To determine if an online post/publication is considered libelous, it must have the following elements: (a) an 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.
If all the above elements are present, the next step is to gather all necessary evidence, including a screen capture of the libelous post or publication and the affidavit of a third person who read or viewed the post or publication.
Once all the evidence has been gathered, it is recommended to consult with a lawyer, whether public or private, to draft a 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