Dear Atty Chris Liquigan,
My neighbor always posts lies about me on Twitter and Facebook. They always bash me and it’s affecting my mental health. Can I sue her?
First off, you may sue your neighbor for cyber libel because the Cyber Prevention Act of 2012 specifically condemns online criminal activity.
According to the Section 4(c) of Republic Act 10175 or the “Cyber 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.”
The aforementioned law, defines the same set of libelous acts as those established by the RPC while outlining their commission via “a computer system or any other similar means which may be devised in the future.”
In addition, Article 353 of the RPC defines cyber 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, which is committed through a computer system or any other similar means.
Note that section 360 of the aforementioned law punishes whoever publishes, exposes, or causes to be published or presented a defamatory text:
“Art. 360. Persons responsible. — Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same.”
Hope this helps.
Atty. Chris Liquigan
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