Chapter V

The Blogger’s Freedom of Expression and the Cyber Libel Law

Cybercrime RA 10175 Sec 4(c) (4)

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code,
as amended, committed through a computer system or any other similar means which may be devised
in the future.

Bill of Right Article III

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress
of grievances.
Elements of Freedom of Expression

1. Freedom from Prior Restraint or Censorship

2. Freedom from Punishment

Two Philosophical bases for the guarantee of the right to Freedom of Expression

1. Discover the Truth(Free Market of an Idea)

2. For Self Government

Libel is punished by our Revised Penal Code which states:

Art. 353. Definition of libel. - A libel is 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 of a natural or juridical person, or to blacken the memory of one who is dead.

Art. 354. Requirement for publicity. – 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, except in the following
cases:

1. A private communication made by any person to another in the performance of any legal, moral
or social duty; and
2. A fair and true report, made in good faith, without any comments or remarks, of any judicial,
legislative or other official proceedings which are not of confidential nature, or of any
statement, report or speech delivered in said proceedings, or of any other act performed by
public officers in the exercise of their functions.

Art. 355. Libel means by writings or similar means. A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or
any similar means, shall be punished by prison correctional in its minimum and medium periods or a fine
ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the
offended party.

Strictly speaking, Art. 353 is referring to defamation in general or slander which came from the Spanish
text "defamation" and which was translated in the English text as "libel." The crime "Libel" is defined in
Art. 355. Thus, a good definition of libel should be:

Libel is a defamation committed by means of writing, printing, lithography, engraving, radio,

phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means.

Elements of Defamation

A common question of a common netizen is this: "Since constitutional ang cyber libel, paano ko
malalaman na libelous ang mga ipopost ko?"

A person may only be convicted of an offense if all the elements c that offense are present. If one is
absent, then the accused must be acquitted. For a person to be convicted of defamation, the following
elements should be present.

1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance.
 2. The imputation must be made publicly.
3. It must be malicious.
4. The imputation must be directed at a natural or juridical person, or one who is dead. Here the
identity of the offended party must be clearly identified.
5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed.
6. It must be in writing (for cyber libel; writing must be done through a computer system or any
other similar means which may be devised in the future).

Absolute Privilege of Communication

● Is an interaction between two parties in which the law recognizes a private, protected relationship.

Article 354 of the Revised Penal Code classifies as privileged communications —

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial,
legislative, or other official proceedings which are not of confidential nature, or of any statement,
report, or speech delivered in said proceedings, or of any other act performed by public officers in the
exercise of their functions.

Cyber Libel Prior to RA 10175 (Person Liable for Cyber Libel)

“Art. 360. Persons responsible. — Any person who shall publish, exhibit, or cause the publication or
exhibition of any defamation in writing or by similar means, shall be responsible for the same.

● Simple Stated, Jurisdiction is always under Court of First Instance – now this is called the
Regional Trial Court(RTC)
● With respect to venue,

● If all of the offended parties ARE NOT public official then Venue is at the province or city where
the libelous article is printed and first published
● OR at the province or city where one of the offended parties actually resides at the time of the
commission of the offense:
● ELSE (at least one of the offended parties is a public official) then Venue is at the province or city
where the libelous article is printed and first published
● OR Province or city where the public official holds office at the time of the commission of the
offense:

Please bear in mind that the right to choose the venue belongs to the offended parties. However the
court where the criminal action or civil action for damages is first filed, shall acquire jurisdiction to
the exclusion of other courts.

● First Choice. At the province or city where the libelous article is printed and first published OR

● Second Choice. At the place where one of the offended parties actually reside at the time of the
commission of the offense

CHAPTER VI: Cyber Criminals and the Cybercrime Law

LOVE bug struck the world in the early part of the year 2000

● An email virus has cause 10 billion dollar in losses in as many as 20 countries who is developed
by a Filipino.

The Electronic Commerce Of 2000 RA 8792 signed June 14, 2000

AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC\COMMERCIAL AND NON-
COMMERCIAL TRANSACTIONS, PENALTIES FOR UNLAWFUL USE THEREOF, AND OTHER PURPOSES

SECTION 33. Penalties. — The following Acts shall be penalized by fine and/or imprisonment, as
follows:
a)(32) Hacking or cracking which refers to unauthorized access into or interference in a computer
system/server or information and communication system; or any access in order to corrupt, alter, steal,
or destroy using a computer or other similar information and communication devices, without the
knowledge and consent of the owner of the computer or information and communication system,
including the introduction of computer viruses and the like, resulting in the corruption, destruction,
alteration, theft or loss of electronic data messages or electronic documents shall be punished by a
minimum fine of One hundred thousand pesos (P100,000.00) and a maximum commensurate to the
damage incurred and a mandatory imprisonment of six (6) months to three (3) years;

REASON WHY OTHER COUNTRIES CANNOT PROSECUTE THE “I LOVE YOU VIRUS”

● Penal statutes are governed by the ‘Territoriality” principles which means that the law of the
place where the crime is committed shall be applicable in the administration of justice.

Republic Act No. 9995. "Anti-Photo and Video Voyeurism Act of 2009".

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual act or any
similar activity or to capture an image of the private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks or female breast without the consent of the
person/s involved and under circumstances in which the person/s has/have a reasonable
expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording
of sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of
sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast
media, or show or exhibit the photo or video coverage or recordings of such sexual act or any
similar activity through VCD/DVD, internet, cellular phones and other similar means or devices.
Republic Act No. 9262 Anti-Violence Against Women and their Children Act of 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

RA 10175 SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without right.
(2) Illegal Interception. – The interception made by technical means without right of any non-public
transmission of computer data to, from, or within a computer system including electromagnetic
emissions from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic data message, without right, including the
introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference with the
functioning of a computer or computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available,
without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a computer
system is capable of being accessed with intent that it be used for the purpose of committing any of the
offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said
devices for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from registering the same, if such a domain name is:
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data
with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless
whether or not the data is directly readable and intelligible; or
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or
program or interference in the functioning of a computer system, causing damage thereby with
fraudulent intent: Provided, That if no
Damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another, whether natural or juridical,
without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1)
degree lower.
CONTENT-RELATED OFFENSES

1. CYBERSEX – The willful engagement, maintenance, control, or operation, directly or indirectly,

of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer
cybersex system, for favor or consideration.
The unique element of this offense is that, the willful engagement, maintenance,
control, or operation, directly or indirectly, of
o ANY LASCIVIOUS EXHIBITION OF SEXUAL ORGANS or
o SEXUAL ACTIVITY

Is through the aid of a computer system and it must be done for favor or consideration.

For a person to be guilty of cybersex as defined by the cybercrime law, all the following
elements must be present.

1. There must be a willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity.
2. The lascivious exhibition of sexual organs or sexual activity is done with activity. the aid of or
through the use of a computer system;
3. The activity is done for a favor or consideration;

Art 333 of the Revised Penal Code reads:

Adultery is committed by ANY MARRIED WOMAN who shall have sexual intercourse with a
man not her husband and by the MAN, who has carnal knowledge of her, KNOWING HER TO BE
MARRIED, even if the marriage be subsequently declared void.