Avoiding Trouble in Social Media

By VW Oliver V. Yabut, AGS (150)

Philippine Freemasonry is now big in the use of online technology. Ever since the onset of social media platforms, masons in lodges, in appendant bodies or masonic clubs were quick to set up their own Facebook pages, Viber Chat Groups, Messenger Chat Groups, and the likes. Noting the widespread use of social media among masons, the Grand Lodge issued in 2016 Circular No. 9 (MW Gazmin) basically outlining the protocols to be observed by members on their online interaction. In short, they are gentle reminders of what we should or should not do in social media. The internet and social media are certainly convenient tools in connecting people. In Masonry, the result was an over-extended fellowship and never ending discussions outside the lodge on any mundane or serious topic. But social media is also a commonly effective platform for potentially libelous statements. With a few clicks in the keyboard, a person acted upon by passion can instantly send offensive or insulting thoughts floating in the airwaves for all netizens to see, which may practically be the world at large. What can be difficult to say in front of people is so easy to shout out on the internet. And to their shock, some masons find themselves the subject of defamatory comments or posts from a fellow brother. Feeling aggrieved, an offended brother will look at our laws to see how he can anchor his cyber complaint and he will then find that only Circular No. 9 deals on the matter. He will likely be dismayed when he finds no accompanying masonic penalties in the said issuance. And he will turn to other options available to him in law. Largely, two masonic-related infractions may be committed by a brother over the web for his injurious posts or statements in social media. First, they may partake of offenses against the Fraternity involving violation of the obligation on secrecy and discretion. If this happens, a concerned brother or the Grand Lodge itself may hold the erring brother to account. The second offense, which is more likely to happen, will invariably involve a direct attack against the honor and reputation of another brother. In Masonry, it is a violation of the obligation not to injure a brother in his person or good name. In the legal world, it is simply defined as libel committed by writing or other means. From time to time, we see nasty posted comments relating to masonic proficiency (e.g., a certain Master doesn’t know his rituals; he cannot preside without being coached); or a post airing details of alleged unmasonic conduct (e.g., that a certain brother solicited money from petitioners); or a post saying that a certain brother is a plain cheater or is a fraudster or a compulsive gambler. Authors of remarks like these may not be aware that under a relatively new law known as the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), a person could face imprisonment for posting online comments found to be libelous. This is anchored on criminal libel which is defined under Article 355 of the Revised Penal Code (RPC) as a “public and malicious imputation of a crime or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead”. This law extends libel to apply to acts “committed through a computer system or any other similar means which may be devised in the future” and is rightly referred to as ‘online libel’ or cyber libel’. There are certain elements that must be present in order to be prosecuted for libel, namely a) there must be an imputation of a

crime, or of a vice or defect, or any discreditable act, omission, condition, status, or circumstance; b) it must be made publicly; c) it must be malicious; d) it must identity the person defamed; e) it must tend to cause dishonor, discredit, or contempt. For it to be qualified as cyber libel, the law added another element, that is: “(T)he imputation was done through the use of a computer system or any other similar means which may be devised in the future. (Sec. 4(c)(4) of R.A. 10175). The crime of libel has long been in existence already but what makes the newly defined cyber libel more dangerous is the ease of publication through the internet. Interestingly, online libel was challenged as unconstitutional, but the Supreme Court ruled that online libel under R.A. 10175 is valid. But the court also said that online libel does not cover those who simply receive the post and react to it, like those who simply pressed “Like, Comment and Share”. And that’s a good thing, otherwise, a lot of us who are quick to press those buttons are liable to go to jail as well.

Now what about the penalties? We all know that in Masonry, there are only four namely: Warning, Reprimand, Suspension or Expulsion. Masonic law does not define what penalty to impose on a particular offense. That is left to the Masonic Trial Commission to decide upon, depending on their appreciation of the nature or gravity of the circumstances of each case. If a brother happens to commit an actionable cyber libel, it is a better option for him to be prosecuted by a Masonic Trial Court, suffer the penalty that may be imposed and hope that the case stops there. Otherwise, if it goes to the regular courts of the land, the penalty is so much severe in case of conviction. Note that ordinary libel can merit a maximum prison sentence of 4 years, but cyber libel carries a sentence of one degree higher which may involve imprisonment of up to 8 years. All that trouble just for posting silly comments. Here’s a thing to ponder - there are always two apparent villains in online libel – the cyber bully and the cyberbullied. The latter’s reputation may be put in doubt, but the cyber bully will never get any sympathy for his brutish attitude. In keeping with the masonic maxim of never letting our passions and prejudices to become the masters of our judgment, always keep your fiery statements or utterances to yourself and avoid cyber danger. If you have a legitimate issue against a brother, what’s the point of ranting in the web for the whole wide world to see? Do it in person, just the two of you if you must. You may ‘shout’ good counsel directly in his ears but there is no libel for two people talking. Submit your actionable issue to your peers and get the judgment you deserve through the Masonic way. Better yet, if it is not worth the trouble, just walk away and know that justice always comes to a good and true man in various ways. Sticks and stones may break your bones, but libelous words can also harm you.