avenue for expressions, you are still held responsible for what you post. You may still want to think before you type because you might end up in court for your posts.

Pinoy Attorney

Written by : Pinoy Attorney

­