With so much mudslinging, criticism, and hate proliferating online, one naturally wonders: what does it take for a message to constitute cyber libel? These hate messages often stem from information circulating on social media, some of which proves valid and legitimate, while a significant portion is entirely fake.

In light of this, threats to file cyber libel from offended parties are becoming common—and may be entirely justified. But what exactly is cyber libel, and what are the consequences of committing this crime? One can face imprisonment for cyber libel based solely on a Facebook post if it falls under Republic Act No. 10175, or the Cybercrime Prevention Act of 2012. This law further expands the coverage of libel to include defamatory statements made online, via social media, or through any electronic means. Hence, every social media user, particularly influencers or page administrators, must be extremely careful about what they post. Any information that is defamatory, made with malice, and damages a person’s reputation is considered cyber libel.

Even if a person is not named directly, the statement can still be considered libelous if the malicious or defamatory imputation can be reasonably pointed to a specific individual. Therefore, cyber libel is not necessarily explicitly stated but can be implied, as defined by the Cybercrime Prevention Act of 2012 in relation to the Revised Penal Code (RPC). To successfully prove a case of cyber libel, the following elements must be established: The victim must be clearly identifiable, either directly by name or indirectly through context. Also, the statement must be proven malicious. Malice is presumed if the defamatory statement is made without a valid reason. This presumption can be rebutted with evidence of a privileged communication or good intentions, but such claims must be sufficiently supported.

Cybercrime offenses extend beyond cyber libel to include crimes like computer-related fraud and identity theft. The authors of fake information or "fake news" often lure people to click on interesting or scandalous headlines, driving traffic to their sites. These clickable sites may contain viruses that can harm your computer or be used to hack your personal information.

Adding to these risks is the advance of artificial intelligence (AI). According to speechify.com, AI can now simulate your voice and even your face—a technique known as face swap (different from AI-generated faces, which are completely new). AI can replicate voices using voice cloning and TTS software. While these new technologies have advantages, they are ripe for misuse by cybercriminals. A victim could even be implicated in a cyber libel case without their knowledge due to the use of face swap and voice cloning. Forbes.com reports that deepfake fraud attempts have surged significantly worldwide in recent years. Companies are thus forced to invest heavily in detection technologies and authentication methods to protect their systems and consumers.

For ordinary people and businesses that lack the funds to invest in protection against these growing technological threats, the only recourse is to be extra careful. In essence, we must not share information, especially defamatory statements, if we are not certain it is correct or valid. We should also avoid posting our own comments if they are false, malicious, or have the potential to harm the reputation of another person.

We are guaranteed the freedom to express our sentiments and opinions, but we must do so with the utmost care, ensuring that what we say is not defamatory, fake, or damaging to another person’s reputation.

To quote Frank Sonnenberg, “freedom of speech is a right, but it also carries responsibility.”