SC sets rules to verify social media user identity

A new guideline was issued by the Supreme Court (SC) for proving the identity of social media users in criminal cases in connection with the conviction of a man for online psychological violence against his former partner.

The SC's First Division affirmed an eight-year prison sentence for a man, identified only as “XXX,” who posted derogatory statements about his ex-girlfriend on Facebook.

The ruling, dated 22 October 2025, establishes a framework for lower courts to verify account ownership in an era of “dummy” accounts and disinformation.

The SC ruled that courts may use the following to link an account to a defendant:

1. Admission of ownership or authorship;

2. Being seen accessing the account or composing the post;

3. Containing information known only to the offender or a few people;

4. Language consistent with the offender’s characteristics;

5. Records from the internet service provider, telecommunications company, or social media site, and results from device forensic analysis showing geolocation features, and other attributes linking the account to the offender;

6. Acts consistent with previous posts; or

7. Other instances showing ownership, access, or authorship.

The defendant in the affirmed case claimed his account was fake.

But the ruling cited the use of personal family photos and the mention of intimate details known only to the accused and the victim as proof of the account’s authenticity.

The SC said that because accounts can be easily created, fake or dummy accounts can spread, enabling disinformation or identity theft, justifying the need for strict authentication standards.

The SC ordered the defendant to pay a P100,000 fine and undergo psychological counseling in addition to his prison term.