Publishing the private life of an individual may be a criminal offense – subject to certain requirements.
1. Concept
Private life – refers to that area or sphere of an individual’s life which is not readily accessible to the public, and, in some cases, intentionally kept away from the prying eyes of others.
a. Legal basis
Art. 357. Prohibited publication of acts referred to in the course of official proceedings. – The penalty of arresto mayor or a fine of Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000), or both, shall be imposed upon any reporter, editor or manager of a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.
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2. Modes of commission
The following are the modes of committing the offense:
1) Publishing facts connected with the private life of another
a. Mode 1: Publication of private life
Elements of the offense:
1) The offenders are either a reporter, editor or manager of a newspaper, daily or magazine;
2) They publish facts connected with the private life of another; and
3) The publication are offensive to the honor, virtue and reputation of said person. (Article 357, Act No. 3815, Revised Penal Code)
NB: Even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned – it is not a defense. (Ibid.
1). Element 1: Reporter, editor or manager of a newspaper, daily or magazine
The offenders in this offense are specific individuals, to wit:
1) Reporter;
2) Editor; or
3) Manager of a newspaper, daily or magazine.
When an offense limits culpability to specific individuals, then only they may be held criminally liable for the said offense. Otherwise stated, those who are neither reporters, editors, nor managers of a newspaper, daily or magazine may not be held criminally liable for publishing facts connected with the private life of another.
a) Are publishers considered managers?
Publishers are not specified in the list.
While they are not so stated in the list, they may be included in the definition of “manager” as such role/position is broad enough to cover anyone who acts for and on behalf of the management. In a media company, publishers are held to a strict standard in view of the criminal liability for libel. Accordingly, publishers are often managers or even higher up to the director level.
2) Are vloggers reporters?
In the age of vlogging and fake news, this is an important question to consider whether vloggers are considered reporters under this provision. From the wording alone, and following statutory construction on ejusdem generis (of the same kind), vloggers do not belong in the same category as of reporters, editors, or managers of a newspaper, daily or magazine, the latter group being related or associated with the profession of journalism.
Notwithstanding, it is possible that vloggers may be held liable for a different offense such as libel or cyberlibel.
2) Element 2: Publish facts connected with the private life of another
The act of publishing facts connected with the private life of another is the gravamen of the offense. Private life belongs in the private sphere, and not in the public arena. How people live their private lives is not for the consumption by the public.
From an individual’s standpoint, their private lives should be respected. Thus, it should be kept and remain private. Otherwise, it can cause serious anxiety to individuals and may lead to psychological issues/harm, which is not allowed nor permissible.
Further, from society’s viewpoint, there is nothing to gain nor benefit from snooping into the private lives of another. If publishing facts of private lives were permitted, it may only cause resentment and animosity from the subjects, their family or friends, and in the community.
3) Element 3: Offensive to the honor, virtue and reputation
The private life facts that were published should be offensive to the honor, virtue, and reputation of the subjects. This element qualifies the publication to be not just any other private information but should be offensive. As a crime against honor, what is being protected here by the law is the honor, virtue, and reputation of individuals; thus, the publications should relate to tarnishing the name of an individual.
Notwithstanding, even if the publication was not offensive, the perpetrator may still be held liable for laws relating to privacy.
a) May juridical persons be the subject of this offense?
No, juridical persons do not have private lives which is a requirement for this offense.
References
• Title XIII – Crimes Against Honor, Act No. 3815, Revised Penal Code
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/Updated: May 20, 2023
