- Determine whether the online post/publication is considered libelous, the following elements must be present:
(a) The allegation of a discreditable act or condition concerning another;
(b) Publication or posting online;
(c) Identity of the person defamed; and
(d) Existence of malice - In case all the above-mentioned elements are present, the next step is to gather all the necessary documentary evidence such as the screen capture of the libelous post or publication and the affidavit of the third person who actually read or view the post or publication.
- After all the documentary and testimonial evidence were gathered, you have to go to a lawyer whether Public or Private for the drafting of the Complaint Affidavit or Sinumpaang Salaysay which will be filed in the Office of the Prosecutor for the Preliminary Investigation.
4 Responses
Goodpm Atty. Please help me to draft a complaint affidavit for cyber libel case.
Pls do help. here’s my email alyssasalonga26@gmail.com
Hi how can i file a case? Someone posted me in hundred of groups with my face on it together with my daughter (6months) and my husband
Please help me sir pinost mo Ung picture nmin ng bf ko at Kung ano2 p sinasabi NV ex Nia at my ng share n po ng photo