Dear Atty. Peachy,

I was previously involved in a relationship that I now deeply regret, but after a personal transformation, I sought to make amends. I reached out to the wife of my former partner via a video call to apologize. During this call, she was cooperative initially, but I later discovered that she recorded our conversation without my knowledge, claiming it was for evidence. Since then, she has been posting screenshots of my face and mentioning my profile names from Facebook, which feels like blatant cyberbullying.

My father is very upset about this and wants to file a complaint against her for cyberbullying, but I have received conflicting advice from others around me. Some say I should let it go, while others believe that I have valid grounds for action. I want to approach this issue wisely and seek justice without escalating things unnecessarily.

In the Philippines, considering the rise in cyberbullying incidents and the legal frameworks surrounding it, what could be my options in this case?

Thank you for your time and assistance.

Anna

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Dear Anna,

Thank you for sharing your situation with us. It is commendable that you are taking steps to amend your past and seek peace, even in the face of adversity.

In the Philippines, cyberbullying is addressed under Republic Act 10175, also known as the Cybercrime Prevention Act of 2012. This law defines and penalizes various cybercrimes, including cyberbullying, which encompasses the use of technology to harass, threaten, or intimidate individuals. Additionally, your circumstances raise concerns under Republic Act 4200, known as the Anti-Wiretapping Law. Specifically, Section 1 of this act states:

“Any person who, for himself or for another person, or for any purpose, shall tap or intercept any private communication or spoken word by using any device or arrangement shall be imprisoned for not less than six months and not more than six years.”

This provision indicates that recording private conversations, such as your video call, without the consent of all parties involved is illegal and can lead to criminal liability.

Given the circumstances you have described, here are clear steps you can take:

1. Assess the Situation: Reflect on the recording incident. Since you were recorded without your consent during the video call, you may have rights under both the Anti-Wiretapping Law and the Data Privacy Act of 2012.

2. Document the Incidents: Keep a detailed record of any harassment, including screenshots of derogatory posts, messages, and the context of the conversations. This documentation will be crucial if you decide to take action.

3. Explore Your Legal Options: Given the potential legal violations regarding the unauthorized recording and the malicious use of your image, it is important to consider the nature of your desired outcome. If the wife’s actions, including the unauthorized recording and derogatory posts, amount to cyberbullying, you can pursue legal action in regular courts. This avenue allows you to seek appropriate remedies for defamation or harassment, providing a more structured legal response to the situation.

Stay strong, and remember that healing takes time.

Atty. Peachy Selda-Gregorio