THE LEGAL ASPECTS OF THE CASE OF MARIS RACAL AND ANTHONY JENNINGS
Even before screenshots of text or chat messages between Maris Racal and Anthony Jennings were leaked today, many people - especially those who were cheated on - have always asked me before about the legality of posting and sharing screenshots of private conversations.
I have always told them that there is such a thing called as the right to privacy. Even cheaters have human rights.
The National Privacy Commission (NPC) clarified in a 2020 advisory opinion that the Data Privacy Act applies to screenshots if they reveal the identities of those involved: “It is worthy to note that the processing, i.e. sending out the screenshot to another person, will only come under the scope of the DPA if personal data is indeed involved—if the conversation/screenshot itself allows for the identification of the parties. If it is simply the content of the conversation, with names and other identities redacted or cropped out of the screenshot, it might not be within the scope of the DPA.”
So even if you were the victim of cheating, by posting screenshots of any alleged affair, not only are you exposing yourself to cyberlibel charges but also to charges for violating data privacy - which is punishable by stiffer and harsher penalties than cyberlibel.
And while the Supreme Court just recently said that there is no violation of the right to privacy if screenshots are used in a criminal case, that is the caveat - the screenshots must be used in a criminal case.
So what’s a girl to do?
Well, you should still take screenshots as evidence of cheating or an affair (especially if you’re married).
Then, what you should do is instead of posting on social media is to file a VAW (violence against women) case - psychological violence caused by infidelity.
And if you’re a public figure or celebrity, let the media report or cover it - then you’ll get the publicity you wanted anyway without the legal liabilities for cyberlibel and data privacy.
When you present the screenshots as evidence in court, that’s when the Supreme Court ruling will apply - that taking screenshots of private conversion is not a violation of the right to privacy when used as evidence in a criminal case.
What’s unfortunate and what I find personally wrong in leaking the screenshots of Maris Racal and Anthony Jennings through social media is the slutshaming of Maris Racal because of her supposed “thirst trap/hungry” messages.
Look what statements have gone viral. 3-4 messages from Maris Racal and only 1, barely viral, from Anthony Jennings (about him disgustingly using method acting as justification).
Cheating is bad. But so is misogyny, enabled by violating the right to privacy.
Victims have human rights. But vindicating your rights should not make more victims.
Even cheaters have human rights.
#Law101
#HumanRights
I was one of those who hated you the most after the Yolanda aftermath. Coming from Tacloban and w/ limited access to news at that time, I definitely felt you left Leyteños on their own being the bailiwick of the Romualdezes and The Marcoses, your archnemesis. 1/n
Davao City Mayor Sebastian Duterte on Sunday said President Ferdinand Marcos Jr. should resign if he does not have love and aspirations for the Philippines. https://t.co/GIiGklJsUX
Rene Lichtman, a "hidden child" survivor of the Holocaust who is now 87, explains in an interview with the World Socialist Web Site (https://t.co/H2FU4n9xqc) why he accuses Israel of acting to the Palestinians as the Nazis did to the Jews. #Gaza_Genocide
“Buti kung makulong ka lang dito sa Pilipinas, [eh kung] ikukulong ka doon sa The Hague? Paano makakabisita ngayon ang apo mo? They will grow up lolo-less. Kawawa naman ang mga apo ko. I love my apo so much,” Dela Rosa emphasized.
READ: https://t.co/kbI7rNGrMI
🇵🇸🇮🇱 An Israeli sniper shoots dead a Palestinian man, who was in a group waving a white flag, moments after he was interviewed by ITV News.
The man was trying to go to his family and help them evacuate.
"We want to go and try to get them, god willing."
An Israeli sniper then shot him dead.
These terrorist bastards need to be punished.
How dare our countries support such an evil, terroristic, racist, apartheid state!?
If evil had a flag, it would be this 🇮🇱
This is Berlin today. Calling for resistance against the Far Right.
All around Germany, people took to the streets in the last days.
History tells us:
We cannot wait until it is too late and Fascists are in power.
We have to stand up to them.
NOW.
Taiwan is in reality a sovereign, independent, democratic country, and until China recognizes this fact the Philippines will continue to reaffirm the One China Policy, officially recognizing the sovereignity of only China and not of Taiwan. What is the problem of China?