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0 tracked cards Criminal Law

Scenario: A city information officer, Jordan P., posts on his publicly accessible X (formerly Twitter) account: 'Mayor Luna accepted kickbacks from BrightCity Builders for the river dredging project.' The post is widely viewed and later republished in full by a local online news portal. Mayor Luna files a criminal complaint for cyberlibel under RA 10175, Sec. 4(c)(4). Which of the following statements is correct regarding the offense and the likely outcome under Philippine law?

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E may rely on qualified privilege because she reported corruption as part of her official duties, which immunizes her from cyberlibel liability. E is liable for cyberlibel; the post on a publicly accessible social media account constitutes publication through a computer system, and the subsequent full republication by a local online portal is another publication; the available defenses include truth or privilege, which may bar conviction if substantial truth or privileged communication is proven. Only the online news portal can be liable for cyberlibel for republication; E cannot be prosecuted for cyberlibel based on the original post. The offense here is ordinary libel, not cyberlibel, since the defaming statement was conveyed online, and RA 10175 does not apply to electronic publications.

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