Viral Breakup Video? It’s entertainment until it becomes a crime

By Gerome Dalipe IV

A viral breakup video may generate online buzz, but legal experts warn that such content can expose individuals to serious criminal liability under Philippine law.

A recent case involving a boyfriend who secretly accessed his partner’s private messages, printed the conversations as a “gift,” filmed her shocked reaction and posted the video online has drawn attention to the legal risks of turning private disputes into public entertainment.

Under the Cybercrime Prevention Act of 2012, or Republic Act 10175, the act may constitute at least two criminal offenses.

The first is illegal access. The law defines this offense as “the access to the whole or any part of a computer system without right” under Section 4(a)(1). In simple terms, accessing another person’s phone, messages or online accounts without consent, court order or legal authority is prohibited.

The second possible offense is cyber libel. When a public and malicious imputation that harms a person’s reputation is published online or through digital platforms, it may be considered libel committed through a computer system under Section 4(c) of RA 10175 and Article 355 of the Revised Penal Code.

The Supreme Court has ruled that cyber libel is essentially traditional libel committed through digital means but carries stiffer penalties. In Causing v. People, decided in 2023, the high court held that posting defamatory material online increases the penalty by one degree.

Penalties for cyber libel include imprisonment or a fine ranging from PHP 40,000 to PHP 1.5 million, with the use of digital technology treated as an aggravating circumstance.

Legal experts emphasize that consent and privacy remain paramount, regardless of relationship status or online popularity.

“Using someone’s private messages to shame, expose or humiliate them online may give rise to both criminal liability and civil responsibility,” the law provides.

Victims of such acts may pursue criminal charges and seek civil damages for reputational harm.

Ultimately, what may appear to be viral entertainment can quickly become a serious legal issue, serving as a reminder that online actions carry real-world consequences.