The Supreme Court (SC) has set clear guideposts on how to prove who owns or controls a social media account in criminal cases, following its ruling affirming the conviction of a man for psychological violence against his ex-girlfriend under the Anti-VAWC Act.
In a decision penned by Associate Justice Ramon Paul L. Hernando, the SC upheld the conviction of “XXX” for posting derogatory and threatening statements about his former partner “AAA” on Facebook. The posts, written in Kapampangan, publicly insulted AAA and threatened her with violence.
XXX denied owning the Facebook account, claiming it was fake and that he was at work without phone access when the posts were made. However, the Family Court, Court of Appeals, and eventually the SC rejected his denials.
The High Court stressed that in crimes committed through social media, the prosecution must prove not only the crime but also the identity of the offender. Given how easily Facebook accounts can be created, the SC said courts must carefully examine evidence showing ownership or control of an account.
The SC laid down guideposts to establish account ownership or authorship, including admission of ownership, being seen using the account, content known only to the offender, consistent language and behavior, messages sent over time, profile details, and records from service providers or device forensics.
Applying these, the SC found sufficient evidence that XXX authored the posts, noting that the account used his full name, displayed his photo with his child, and had been used for years to message AAA’s family. The posts also contained personal details only he would know.
The Court ruled that all elements of psychological violence were present, including public ridicule.
XXX was sentenced to up to eight years in prison, fined P100,000, and ordered to undergo psychological or psychiatric treatment.IMT
