The filing of libel charges against social networking users, reportedly the first case in Cebu, prompted questions whether facebook users can be held liable for posting harmful comments on their own pages. A man and his partner are in legal trouble for posting on their facebook accounts allegedly scathing comments against a public official in February, earlier this year, and now the government prosecutors indicted them for libel.
Cebu Provincial Prosecutor Jane Petralba confirmed yesterday she approved the resolution of Assistant Provincial Prosecutor Rustom Presas Jr., who found cause to hold Victor Vergara and partner Fleurelie on Trial.
“Malice exists when there is an intentional doing of a wrongful act without justifiable cause…posting in a forum, message board, or blog can be considered as publication,” said Presas in his six-page resolution. The case, expected to be filed before the Regional Trial court branch 60 in Barili Town, Cebu. State Prosecutors recommended Php10,000.00 bail for the temporary liberty of each accused.
The respondents in their defense also filed their counter affidavit, they denied the comments they posted in the social networking site were libelous. They argued there is no jurispudence that says their comments on facebook were libelous and that their accounts were private in nature. They said the charges were filed to harass them.
In the resolution, prima facie evidence was found and that the respondents were the authors of the allegedly libelous comments. There is no question that the statements are malicious tending to discredit or impute dishonor and contempt over the person of the complainant who was positively identified” said Persas.
Quoting Cyber law expert Jose Jesus Disini Jr., the ABS-CBN News website reported that a facebook user could be charged with libel if he/she posts negative comments in his account and sends it to at least two people. “That’s enough to meet the standard for publication in libel,” ABS-CBN.com reported, quoting disini, a university of the Philippines law professor. The report citing the 1958 Supreme Court Ruling in People vs. Silvela, said that even an unsealed envelop containing libelous statements constituted libel.
It was Barili Vice Mayor Marlon Garcia that sued the Vergara couple, of Barangay Sta.Ana, Barili, Cebu, for posting negative comments against him on Facebook and for calling him “dumb.” Garcia said the couple posted libelous statements against him on their facebook accounts.
What does this mean for all opinionated facebook users online then? Let’s wait for the conclusion of this case…