EXPLAINER: What does the law say about sharing private conversations on social media?
Anthony Jennings and Maris Racal have been a hot topic online after the actor's ex-girlfriend shared her side of their split by posting photos of the alleged flirty conversations between the love team on social media.
In her Instagram stories on Tuesday, Dec. 3, Jam Villanueva shared Anthony and Maris' supposed text exhanges, which implied that the two had an intimate affair while Anthony was still with Jam. She also posted photos of the two seemingly getting cozy during their work trips together.
Moments after Jam exposed the two, her IG stories had been reposted by various pages on Facebook and X, garnering thousands of reactions, comments, and shares.
As Internet users expressed their disappointment over the cheating issue, there were some who warned that sharing someone else’s private chats could potentially have legal implications and even lead to a lawsuit.
What the law says about it
In an interview with PhilSTAR L!fe, Atty. Chelsea Ariza said the unauthorized disclosure of private communications is addressed by several laws.
There’s the Republic Act 10173 or Data Privacy Act of 2012, which protects one’s personal information and prohibits the unauthorized processing or disclosure of personal data without the consent of the data subject or without a lawful basis.
RA 4200 or Anti-Wiretapping Law, meanwhile, "makes it illegal to record private communications without the consent of all parties involved.”
Article 290 of the Revised Penal Code also penalizes the "revelation of secrets without the consent of the person involved.” Per Ariza, this likewise includes sharing private written communications publicly without permission.
The unauthorized posting of private chats online can result in criminal charges that may lead to penalties like imprisonment and fines. Such can also lead to civil damages.
Cases where it’s permissible
Atty. Hyacinth Merioles told L!fe that while Article III, Section 3 of the Philippine Constitution guarantees one's right to privacy of communication and correspondence, private individuals can be held accountable under certain circumstances, "especially if the unauthorized use of private conversations inflicts damage on the reputation of the person and cause other damages."
Ariza said the disclosure of private exchanges may be allowed "if required by law or a court order, such as during legal proceedings where the information is pertinent.”
The Supreme Court recently reiterated the same point after it upheld the conviction of a man for qualified trafficking in persons under RA 9208 or the Anti-Trafficking of Persons Act of 2003, "finding that the videos and recordings of the chat logs of his conversations with an undercover agent can be admitted as evidence."
The SC said it rejected the arguments of the accused, who pointed out that it was a violation of his right to privacy. According to the Court, RA 10173 "allows the processing of sensitive personal information to determine a person’s criminal liability and to protect the rights and interests of persons in court proceedings."
What to do if your private convos are shared without your consent
If you find out that your private chats have been shared publicly without your permission, Ariza suggested securing evidence of the unauthorized disclosure as soon as possible, including screenshots, URLs, and any related communications.
"Notify the social media platform where the content was shared to seek its removal, as many platforms have policies against sharing private information without consent,” she added.
Merioles said if such sharing of screenshots actually causes you damage, you do have a legal recourse.
"The aggrieved party may file a civil case seeking damages for any harm suffered due to the unauthorized disclosure, which might include emotional distress or reputational damage,” added Ariza.
In a post on X, Atty. Jesus Falcis suggested filing a VAW (violence against women) case, citing psychological violence caused by infidelity. "And if you’re a public figure or celebrity, let the media report or cover it—then you’ll get the publicity you wanted anyway without the legal liabilities for cyberlibel and data privacy," he said. "When you present the screenshots as evidence in court, that’s when the Supreme Court ruling will apply—tthat taking screenshots of private conversion is not a violation of the right to privacy when used as evidence in a criminal case."
Still, Ariza stressed that it's best to consult with a lawyer on what to do next as it may be different depending on one's situation. “Talk to a lawyer to understand your rights and the appropriate legal actions you can pursue, which may include filing complaints with authorities or initiating civil or criminal proceedings,” she said.