invocation of his or her right to informational privacy.65
The bases of the instant complaint are the Facebook posts maligning and insulting complainant, which
posts respondent insists were set to private view. However, the latter has failed to offer evidence that
he utilized any of the privacy tools or features of Facebook available to him to protect his posts, or that
he restricted its privacy to a select few. Therefore, without any positive evidence to corroborate his
statement that the subject posts, as well as the comments thereto, were visible only to him and his
circle of friends, respondent's statement is, at best, self-serving, thus deserving scant consideration.66
Moreover, even if the Court were to accept respondent's allegation that his posts were limited to or
viewable by his "Friends" only, there is no assurance that the same - or other digital content that he
uploads or publishes on his Facebook profile - will be safeguarded as within the confines of privacy, in
light of the following:
ch an Rob lesvirt u alLawlib rary
(1)
Facebook "allows the world to be more open and connected by
giving its users the tools to interact and share in any conceivable
way";
(2)
A good number of Facebook users "befriend" other users who are
total strangers;
(3)
The sheer number of "Friends" one user has, usually by the
hundreds; and
(4)
A user's Facebook friend can "share" the former's post, or "tag"
others who are not Facebook friends with the former, despite its
being visible only to his or her own Facebook friends. 67
ch an rob leslaw
Thus, restricting the privacy of one's Facebook posts to "Friends" does not guarantee absolute protection
from the prying eyes of another user who does not belong to one's circle of friends. The user's own
Facebook friend can share said content or tag his or her own Facebook friend thereto, regardless of
whether the user tagged by the latter is Facebook friends or not with the former. Also, when the post is
shared or when a person is tagged, the respective Facebook friends of the person who shared the post
or who was tagged can view the post, the privacy setting of which was set at "Friends." 68 Under the
circumstances, therefore, respondent's claim of violation of right to privacy is negated.
Neither can the Court accept the argument that the subject remarks were written in the exercise of his
freedom of speech and expression.
Time and again, it has been held that the freedom of speech and of expression, like all constitutional
freedoms, is not absolute.69 While the freedom of expression and the right of speech and of the press
are among the most zealously protected rights in the Constitution, every person exercising them, as the
Civil Code stresses, is obliged to act with justice, give everyone his due, and observe honesty and good
faith.70 As such, the constitutional right of freedom of expression may not be availed of to broadcast lies
or half-truths, insult others, destroy their name or reputation or bring them into disrepute.71
A punctilious scrutiny of the Facebook remarks complained of disclosed that they were ostensibly made
with malice tending to insult and tarnish the reputation of complainant and BMGI. Calling complainant a
"quack doctor," "Reyna ng Kaplastikan," "Reyna ng Payola," and "Reyna ng Kapalpakan," and
insinuating that she has been bribing people to destroy respondent smacks of bad faith and reveals an
intention to besmirch the name and reputation of complainant, as well as BMGI. Respondent also
ascribed criminal negligence upon complainant and BMGI by posting that complainant disfigured
("binaboy") his client Norcio, labeling BMGI a "Frankenstein Factory," and calling out a boycott of BMGI's