Maria Clara Infantes

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