Nowadays, posting screenshots of online chats or conversations has become increasingly common. People turn to posting convos to prove a point, expose someone, or defend themselves in an issue. But can this lead to a legal liability? What are the potential consequences of sharing online conversations without consent?
On Facebook, lawyer-turned-content creator Atty. Anselmo S. Rodiel IV answered netizens' questions about posting screenshots of conversations without consent.
Establishing intent/purpose
Atty. Rodiel explained that there are two common ways people post online chats. The first is when a person posts a screenshot from their phone showing a conversation in which they are involved or part of the convo. Another example is when a person takes a screenshot of a conversation they are not involved in, using another person’s phone or device.
In both instances, it’s important to understand or establish the intent or the motivation of posting those private conversations. “Dahil depende po sa purpose kung magkakaroon ng liability or walang liability,” Atty. Rodiel explained.
The lawyer cited that according to the Supreme Court, if the intent or purpose of exposing or posting these private conversations is for the purpose of the prosecution to investigate a crime, then there’s no legal liability. “Hindi po yan violation of the right to privacy. Wala pong liability sa Data Privacy Act,” Atty. Rodiel explained.
Violence Against Women and Childnren (VAWC)
For instance, a woman posts a private conversation between her ex-boyfriend and another woman, allegedly showing that he cheated on her. The reason for this could be that the woman felt she experienced "psychological violence" as presented in the private chats. If this is the case, the psychological abuse the woman felt could fall under Violence Against Women and Children (VAWC), which relates to harm inflicted on the victim, may it be physical, mental, or emotional.
Atty. Rodiel clarified that VAWC is not limited only to married couples. So, if a woman posts the conversations with the purpose of filing VAWC, there’s no liability because it aims to present proof of a supposed crime.
Is it a violation of the Anti-Wiretapping Law?
No, there’s no violation under this law; technically, you need an unauthorized interception of conversations to be considered “wiretapping.”
Summary:
In summary, if the purpose of posting the private conversations online is to file a VAWC case, there’s no liability.
Additional Info:
Data Privacy Act of 2012
Under this law, individuals are protected against unauthorized access to personal information, financial data, and other forms of confidential, sensitive information, including the contents of private chats. Individuals must provide explicit consent for their data to be collected, processed, or shared.
Cyberlibel
This refers to the act of committing libel through the use of information and communications technology. Under the Cybercrime Prevention Act of 2012, the scope of libel includes
- Any defamatory content posted or published on the internet
- This includes social media posts, blogs, forums, comments, and other online content.
The elements of a cyberlibel:
- Defamatory statement
- Malice
- Publicity
- Identification of the victim
If found guilty of cybercrime, an individual can be punished depending on the possible expanded reach of the post on the digital or online platforms and the severity of the harm caused. Imprisonment can range from 6 months to 12 years. Additionally, a fine may be imposed, which can also range from P200,000 to millions.
— Sally, The Summit Express
