December 10, 2024 | 1:51pm
MANILA, Philippines — Several lawyers, including Senate President Francis “Chiz” Escudero, have offered their thoughts regarding the swirling issue about the sharing of screenshots possibly becoming a violation of the Data Privacy Act.
The topic is a result of the recent issue involving Maris Racal and Anthony Jennings after the latter’s ex-girlfriend posted screenshots and photos allegedly showing Jennings cheated on her with Racal.
Both actors have since released apology statements addressing the issue, but discussions continue to flourish in regard to how each party could have acted or should act going forward.
Last week, during a press conference with the media, Escudero alluded to the sharing of screenshots during a discussion about illegal brokers.
Asked if celebrities should be more careful in the conversations they have, the senator quipped that his wife Heart Evangelista asks him to review everything she signs without any payment for the attorney’s fees (Escudero passed the Bar in 1994).
“Wala namang mawawala na maging maingat sinuman, na ‘wag masyado manggigil,” Escudero added.
Related: Maris Racal, Anthony Jennings issue: Lawyer breaks down legal options
The senator was then asked if sharing screenshots is violation of data privacy, and he appeared to allude to the MaThon issue when he joked: “Sinabi na kasing i-delete eh,” and pointed out the existence of a disappearing messages feature.
Escudero then said in his capacity as a lawyer that sharing screenshots on social media violates data privacy, but points out allegations need to be proven in court.
He brought up a recent Supreme Court decision that screenshots can be used as evidence in a criminal case, similar to what fellow lawyer Jesus Falcis had said about the issue.
Crime or no crime?
Other lawyers had differing opinions on whether the issue at hand broke any law.
Legal counsel-turned-filmmaker Joji Alonso said both Racal and Jennings did not commit any crime, though their actions may be considered immoral, as they were not married to their respective partners.
Jennings’ ex who leaked the screenshots was Jamela Villanueva, while Racal’s ex-boyfriend was singer-songwriter Rico Blanco, the latter couple splitting early during the alleged cheating timeline.
Related: Maris Racal’s statement didn’t match exposed screenshots — Boy Abunda
Alonso then said that Villanueva, by sharing the screenshots, may have committed Cyber Libel and Violation of Data Privacy.
“She cannot hide her actions under the guise of ‘moving on.’ Yes, she may have experienced pain and betrayal, but this does NOT give her license to violate the law,” she said, ending with the Latin phrase for “No one can claim the right for themselves.”
Another lawyer, Mark Tolentino, however, backed Villanueva and pointed out she can’t be liable for either crimes as the screenshots did not contain any personal information or any libelous statements.
“Mga landian messages lang naman ‘yun… [Villanueva] is just exercising her freedom of expression, a constitutionally guaranteed right,” Tolentino explained.
Tolentino reiterated Villanueva did not commit libel, even sharing the word’s definition, and celebrities are subject to public consumptions so it wouldn’t be libelous to speak against public figures such as them.
The lawyer again said the Data Privacy Act only covers personal information, which he also explained in full as he ended his point, “Hindi personal information ang kalandiang messages!”
RELATED: Jamela Villanueva clears Instagram feed, deletes posts with ex Anthony Jennings
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