A false statement that a person is positive of the coronavirus is punishable as a libel crime, states a Legal Opinion issued by the Davao City Legal Office (CLO) on Friday.
The CLO issued the Legal Opinion No. 391, Series of 2020 after a netizen complained whose name was falsely posted on social media as Covid-19 positive.
Citing Section 4 of the Republic Act No. 10175 known as the Cybercrime Prevention Act of 2012, the CLO a false statement saying a certain person is positive of coronavirus may be punishable as a libel crime.
“Under the said law, libel is 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 advised in the future. This crime is called cyber libel or internet liber,” the legal opinion stated.
According to the Legal Opinion, the penalty for the crime is “prision correccional” or six (6) and one (1) day to six (6) years imprisonment, or a fine of P200 to P6,000 peso, or both.
It said that the falsely accused can start processing the case by going to the Cybercrime Division of the National Bureau of Investigation (NBI) or the Anti-Cybercrime Group of the Philippine National Police (PNP), as these are the agencies handling the investigation and prevention of cybercrime in the country.
CLO recommended that a captured evidence must reveal the identity of the author of the post, his name, the date, and time the statement was posted.
“Apart from being charged for violation of Republic Act No. 10175 and the civil action for damages which may be simultaneously instituted, the offender may also be charged for violating other related laws,” the Legal Opinion said. CIO
