Ask Atty. Gaby— Makukulong sa chismis? | Unang Hirit
“Atty., makukulong ba ako sa chismis?”
Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion. Panoorin ang video.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories.
Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion. Panoorin ang video.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories.
Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
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FunTranscript
00:00 Let's talk about the legal issues, about the hot issues.
00:03 That's what our heart will answer in the court.
00:05 Attorney Gabby Concepcion.
00:06 Attorney, take it away.
00:07 Thank you, Maris.
00:16 Here's all you need to know, ask Attorney Gabby.
00:19 For sure, our comment section will be noisy again this morning.
00:24 Because we will talk about gossip.
00:29 Not only in households, but also on the internet, gossip is spreading.
00:34 So #AskAttorneyGabby, can a gossipy person or gossipy woman really be jailed?
00:41 Of course, and you may be charged, you may be filed depending on how you did it and what you gossiped about.
00:51 Is this a verbal gossip or a word that is spread among acquaintances?
00:57 Well, it's called slander and this is any lie or falsehood that damages the reputation or character of a person.
01:06 And this is a criminal offense under Article 358 of the Revised Penal Code, which is a penalty up to 6 years.
01:16 Now, if this is the spreading of a false gossip,
01:20 that you don't really know who made this original gossip, this is actually the real gossip because it's just a transfer.
01:28 This is a possible crime of intriguing against honor under Article 364 of the Revised Penal Code,
01:35 1 to 30 days in prison and fine of P20,000.
01:38 Now, if the alleged violation has been exposed, that means it was written or broadcasted and seen by one or one billion people,
01:47 it doesn't really matter, the victim of a criminal offense against the person who made this violation can be charged
01:53 because this is a libel under the Revised Penal Code.
01:57 If you were gossiped in a group chat, forum or Facebook group, you can be charged with cyber libel.
02:03 Cyber libel, excuse me, under RA 10175, you are jailed for 6 months and 1 day to 6 years and there is also a fine.
02:11 Of course, gossip can not only be jailed but can also be used as a basis for damages under the Civil Code
02:17 because it protects the dignity and reputation of a person.
02:24 So again, #AskAthorneyGaby, what if I'm not the source of the gossip?
02:31 Some people said that. I just heard it so I shared it with others. Am I still included?
02:36 Well, according to the Supreme Court, in the case of Dicini v. Secretary of Justice,
02:41 the liking or sharing a post made by someone else without any further comment or annotation will not render you liable.
02:49 The only person who can answer this is the author or the person who made or has a connection to this original post.
02:56 First of all, there is no law that criminals do not like or share the post.
03:00 People just react and this cannot be avoided. And according to the law of libel, only the original author can answer.
03:08 But let's remember that if we already know that something is fake news or just a person's assumption
03:14 that it is just a good objective, but it is just a lie or a mess, let's not like or share it.
03:20 That is our contribution to a better society.
03:24 #attorneygaby, what if I only posted gossips and blind items online?
03:31 Some people still post not-so-blind blind items.
03:35 It means that it was not named but from the many clues, it is still obvious who you are talking about.
03:43 You cannot hide that you did not name it if it is too obvious, but it is still an escape.
03:51 So there you go, avoid fake news and gossips.
03:54 As long as we talk about the law, we will give clarity for the peace of mind.
04:00 Let's do that again. For the peace of mind, don't think twice.
04:06 #askattorneygaby
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