01/08/2019
G.R. No. 202666
[A] person who places a photograph on the Internet precisely intends to forsake and renounce all privacy rights to
such imagery, particularly under circumstances suchas here, where the Defendant did not employ protective
measures or devices that would have controlled access to the Web page or the photograph itself.45
Also, United States v. Maxwell46 held that "[t]he more open the method of transmission is, the less privacy one can
reasonably expect. Messages sent to the public at large inthe chat room or email that is forwarded from
correspondent to correspondent loses any semblance of privacy."
That the photos are viewable by "friends only" does not necessarily bolster the petitioners’ contention. In this regard,
the cyber community is agreed that the digital images under this setting still remain to be outside the confines of the
zones of privacy in view of the following:
(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;"47
(2) A good number of Facebook users "befriend" other users who are total strangers;48
(3) The sheer number of "Friends" one user has, usually by the hundreds; and
(4) A user’s Facebook friend can "share"49 the former’s post, or "tag"50 others who are not Facebook friends
with the former, despite its being visible only tohis or her own Facebook friends.
It is well to emphasize at this point that setting a post’s or profile detail’s privacy to "Friends" is no assurance that it
can no longer be viewed by another user who is not Facebook friends with the source of the content. 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."
To illustrate, suppose A has 100 Facebook friends and B has 200. A and B are not Facebook friends. If C, A’s
Facebook friend, tags B in A’s post, which is set at "Friends," the initial audience of 100 (A’s own Facebook friends)
is dramatically increased to 300 (A’s 100 friends plus B’s 200 friends or the public, depending upon B’s privacy
setting). As a result, the audience who can view the post is effectively expanded––and to a very large extent.
This, along with its other features and uses, is confirmation of Facebook’s proclivity towards user interaction and
socialization rather than seclusion or privacy, as it encourages broadcasting of individual user posts. In fact, it has
been said that OSNs have facilitated their users’ selftribute, thereby resulting into the "democratization of fame."51
Thus, it is suggested, that a profile, or even a post, with visibility set at "Friends Only" cannot easily, more so
automatically, be said to be "very private," contrary to petitioners’ argument.
As applied, even assuming that the photos in issue are visible only to the sanctioned students’ Facebook friends,
respondent STC can hardly be taken to task for the perceived privacy invasion since it was the minors’ Facebook
friends who showed the pictures to Tigol. Respondents were mere recipients of what were posted. They did not
resort to any unlawful means of gathering the information as it was voluntarily given to them by persons who had
legitimate access to the said posts. Clearly, the fault, if any, lies with the friends of the minors. Curiously enough,
however, neither the minors nor their parents imputed any violation of privacy against the students who showed the
images to Escudero.
Furthermore, petitioners failed to prove their contention that respondents reproduced and broadcasted the
photographs. In fact, what petitioners attributed to respondents as an act of offensive disclosure was no more than
the actuality that respondents appended said photographs in their memorandum submitted to the trial court in
connection with Civil Case No. CEB38594.52 These are not tantamount to a violation of the minor’s informational
privacy rights, contrary to petitioners’ assertion.
In sum, there can be no quibbling that the images in question, or to be more precise, the photos of minor students
scantily clad, are personal in nature, likely to affect, if indiscriminately circulated, the reputation of the minors
enrolled in a conservative institution. However, the records are bereft of any evidence, other than bare assertions
that they utilized Facebook’s privacy settings to make the photos visible only to them or to a select few. Without
proof that they placed the photographs subject of this case within the ambit of their protected zone of privacy, they
cannot now insist that they have an expectation of privacy with respect to the photographs in question.
Had it been proved that the access tothe pictures posted were limited to the original uploader, through the "Me Only"
privacy setting, or that the user’s contact list has been screened to limit access to a select few, through the "Custom"
setting, the result may have been different, for in such instances, the intention to limit access to the particular post,
instead of being broadcasted to the public at large or all the user’s friends en masse, becomes more manifest and
palpable.
On Cyber Responsibility
It has been said that "the best filter is the one between your children’s ears."53 This means that selfregulation on the
part of OSN users and internet consumers ingeneral is the best means of avoiding privacy rights violations.54 As a
cyberspace communitymember, one has to be proactive in protecting his or her own privacy.55 It is in this regard that
many OSN users, especially minors, fail.Responsible social networking or observance of the "netiquettes"56 on the
part of teenagers has been the concern of many due to the widespreadnotion that teenagers can sometimes go too
far since they generally lack the people skills or general wisdom to conduct themselves sensibly in a public forum.57
Respondent STC is clearly aware of this and incorporating lessons on good cyber citizenship in its curriculum to
educate its students on proper online conduct may be mosttimely. Too, it is not only STC but a number of schools
and organizations have already deemed it important to include digital literacy and good cyber citizenshipin their
respective programs and curricula in view of the risks that the children are exposed to every time they participate in
online activities.58 Furthermore, considering the complexity of the cyber world and its pervasiveness,as well as the
dangers that these children are wittingly or unwittingly exposed to in view of their unsupervised activities in
cyberspace, the participation of the parents in disciplining and educating their children about being a good digital
citizen is encouraged by these institutions and organizations. In fact, it is believed that "to limit such risks, there’s no
substitute for parental involvement and supervision."59
As such, STC cannot be faulted for being steadfast in its duty of teaching its students to beresponsible in their
dealings and activities in cyberspace, particularly in OSNs, whenit enforced the disciplinary actions specified in the
Student Handbook, absenta showing that, in the process, it violated the students’ rights.
OSN users should be aware of the risks that they expose themselves to whenever they engage incyberspace
activities. Accordingly, they should be cautious enough to control their privacy and to exercise sound discretion
regarding how much information about themselves they are willing to give up. Internet consumers ought to be aware
that, by entering or uploading any kind of data or information online, they are automatically and inevitably making it
permanently available online, the perpetuation of which is outside the ambit of their control. Furthermore, and more
importantly, information, otherwise private, voluntarily surrendered by them can be opened, read, or copied by third
parties who may or may not be allowed access to such.
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It is, thus, incumbent upon internet users to exercise due diligence in their online dealings and activities and must
not be negligent in protecting their rights. Equity serves the vigilant. Demanding relief from the courts, as here,
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