This article is intended not to aggravate the wrongdoing but to set a lesson to persons who proclaim themselves as Christians but not doers of the word. Names and images of concerned persons are blurred to protect their identity. Offense from this libel material comes from its author and its collaborators, as well (1 Tim. 5:22, 2 Jn. 1:11).
The Bible contains many warnings on this wrongdoing. Above all, the second greatest commandment is disobeyed by accusing someone falsely. Even if the accusation might be true, our Lord Jesus Christ doesn't teach us to degrade others but rather to esteem them (Php. 2:3). I'm reminding all Christians to avoid doing such sin, not even think about it. Consider also that the aggrieved party is put into a test and is provoked, and may fall into sin when angered. It is proper for me to rewrite Paul's message to the Romans, "Therefore let us stop passing judgment on one another. Instead, make up your mind not to put any stumbling block or obstacle in the way of a brother or sister" (Romans 14:13, NIV). This is very important to be considered in everyday Christian living because "A brother offended is harder to be won than a strong city: and their contentions are like the bars of a castle" (Prov. 18:19), making the offender responsible to others and accountable to God. My friends, you were chosen to be free. So don’t use your freedom as an excuse to do anything you want. Use it as an opportunity to serve each other with love (Gal. 5:13).
You may be sued of libel for writing defamation on Facebook public wall. You may also sued of slander is there is any defamation that is spoken or heard.
Collectively known as defamation, libel and slander are civil wrongs that harm a reputation; decrease respect, regard, or confidence; or induce disparaging, hostile, or disagreeable opinions or feelings against an aggrieved individual or entity. The injury to one's good name or reputation is affected through written or spoken words or visual images.
Four elements of evidence are available:
- The author conveyed a defamatory message.
- The material was published in public, specifically in Facebook social networking site, meaning that it was conveyed to someone other than the aggrieved party.
- The aggrieved party could be identified as the person referred to in the defamatory material. Although name was not provided, witnesses are available to prove the reference of the person in the defamatory material.
- The aggrieved party suffered some injury to his reputation as a result of the communication.
- Serious psychological effect, such as stress or disturbed sleep
- Indirect physical injury, such as hypertension
- Resulting negative reputation from family member, friends, school and community since this was publish in public
- Employer withdrew job employment because of this published communication
To prove that the material was defamatory, the aggrieved party can show that at least one other person (other than the aggrieved part) who saw or heard it understood it as having defamatory meaning. Therefore, even if the author contends that the communication was a joke, if one person other than the aggrieved party took it seriously, the communication is considered defamatory.
Defamatory matter is published because it is communicated to someone other than the aggrieved party. The author has loudly accused the aggrieved party of something in a public place where others are present, or made defamatory statements about the aggrieved party in Facebook on-line bulletin board. The defamation need not be printed or distributed to prove valid.
Four reasons that can prove that its validity of a civil case:
- This is a false accusation and no fact is established substantially.
- The aggrieved party has no consent to the publication. In fact, the author removed connection as friend and blocked him.
- This is not an accidental publication. Communication is kept ongoing to the aggrieved party’s relatives, and to the author’s relatives, friends and church members.
- This is not a privilege communication, protected by public policy ground.
BIBLICALLY, this incidence has run over many moral principles, and to name some:
- 2 Timothy 3:1-5, “This know also, that in the last days perilous times shall come. For men shall be lovers of their own selves, covetous, boasters, proud, blasphemers, disobedient to parents, unthankful, unholy, without natural affection, trucebreakers, false accusers, incontinent, fierce, despisers of those that are good, traitors, heady, highminded, lovers of pleasures more than lovers of God; having a form of godliness, but denying the power thereof: from such turn away.”
- Matthew 5:44, “But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you.”
- Philippians 2:3, “Let nothing be done through strife or vainglory; but in lowliness of mind let each esteem other better than themselves.”
