MANILA, Philippines — The Internet is still reeling from the bombshell revelations of the alleged cheating issue involving the MaThon screen tandem of Maris Racal and Anthony Jennings.
Anthony's ex, Jamela Villanueva, showed a series of screenshots and pictures last December 4, allegedly between the actor and Maris.
The photos circulated online during the late hours and into the following day as the public began discussing topics like cheating, misogyny and data privacy.
Lawyer Jesus Falcis, in a lengthy post on social media, 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.
"I have always told [those who were cheated on] that there is such a thing called as the right to privacy. Even cheaters [sic] have human rights," said Falcis.
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The lawyer cited a clarifying opinion by the National Privacy Commission in 2020 regarding the Data Privacy Act on how it applies to screenshots if they reveal the identities of those involved.
It might not fall under the Data Privacy Act if screenshots only showed a conversation's contents, and all names or identities have been redacted or cropped out.
"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," Falcis explained.
He also noted the Supreme Court recently said there is no violation of the right to privacy if screenshots are used in a criminal case, then went on to expound what avenue to pursue instead.
Falcis said individuals should still take screenshots as evidence of cheating or an affair then, rather than sharing them online, file a Violence Against Women (VAW) case for psychological violence caused by infidelity.
THE LEGAL ASPECTS OF THE CASE OF MARIS RACAL AND ANTHONY JENNINGS
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… pic.twitter.com/5SQdC318hU— Jesus Falcis ???????? (@jesusfalcis) December 4, 2024
The lawyer later added that VAW cases apply to couples who are married or dating.
If public figures are involved, the media will likely report on it and the potential plaintiff would get the wanted publicity without having to worry about data privacy and cyberlibel issues.
"When you present the screenshots as evidence in court, that's when the Supreme Court ruling will apply — that taking screenshots of private conversation is not a violation of the right to privacy when used as evidence in a criminal case," Falcis explained.
The lawyer noted how Maris is being "slutshamed" for her supposed "thirsty" messages, pointing out that more messages from her are going viral rather than Anthony's.
"Cheating is bad. But so is misogyny, enabled by violating the right to privacy. Victims have human rights. But vindicating your rights should not make more victims. Even (cheats) have human rights," Falcis ended.
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