GROUP 1

ONLINE LIBEL
Members:
Mallen, Rhea
Micarsos, Paul Bill
Catamco, Kier
Armero, Wendel Joy
 What is Online Libel?

Online Libel or Cyber-libel is a term used when someone has posted or

emailed something that is untrue and damaging about someone else on the
Internet, including in message boards, bulletin boards, blogs, chat rooms,
personal websites, social media, social networking sites, or other published
articles. If you are suing because your reputation was damaged due to a libelous
statement, you do not have to prove that it caused you financial loss because
the law presumes that you suffered a financial loss as a result of the loss of your
reputation.

The basic elements of defamation law remain unchanged on the Internet.

Individuals or entities are still responsible for defamatory statements they
publish, just as they are in print or broadcast media, and the same defenses
apply. Courts have also demonstrated they are not willing to allow Internet
defamers to claim anonymity.

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 Generally, a harmful statement will not amount to libel, if one of the
following defenses applies:

 Made only to the person it is about. If it was only made to the

person mentioned in the statement, and not to anyone else;

 True statements. If it is actually true, and the person making the

statement makes the statement honestly and not maliciously;

 Absolute privilege applies to statements made in court (as evidence

in a trial) or in parliament;

 Qualified privilege protects statements made non-maliciously and

for well-meaning reasons. For example, if an employer is requested to give a
reference for an employee, and they give a statement that is their honest
opinion;

 Fair comment. The defense of fair comment may apply in situations

where statements made were about issues of public interest, as long the
comments were honest statements of opinion, based on fact. If your
statements were malicious, this defense will not apply; and

 Responsible communication of matters of public interest. This

defense is available in libel cases. It allows journalists the ability to report
statements and allegations, in cases where there is a public interest in
distributing the information to a wide audience. However, this defense only
applies where the news was urgent, serious and of public importance, and
the journalist used reliable sources and tried to report both sides of the
issue.

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 Cyber Libel Crime Status
MANILA, Philippines – From 2013 to 2015, online scams consistently
topped the list of most common cybercrimes reported to the Philippine National
Police-Anti-Cybercrime Group (PNP-ACG).

But in 2016 – a year of heated political debates that also took place in
cyberspace – online libel emerged as the top complaint of Filipino internet users,
with 494 complaints recorded compared to 311 recorded in 2015. It comprised
26.49% of the 1,865 cybercrime complaints for 2016.

Meanwhile, online scam complaints came in at second place, with 444

complaints in 2016, up from the 334 complaints recorded in 2015. Rounding up
the top 5 complaints were identity theft, online threats, and violation of the
anti-photo and video voyeurism act.

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 Cyber Libel Cases in the Philippines

 Celebrity stylist Liz Uy files P11M libel case vs Fashion Pulis Blogger

MANILA, Philippines — Celebrity stylist Liz Uy filed cases of online libel and grave
slander with plea for damages amounting to P11 million at the Makati
Prosecutor’s Office on Monday afternoon against Fashion Pulis blogger Michael
Sy Lim for the latter’s “false and malicious” social media posts about the outfits
of Maine Mendoza (aka Yaya Dub).

The 24-page complaint highlighted Lim’s Twitter posts and blog entries at
the Fashion Pulis website, which criticized Uy for making Mendoza wear “a
recycled gown” during Eat Bulaga’s “Tamang Panahon” event at the Philippine
Arena last Oct. 24 and a “hand-me-down jacket” for a magazine photoshoot.

Uy’s legal counsel, lawyer and senatorial aspirant Lorna Kapunan, said the
posts were “meant to destroy the reputation of the celebrity stylist and cause
fans to hate her.”

 Woman from Cebu: First to be charged with online libel under

Cybercrime law

CEBU, Philippines – A woman from Cebu who allegedly maligned a single

mother in a social networking site was the first person to be charged before the
Cebu City Regional Trial Court (RTC) for violating Republic Act (RA) No. 10175
otherwise known as the Cybercrime Prevention Act of 2012.

