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dear PAO,

My nei“hbor always posts libelo”s thin“s abo”t me on vario”s online platforms. The posts are filled with lies, and she contin”o”sly bashes me on her social media accounts. Can I s”e her for any crime even though it was committed online?

Nicole

Dear Nicole,

Please be informed of Section 4(c)[4] of Republic Act No. 10175 or the “Cyber Prevention Act of 2012,” which states:

“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.”

Based on the above-stated law, it punishes the same set of acts defined under the Revised Penal Code (RPC) on libel, but outlines its commission, through “a computer system or any other similar means which may be devised in the future.”

Proceeding from the definition of libel under Article 353 of the RPC, cyber libel is defined 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.

It must be noted that Article 360 of the said law punishes the person who shall publish, exhibit or cause the publication or exhibition of a libelous post, to wit:

“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.”

Therefore, you may sue your neighbor who posted lies about you on her social media accounts for cyber libel as her illegal acts were committed through online medium, which is exactly what the Cyber Prevention Act of 2012 prohibits.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.