Adults aren't the only ones who are liable for libel. Kids, too, may find themselves charged with it because of one irresponsible Twitter of Facebook post. As a parent, it's your responsibility to understand what libel really covers and how it can affect your children. Below are a few questions that might be running through your mind.

If the minors will be found guilty for libel after trial, what penalty will be imposed upon them?

If found guilty, the court shall impose the proper penalty, including the civil liability. However, the sentence shall be suspended automatically. The court shall then proceed in issuing orders for the rehabilitation of the minors, which shall consist of any or a combination of the following:

• Care, guidance, and supervision orders;
• Community service orders;
• Drug and alcohol treatment;
• Participation in group counseling and similar activities;
• Commitment to the Youth Rehabilitation Center of the DSWD or other centers for juveniles in conflict with the law.

However, the sentence shall not be suspended if the minor has already enjoyed suspended sentence in the past or if he/she is already 18 years old or older at the time of judgment (Juvenile Justice Welfare Act of 2006 in relation with Supreme Court Rule on Juveniles in Conflict with the Law).

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(From L-R: Photo by Kate ter Haar via Flickr Creative Commons, photo by Carissa Rogers via Flickr Creative Commons, photo by Enokson via Flickr Creative Commons, photo by Summer Skyes 11 via Flickr Creative Commons)

When shall the minor be discharged?

If the court finds that the minor-offender has behaved properly and shown that he is capable of being a useful member of community, then the court shall order a discharge upon recommendation of the officer in charge of rehabilitation, such as the officer of the Department of Social Welfare and Development.

If the court finds that the minor-offender has not behaved properly and/or failed to comply with the conditions of his rehabilitation, then the court can recall the minor and order the execution of the judgment. This means that the minor can be made to serve his sentence.

Upon reaching 18 years old, the court shall determine whether or not the offender has behaved properly or has complied with the conditions of rehabilitation. Then as mentioned above, the court shall proceed in accordance with its determination--whether to discharge the offender or order the execution of the judgment.

Even if the minor-offender is discharged, the civil liability remains. This means that the parents or other persons exercising parental authority over the minor-offender shall be liable to pay for the damages (Juvenile Justice Welfare Act of 2006 in relation with Supreme Court Rule on Juveniles in Conflict with the Law).

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(Photo by Enokson via Flickr Creative Commons)

What can you do if you think you are the object of cyber-bashing or libel?

• Do not retaliate with a defamatory response. This can also make you liable for libel.
• Seek support from your loved ones.
• Assess the statements further. Have family members and friends determine if they can identify the object of the statements as you.

If a defamatory statement has been posted on your wall, delete it immediately in order to prevent you from further ridicule or humiliation. However, if you intend to take any legal action against the offender, print or save a copy of the page for documentation purposes.

You may file a criminal and/or civil case for damages against the offender. However, know that litigation is risky, costly, and lengthy. This may likewise be emotionally draining. Seek legal counsel so that you can be guided properly as to what action to take.

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(Photo by Summer Skyes 11 via Flickr Creative Commons)

What should you do if someone is accusing you of libel?

For a minor being accused of libel, the best action is to seek legal counsel who can evaluate the case against you and recommend the proper recourse.

What can you do to stay on the safe side?
You can avoid any risk of being accused for libel. Simply avoid negative comments. Exercise restraint in making posts or comments. You are free to speak your mind. But be reminded that even if you think your statement is true, it will still constitute as libel if it will cause shame, disgrace, ruin of reputation, and despise to the person who is the subject of your post or comment and there is no good intention or justifiable motive for making such statement.

(Photo by Kate ter Haar via Flickr Creative Commons)