Several lawyers, including Senate President Francis "Chiz" Escudero, shared their opinion on the matter of the possible violation of the Data Privacy Act due to the sharing of screenshots.
This issue is the result of the controversy between Maris Racal and Anthony Jennings after Jennings' ex-girlfriend posted screenshots and pictures that allegedly show her cheating on Racal.
Both actors have issued statements of apology regarding the issue, but the discussion is still ongoing as to how each side should have acted or acted correctly.
Last week, in a press conference, Escudero mentioned the sharing of screenshots in the discussion about illegal brokers.
When asked if celebrities should be careful with their conversations, the senator joked that his wife, Heart Evangelista, reviews all the documents he signs, free of charge as a lawyer (Escudero passed the Bar in 1994). .
"There is nothing to lose for anyone to be careful, not to panic too much," added Escudero.
Did it break the law? When asked if the sharing of screenshots was a violation of data privacy, the senator joked about the issue and said: "It was said to delete it," citing the use of the disappearing messages feature.
As a lawyer, Escudero said that sharing screenshots on social media is a violation of data privacy, but clarified that the accusations must be proven in court.
He also mentioned a Supreme Court decision where screenshots can be used as evidence in a criminal case, as fellow lawyer Jesus Falcis also mentioned.
Crime or Not?
Other lawyers have different views on whether a law has been broken on the issue.
According to legal counsel-turned-filmmaker Joji Alonso, Racal and Jennings committed no crime, although their actions could be considered immoral because they were not married to their respective partners.
Jennings' ex who leaked the screenshots is Jamela Villanueva, while Racal's ex-boyfriend is singer-songwriter Rico Blanco. The two broke up in the early parts of the alleged cheating timeline.
Alonso also said that Villanueva may have violated the Cyber Libel and Data Privacy Act by sharing the screenshots.
"He cannot cover up his actions in the name of 'moving on.' Yes, he may have been hurt, but that does not give him the right to break the law," he added, using a Latin phrase that means "No one can own a right for themselves."
But according to lawyer Mark Tolentino, Villanueva cannot be held responsible because the screenshots do not contain personal information or defamatory statements.
"Those are just fake messages... [Villanueva] is just exercising her freedom of expression, a constitutionally guaranteed right," explained Tolentino.
He added that Villanueva did not violate libel and explained the meaning of this word. According to him, celebrities are part of public consumption so it cannot be considered libel.
Tolentino also explained that the Data Privacy Act only covers personal information, which he explained fully: "Kalandiang messages are not personal information!"
