Lawyers weigh in on Anthony Jennings-Maris Racal issue | ABS-CBN

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Lawyers weigh in on Anthony Jennings-Maris Racal issue

Lawyers weigh in on Anthony Jennings-Maris Racal issue

Josh Mercado

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Updated Dec 05, 2024 05:46 PM PHT

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 Anthony Jennings and Maris Racal. File photo by Anna Cerezo, ABS-CBN News Anthony Jennings and Maris Racal. File photo by Anna Cerezo, ABS-CBN News 

MANILA -- Jam Villanueva broke the internet when she exposed the alleged betrayal of her ex-boyfriend Anthony Jennings with Maris Racal.

Villanueva's Instagram screenshots are still trending and the talk of the town, with netizens creating memes and sharing their opinions. 

For celebrity lawyers Joji Alonso and Jesus Falcis, they underlined individuals’ right to privacy. In their Facebook posts, they explored the subject from the standpoint of a lawyer.

Alonso wrote: “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.” 

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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.”

For Falcis, cheaters have human rights too. 

He wrote: “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.'”

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“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 these things: 

“So what’s a girl to do?

“Well, you should still take screenshots as evidence of cheating or an affair (especially if you’re married). 

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“Then, what you should do is instead of posting on social media is to file a VAW (violence against women) case -- 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.

“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.

“Cheating is bad. But so is misogyny, enabled by violating the right to privacy."

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