One distinct feature of this generation is the rise of social networking sites like Facebook and Twitter. In a curious way, this generation has developed a confessional nature. This may have been initiated or nurtured by social networking sites that constantly ask, “How’s it going, Juan?” or “What’s happening?”

Inexplicably, the youth, and even adults, now have the tendency to divulge their lives and their thoughts online. Sometimes, the comments on these sites are made with little or no restraint at all, leading to cyber-bashing or defamation.

The newly enacted Cybercrime Law included libel through the use of the computer system as a punishable offense. While the Supreme Court has extended the temporary restraining order on the implementation of the Cybercrime Law, it should be clarified that defamatory words made on social networking sites can still be penalized under the Revised Penal Code.

Click "next" to learn what minors should know about libel law and how they can be held liable for it.

(From L-R: Photo by premasagar via Flickr Creative Commons, photo by Steve Garfield via Flickr Creative Commons, photo by Guillermo Esteves via Flickr Creative Commons, photo by Christian Scholz via Flickr Creative Commons)

What is libel?

Libel is a criminal offense punished by the Article 353 of the Revised Penal Code of the Philippines.

How is libel committed?

The criminal offense of libel is deemed committed when the following are present:

• A person defames a person by labeling him/her with a crime (ex. naming a person a thief or robber) or defect (ex. labeling a person as immoral), whether it is real or imaginary; or attaching a certain act, omission, status, or circumstance to that person (ex. describing a person as "satanic" or "inutile"); and it tends to cause dishonor or discredit to the integrity and reputation of a person.
• There is malice in the statement.
• The statement was made publicly. Making the statement known to at least one person is enough to consider the statement as having been made publicly.
• The victim is identifiable. Although the victim is not named, this element is satisfied if the victim can be identified by a third person or a stranger.

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(Photo by Guillermo Esteves via Flickr Creative Commons)

What are the means of committing libel?

The law expressly lists down the following means of committing libel: writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means (Article 355 of the Revised Penal Code).

Legal experts say that posting on the website or sending a text message or communicating through other electronic means fall under the phrase “any similar means.” Any statements made through the internet, mobile phones, or other electronic means can be considered as libel.

Thus, despite the temporary restraining order imposed by the Supreme Court on the implementation of the Cybercrime Law, the defamatory comments made on websites or through the use of mobile phones or other electronic devices may be deemed as libel.

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(Photo of by premasagar via Flickr Creative Commons)

What is an example of libel committed by minors?

In a recent case, a 16 year old posted in the social networking site Multiply a blog entitled, “Meet MY backstabber FRIEND.” The blog contained comments about another minor, who was referred to by another name, “JOPAY.” Several other minors commented on the blog, labeling “JOPAY” as "backstabber," "ugly," "frikin face," "mother frikin dead kid," "loser," "bakla," "bitch," "ass," and "liar."

In this case, the Department of Justice determined that a case for libel should be filed against the minor who posted the blog and the others who commented therein. The blog was posted in a social networking site which was open to friends, family, and other contacts. And although the victim was not named using her real name, there were witnesses who stated that they were able to identify the victim as the object of the comments.

The elements of libel were present in this case: there were defamatory statements made against a person causing her dishonor; the victim was identifiable; and the comments were made publicly using a social networking site. Under the law, it is presumed that defamatory statements were made with malice. Thus, the Department of Justice recommended that a case be filed against the minor-offenders (JRV CICL-IS-NO. 08-1614 vs. Regional Trial Court of Makati City, et al., CA-G.R. SP No. 125708, Dec. 2012).

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(Photo by Steve Garfield via Flickr Creative Commons)

Can minors be held liable for libel?

Yes. Under the Juvenile Justice and Welfare Act of 2006, minors who are 16 and 17 years old can be held liable if he/she acted with discernment. Those who belong to the age group but acted with no discernment shall be exempted from criminal liability. Teenagers 15 years old and below are absolutely exempt from criminal liability (Republic Act No. 9344).

In relation to this, the Court of Appeals recently ruled that minors can be made to stand trial for libel. In the case mentioned above, the accused minors were 16 years old at the time of the alleged commission of the offense. They raised the defense of minority. However, the Court of Appeals noted in the records that upon investigation, the accused minors were found to have acted with discernment. Thus, they are not exempt from criminal liability (JRV CICL-IS-NO. 08-1614 vs. Regional Trial Court of Makati City, et al., CA-G.R. SP No. 125708, Dec. 2012*).

*The ruling of the Court of Appeals may still be elevated to the Supreme Court.

(Photo by Christian Scholz via Flickr Creative Commons)