Actress and singer Lindsay Custodio has been charged with cyber libel by her husband, Frederick Cale, over an article published by PEP.ph in 2022. The case has brought to light the complexities of cyber libel laws in the Philippines and the challenges faced by public figures in the digital age.
In a recent episode of Fast Talk with Boy Abunda aired on Tuesday, March 5, host Boy Abunda revisited Lindsay’s previous account of an allegedly traumatic experience on her wedding day with Frederick. According to Boy, Lindsay alleged that before proceeding to their wedding reception, her husband compelled her to withdraw their gift checks and funds from both her personal and their joint accounts to pay for wedding expenses.
Boy further mentioned that Lindsay is currently in Cebu to address the complaint, as Frederick reportedly filed the case there. Before the program, the show’s team spoke with Lindsay, who expressed both shock and disappointment over her husband’s actions. Despite this, she remains confident, believing that the truth is on her side. Lindsay stated, “Nakakalungkot na ‘yun ang ginawa niya. [I am] very disappointed, siyempre, pero okay lang po kasi what I have is the truth naman… I was shocked tsaka disappointed na ‘yun ang ginawa niya though alam naman niya in his heart kung ano ang nangyari talaga.”
This isn’t the first legal battle between the couple. Boy Abunda noted that before the cyber libel case, Frederick had filed a perjury case against Lindsay, which was dismissed by the Muntinlupa Prosecutor’s Office. Additionally, last year, Lindsay filed a case alleging a violation of the Anti-Violence Against Women and Children Act against Frederick. This case was also dismissed by the Muntinlupa Prosecutor’s Office due to jurisdictional issues.
The situation underscores the intricacies of cyber libel laws in the Philippines. Under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), cyber libel is defined as defamatory statements made through a computer system or similar means. The penalties for cyber libel are generally one degree higher than those for traditional libel under the Revised Penal Code, with imprisonment ranging from six months and one day to up to eight years.
For a statement to be considered libelous, it must be defamatory, malicious, and public, and the victim must be identifiable. In cyber libel cases, the mode of publication involves digital platforms, such as social media posts, online articles, emails, blogs, and other internet publications.
Defenses against cyber libel include proving the truth of the statement, lack of malice, privileged communication, and consent of the aggrieved party. However, the application of these defenses can be complex. Truth can serve as a defense if the statement pertains to a matter of public interest, but Philippine law applies this defense primarily to public officers or matters of public concern. In cases involving private individuals, truth might not be a sufficient defense.
The legal proceedings between Lindsay and Frederick highlight the personal and legal challenges that can arise in the context of cyber libel. As the case unfolds, it may shed light on how the Philippine judicial system navigates the balance between protecting individual reputations and upholding freedom of expression in the digital era.