- Matthew 18:7, “Woe unto the world because of offences! for it must needs be that offences come; but woe to that man by whom the offence cometh!”
- 1 John 4:20, “If a man say, I love God, and hateth his brother, he is a liar: for he that loveth not his brother whom he hath seen, how can he love God whom he hath not seen?”
These are all warning markers—danger!—in our history books, written down so that we don’t repeat their mistakes. Our positions in the story are parallel—they at the beginning, we at the end—and we are just as capable of messing it up as they were. Don’t be so naive and self-confident. You’re not exempt. You could fall flat on your face as easily as anyone else. Forget about self-confidence; it’s useless. Cultivate God-confidence.
Yours truly,
The Aggrieved Party
More Verses to Ponder
- James 3:6-12 (MSG)
5-6 It only takes a spark, remember, to set off a forest fire. A careless or wrongly placed word out of your mouth can do that. By our speech we can ruin the world, turn harmony to chaos, throw mud on a reputation, send the whole world up in smoke and go up in smoke with it, smoke right from the pit of hell.
7-10 This is scary: You can tame a tiger, but you can’t tame a tongue—it’s never been done. The tongue runs wild, a wanton killer. With our tongues we bless God our Father; with the same tongues we curse the very men and women he made in his image. Curses and blessings out of the same mouth!
10-12 My friends, this can’t go on. A spring doesn’t gush fresh water one day and brackish the next, does it? Apple trees don’t bear strawberries, do they? Raspberry bushes don’t bear apples, do they? You’re not going to dip into a polluted mud hole and get a cup of clear, cool water, are you?
- Proverbs 21:23 (MSG), Watch your words and hold your tongue; you’ll save yourself a lot of grief.
- Proverbs 13:2-3 (MSG)
3 Careful words make for a careful life; careless talk may ruin everything.
- Ephesians 4:29 (MSG), Watch the way you talk. Let nothing foul or dirty come out of your mouth. Say only what helps, each word a gift.
- Colossians 4:5-6 (MSG), Use your heads as you live and work among outsiders. Don’t miss a trick. Make the most of every opportunity. Be gracious in your speech. The goal is to bring out the best in others in a conversation, not put them down, not cut them out.
- Ephesians 5:3-4 (MSG), Don’t allow love to turn into lust, setting off a downhill slide into sexual promiscuity, filthy practices, or bullying greed. Though some tongues just love the taste of gossip, those who follow Jesus have better uses for language than that. Don’t talk dirty or silly. That kind of talk doesn’t fit our style. Thanksgiving is our dialect.
Legal References
The Revised Penal Code of the Philippines, where libel is being discussed, has yet to define “similar means” from among the ways or vehicle to commit libel.
Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.It’s legal basis:
- Anything on Facebook is in writing (Art. 355—Libel means by writing and similar means)
- Facebook is online– therefore it’s “public”. (Art. 355– “any similar means”)
- If the shoutout and other statements on Facebook is amalicious imputation (Art. 353– cause “dishonor”…)
- If the subject of the imputation is named (Elements of libel–”specific”)
- If the statement stays for a while and not removed even the attention of the doer is called– (Elements of libel– “repetitive”)
- “Shout-outs” are addressed to “network of friends” (However, 2 or 3 persons reading it or a third party reading it has already met the requirement of publication of libel.)
- “Pages” on Facebook are not private
- Sending a libelous statement to 2 to 3 people meet the standard for publication in libel.
- Republishing a libelous statement by “cut and paste” is also a libel.
- Creating a hyperlink to a libelous statement is also libel.
- Facebook is not liable for libelous statement.
- (The Electronic Commerce Law (Republic Act 8792) states that a service provider is not liable as long as long as it “does not have actual knowledge, or is not aware of the facts and circumstances” from which unlawful material is published, distributed or disseminated. “Therefore, the only way to hold them liable is when you ask them to take it down. And when they refuse to take it down, then it appears that they agree with the statement,”