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 Atara (not her real name) was indicted by the Cebu City Prosecutor’s Office
after it found probable cause that she committed libel in relation to RA 10175.

Bail was set at P10,000 for Atara who posted libelous messages against a
certain Vangie in the latter’s Facebook account. The accused also called Vangie
names like “cheap.”

In her complaint, Vangie said Atara sent her messages through cellular
phone criticizing her for allegedly hurting a man on Sept. 16, 2013. It was further
alleged that Vangie and this man were in an illicit affair.

When the accused threatened Vangie that she will post the libelous
statements on Facebook, the latter deactivated her account. But Atara
continued to malign the complainant.

When Vangie reactivated her Facebook account, she then was able to read
the accused’s accusations against her.

According to Vangie, Atara posted the following statements against her:

“This the counterfeiter, forger and a thief. A lot of cases will be coming out soon
from Cebu. Beware of this woman!”

Vangie then took pictures of the messages and included them in her
complaint.

“(She) clearly does not have any purpose in doing the acts I am
complaining of against her except to malign my name, my person, and my
business standing,” said Vangie.

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 DOs AND DON’Ts to PREVENT ONLINE LIBEL CRIME

To begin, it’s important to understand the point at which statements

normally protected under free speech cross the threshold of online libel.
Generally speaking, libel occurs when:
(1) someone makes a false statement that is harmful to another’s
reputation;
(2) the statement appears to convey a fact, not just an opinion;
(3) it is published or communicated to a third person (online posting
counts);
(4) the person making the statement is at fault; and
(5) the subject of the statement is harmed as a result.
With just a little extra effort and care, this situation can easily be avoided. Below
are some important points to remember and actions one can take to avoid
liability on social media.

1. Think carefully about what you’re writing.

Before you post or tweet, take a second to read it over. Then, consider how it
might effect someone’s reputation. It might be useful to ask yourself, “How
would a reasonable person interpret this?” If the message clearly targets the
reputation of a particular person or group, it might be wise to revise it.

2. Be specific.
It is important to avoid ambiguity where possible. The last thing you want is for
an angry reader to accuse you of saying something that you never intended in
the first place.

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3. Don’t post anything when you’re angry or emotional.
Many of us say and do things we don’t mean, especially in the heat of the
moment. If you’re feeling fired up, wait until you’ve cooled off and are thinking
clearly before clicking “send.” A few extra minutes could go a long way in
preventing backlash from disgruntled readers.

4. If it looks like a fact… make sure it’s actually true before posting.
At the heart of every strong defamation claim is a factual statement that turns
out to be false. With that in mind, it’s not enough to believe what you’re saying
is true—the information should also come from a reliable source. For example, if
you suspected that an online author used copyrighted content without
permission in his latest article, you wouldn’t want to post a message saying that
he “plagiarized his material” unless you had the facts to back it up. To help back
your point up, you might also consider inserting a link to source material if it’s
available.

5. Make it clear when a statement is opinion or joke rather than fact.

In order to avoid having your opinion mistaken for fact, try prefacing statements
with language that clearly tells the reader that your message is opinion-based.
For instance, instead of calling the leader of a Wall Street investment
corporation a “corrupt businessman” or a “thief,” begin the sentence with “I
think,” or “it seems.”

If you post material that makes a joke about a person or business, consider
whether the average reader would be able to tell you are joking; if they could
mistake your joke for fact, it’s probably better not to post it. Also, keep in mind
that on social media folks are likely to read your post quickly, so a joke that
would otherwise be okay could still be problematic if a quick skim wouldn’t
reveal it to be a joke.

