Cyber Libel in the Philippines: What You Post Can Put You Behind Bars

In today’s digital age, freedom of expression has found a loud voice on social media. But when does expressing an opinion cross into a crime? In the Philippines, the law is clear: you can be sued for cyber libel—and yes, you can go to jail for something you post online.

Under Article 353 of the Revised Penal Code, libel is a public and malicious imputation of a crime, vice, defect, or act that tends to cause dishonor to a person.

RA 10175 (Cybercrime Prevention Act of 2012) elevated this by penalizing libel committed through a computer system or any similar means, including Facebook, Twitter, Instagram, or blogs.

Cyber Libel is penalized with imprisonment of Prisión Mayor (6 years and 1 day to 8 years), which is harsher than traditional libel.

In Disini v. Secretary of Justice (G.R. No. 203335, 2014), the Court upheld the constitutionality of cyber libel, clarifying that while the law does not criminalize online comments per se, the same elements of traditional libel apply—intent, malice, and publication.

Important Points:

• Posting, commenting, or even sharing defamatory content may be actionable.

• The prescriptive period for cyber libel is 15 years—longer than traditional libel (1 year).

• Truth is not always a defense if done without good motive or justifiable purpose.

Practical Advice:

• Think before you post. If it can ruin someone’s reputation, it can land you in court.

• Avoid name-calling or insinuations online.

• Remember: Digital footprint lasts forever—so do legal consequences.

Summary:

Freedom of expression is protected, but it is not absolute. Cyber libel is real, and ignorance of the law is no excuse.