Cyberlibel under the Cybercrime Prevention Act of 2012

1. What is CYBERLIBEL?

It is 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 a person, or to blacken the memory of one who is dead. Such acts are committed through a computer system .

2. What are the acts punishable and their corresponding penalties?

3. Are the following defenses valid?

“Eh, totoo naman”
General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown

“Eh, di ko naman sya pinangalanan”
It is not necessary that the person be named, if apparent or if the publication contains matters of description from which others reading the article may know the person alluded to

“Eh, kami-kami lang naman ang nakabasa”
It is not required that the person defamed has read or heard about the libelous remark, what is material is that a third person has read or heard the libelous statement

Section 4 (c)(4) of RA 10175
Disini vs Secretary of Justice, GR No. 203335, 11 February 2014
First paragraph of Art. 354, Revised Penal Code.
Manila Bulletin Publishing Corporation & Ruther Batuigas vs. Victor Domingo, et al., G.R. No. 170341, 5 July 2017.