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6. Avoid making criminal allegations or associating people with terrorist/hate
groups.
If you accuse someone of a crime or associate them with an undesirable group
such as a terrorist/hate group, you need to have strong evidence that they
committed that crime or are associated with that group. It tends to be safer to
talk about their conduct, rather than to label it. For instance, instead of saying
“Bob Smith committed fraud,” highlight the facts that you know for sure, i.e.,
“Bob Smith was misleading when he assured customers they would get their
money back.” Similarly, rather than identify a police officer as a “Nazi,” or “white
nationalist,” explain instead that they “brutally injured an African American
during a recent arrest.”

7. Be cautious when writing about private citizens.

Generally, the law is less forgiving when you write about private citizens than it
is for public figures. But even for public figures, the law prohibits you from
knowingly making a false statement, or recklessly disregarding the truth of the
statement (i.e. the facts were available but you actively avoided looking at them
before posting).

8. Be careful when adding hashtags to the end of your tweets.

It’s possible that adding a hashtag to a tweet could alter the context of the
original message enough to make it defamatory. For example, if you tweeted
out “Actor Mike Jones was arrested on Tuesday for domestic violence,” the
statement would be perfectly acceptable so long as the arrest actually took
place. However, if you added the hashtag “#rapist”, the statement could now be
considered false and possibly defamatory. Using something like hashtag
“#Speakup,” could help call attention to the issue while minimizing liability on
your end. Also it’s a very good idea to search a hashtag before adding it to the
end of your post, just in case that hashtag has taken on a new and offensive
meaning.

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9. Avoid modifying photos & videos in order to portray a person or business in
a negative light.
It’s common to come across viral photos and videos that have been modified in
order to make someone look bad. While some of these are funny and harmless,
the same can’t be said for others. Generally speaking, the less obvious and
absurd the changes are, the more likely they will be considered defamatory. For
example, suppose you want to create an Internet meme by modifying an image
of a popular athlete. If you altered the image to depict the athlete wearing a
diaper and holding a rattle, it may be acceptable as a parody. In contrast,
consider an image that depicts a popular athlete holding hands with his wife. If
the image were distorted to make it appear that he was beating his wife, it could
now be considered defamatory. If you’re looking to expose a person for
unlawful or immoral activity, stick to original images and unaltered footage.

10. Avoid posting re-used clips that are taken out of context.
For those of you who make films or shorts, you may be aware that it is often
acceptable to re-use copyrighted works when your video brings new meaning to
the borrowed clips under fair use. However, video clips that are fair use in the
context of your video as a whole may no longer receive the same protection if
posted out of that context or individually. For example, suppose that after
proper analysis, you determined that it was fair use to include a short clip of a
Rolling Stones performance in an hour-long documentary that comments on
how their song helped to shape pop culture in the 60’s. Your use of this video
clip would likely not be protected if you then decided to post that same clip
online as a teaser for the rest of your film.

11. Chose appropriate thumbnails for you online videos.

Thumbnail photos can be helpful in peaking a viewer’s interest in a video that
you have created. Because they are the first images people see before clicking
“play,” thumbnail photos should not only be relevant to video content, but
should also reflect their messages. For example, a photo of a celebrity who has
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admittedly undergone numerous plastic surgeries may be an appropriate
thumbnail for a video that sheds light on cosmetic surgery addiction, whereas a
photo of a random man in a park would not be an appropriate thumbnail for a
video about child abduction.

12. Be prepared to issue a correction or apology.

From an ethical standpoint, it looks a lot better if you can show that you acted
responsibly after a mistake was made. Correcting posts and apologizing for
mistakes can also go a long way in easing tempers. In these situations it’s also
best to address matters as soon as they arise—not weeks or even months later.

While it might seem like a lot of information to remember at first, the main idea
is rather simple: it’s best to take a careful and measured approach when
expressing your thoughts and opinions on social media. By understanding the
types of posts and tweets that are problematic, one can go a long way in
avoiding unwanted legal trouble.

This guide will serve as a useful reference for those who have questions about
how the content of their posts could affect the reputations of others. However,
it’s worth noting that the above suggestions are not a substitute for legal advice,
but simply best an assortment of best practices that can help one avoid liability.

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