‘Hurt still makes you liable and accountable in the eyes of the law. – Direk Joey Reyes’
Last week, the big news online was created by Anthony Jennings’ ex-girlfriend Jamela Villanueva who said she wanted to clear her name “amid the growing chatter around her split with the Kapamilya actor.”
Two days after Anthony confirmed his split from her, Jamela dropped a series of Instagram stories last December 3, detailing the last three months of their relationship.
To what end? Jamela said to Anthony: “Happiness was all I ever wanted for you, in our years of living together. I never imagined I’d have to let you go, but I did — so you could grow and find happiness on your own.”
Was happiness achieved? Far from it. Instead, a barrage of bombastic statements and overwhelming public opinion only served to further muddle the issues.
Political analyst Richard Heydarian said, “Sana instead of obsessing over individuals cheating on each other, we focused on trapos’ cheating with kaban ng bayan.”
Lawyer Jesus Falcis detailed the legal aspects of the issue as he recalled being asked in the past about the legality of posting and sharing screenshots of private conversations. He said, “Even before screenshots of text or chat messages between Maris Racal and Anthony Jennings were leaked today, many people — especially those who were cheated on — have always asked me before about the legality of posting and sharing screenshots of private conversations.
“I have always told them that there is such a thing called as the right to privacy. Even cheaters have human rights.
“The National Privacy Commission (NPC) clarified in a 2020 advisory opinion that the Data Privacy Act applies to screenshots if they reveal the identities of those involved: ‘It is worthy to note that the processing, i.e. sending out the screenshot to another person, will only come under the scope of the DPA if personal data is indeed involved — if the conversation/screenshot itself allows for the identification of the parties. If it is simply the content of the conversation, with names and other identities redacted or cropped out of the screenshot, it might not be within the scope of the DPA.’
“So even if you were the victim of cheating, by posting screenshots of any alleged affair, not only are you exposing yourself to cyberlibel charges but also to charges for violating data privacy — which is punishable by stiffer and harsher penalties than cyberlibel.”
“And while the Supreme Court just recently said that there is no violation of the right to privacy if screenshots are used in a criminal case, that is the caveat — the screenshots must be used in a criminal case.”
He then suggested that women, particularly those dealing with infidelity, should document evidence (e.g., screenshots) but avoid posting it on social media to prevent legal issues like cyberlibel or data privacy violations. He said they should file a Violence Against Women (VAW) case for psychological violence caused by infidelity. Public figures should let the media handle the coverage to gain publicity without legal repercussions.
“When you present the screenshots as evidence in court, that’s when the Supreme Court ruling will apply — that taking screenshots of private conversion is not a violation of the right to privacy when used as evidence in a criminal case.”
In the latter section of Falcis’ Facebook post, he stated that “Cheating is bad. But so is misogyny, enabled by violating the right to privacy.”
Another respected lawyer, director and producer Atty. Joji Alonso, posted this on her social media account: “Assuming that all the screenshots are legit, the fact remains that Maris and Anthony have committed NO crime. Their actions may be regarded as morally wrong, but they were never married to their respective partners.”
She continued, “Jamela, on the other hand, may have committed at least 2 crimes with her actions — cyber libel and violation of data privacy. She cannot hide her actions under the guise of ‘moving on.’ Yes, she may have experienced pain and betrayal, but this does NOT give her the license to violate the law.”
The eloquent Film Development Council of the Philippines Chair Joey Reyes then punctuated this whole talk of legal consequences by saying, “Hurt still makes you liable and accountable in the eyes of the law.”
What is admirable is that Rico Blanco has remained mum on the alleged cheating conversations. If someone like him, who is a big part of the equation, has the good sense of keeping his silence, so should we.
Unfortunately, some people always like to think that they’re better than everyone else. That’s why they’re so quick to judge and throw comments. Come on, we can do better!
