As the controversy surrounding Maris Racal and Anthony Jennings continues to garner attention, Filipino lawyer and LGBTQ+ rights advocate Jesus Falcis has weighed in on the legal repercussions of sharing private conversations online. Falcis, known for his advocacy for human rights, shared an extensive analysis on his Facebook post, shedding light on the legal dimensions of the issue.
Falcis emphasized the importance of the right to privacy, stating, “Even cheaters have human rights.” He explained that the Data Privacy Act of the Philippines protects personal data, including screenshots of private conversations, if they reveal the identities of those involved.
“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,” Falcis wrote. He pointed out that while redacting names and identifiable information might mitigate legal risks, sharing identifiable screenshots on social media exposes individuals to potential lawsuits under both cyberlibel and data privacy laws.
Falcis underscored the distinction between using screenshots as evidence in court and sharing them publicly. “The Supreme Court just recently said that there is no violation of the right to privacy if screenshots are used in a criminal case,” he explained. However, he added that this only applies if the screenshots are used as evidence in a formal legal proceeding, not for public shaming or social media posts.
He advised victims of infidelity to document evidence privately and use legal avenues instead of social media. “Take screenshots as evidence of cheating or an affair… Then, file a VAW (Violence Against Women) case—psychological violence caused by infidelity,” he suggested.
Falcis also criticized the public’s response to the leaked screenshots, particularly the slut-shaming directed at Maris Racal. He noted that much of the discourse focuses on Racal’s alleged messages, while Jennings’ accountability has received comparatively less attention.
“What’s unfortunate and what I find personally wrong in leaking the screenshots of Maris Racal and Anthony Jennings through social media is the slut-shaming of Maris Racal because of her supposed ‘thirst trap/hungry’ messages,” Falcis remarked. “Cheating is bad. But so is misogyny, enabled by violating the right to privacy.”
Falcis concluded his post by urging the public to navigate such controversies with caution and to respect the human rights of all parties involved, even those accused of wrongdoing. “Victims have human rights. But vindicating your rights should not make more victims,” he asserted.
