Legal Remedies Against Cyberlibel

By: Eric Benjamin D. Lavadia / April 18, 2025

In today’s digital age, false and damaging statements made on social media can quickly spread and cause real harm to your reputation, livelihood, and peace of mind. Fortunately, Philippine law provides legal remedies to protect individuals against defamatory acts—even those committed online.

Defamation is classified into two types: (a) libel, which is committed through writing, printing, or other similar means; and (b) slander, which is committed orally or through spoken words. Article 353 of the Revised Penal Code defines libel as 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 of a natural or juridical person, or to blacken the memory of one who is dead.

The Cybercrime Prevention Act of 2012 (R.A. No. 10175) further penalizes cyber libel, which is libel committed through a computer system or any digital platform. Thus, if the defamatory statement is posted on Facebook, Twitter (X), TikTok, Instagram, or any other social media platform, it may constitute cyber libel.

To hold someone criminally liable for cyber libel, you must establish the following elements: (a) the statement must be defamatory or injurious to your reputation; (b) the statement must be malicious; (c) the statement was published; and (d) the statement must be directed at a specific, identifiable person (you); and (e) the imputation was done through a computer system. It is not required that the defamatory post goes viral—publication to even just one other person may be enough if all other elements are present.

If you believe you are a victim of cyber libel, you may take the following steps:

1. Preserve the evidence - Take screenshots of the post, including the account name, date, and link. Use timestamps and archive tools, if possible.

2. Seek the assistance of the NBI Cybercrime Division or the PNP Anti-Cybercrime Group - If you intend to pursue legal action, it is essential that your digital evidence is admissible in court. Coordinate with the appropriate cybercrime authorities to ensure that the online post is properly preserved and documented in accordance with evidentiary requirements.

3. File a criminal complaint - Once you have gathered sufficient evidence, you may file a criminal complaint for cyber libel directly with the appropriate Office of the City or Provincial Prosecutor having jurisdiction over the offense.

4. Consider filing a civil action - Aside from a criminal action, you may also pursue a civil case for damages.

While the law offers protection, navigating a cyber libel case—especially involving digital evidence—requires technical knowledge, documentation, and strategy. At Lavadia Law Firm, we assist clients in:

• Assessing if the elements of cyber libel are present;

• Preparing and filing criminal complaints or civil suits;

• Coordinating with cybercrime authorities for investigation and enforcement;

• Negotiating retractions, public apologies, or settlements when appropriate.

We help ensure that your reputation is protected and that defamatory acts are addressed swiftly and lawfully.

Disclaimer: This advisory is for general informational purposes only and does not constitute legal advice. Legal outcomes may vary depending on the facts and available evidence. For guidance tailored to your specific circumstances, please consult our Firm directly.