Bontilao 05:22 PM, Feb 24, 2017
Greetings!
Please let us know if it is safe to add Senator Delima as a villain in our mobile game.
We would like to add here as of the boss in this game.
We previously created a mobile game that supports Rodrigo Duterte in running his presidency.
As of now, we decided to update the game and add Delima as one of the villain or enemy boss.
Please advise if Delima could not file case or Right to publicity case becase we'll use his image in the mobile.
Many Thanks,
Bryan
Dulin 08:32 AM, Feb 28, 2017
February 28, 2017
Dear Bryan,
Thank you for your request dated Feb 24, 2017 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Right of publicity here in Philippines. I want to get/understand this information.
We received your request on Feb 24, 2017 and will respond on or before Mar 17, 2017 05:22:20 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi05NjgzOTMwOTIxNjMM, for request with ticket number #DOJ-968393092163.
Thank you.
Respectfully,
Irene Dulin
FOI Officer
09:55 AM, Mar 17, 2017
14 March 2017
Dear Mr. Bryan Bontilao,
Good day!
This is to acknowledge receipt of the inquiry you sent through the eFOI portal dated 24 February 2017 inquiring about the right of publicity and whether Senator De Lima can be added as a villain in a mobile game.
This Department proscribes against this action as it may violate the following laws:
Republic Act No. 10175, also known as Cybercrime Prevention Act of 2012
Paragraph 4 of Subsection C of Section 4
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. (Emphasis supplied)
Act No. 3815, also known as Revised Penal Code
Article 355. Libel means by writings or similar means. - A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.
As of present, there is no applicable jurisprudence involving the same circumstances, as that of libel committed by means of inclusion of a natural person in a mobile game application, especially as an antagonist. But, the Cybercrime Prevention Act penalizes any act that can be devised incorporating the use of technology that contains a public and malicious imputation tending to cause dishonor to a natural person.
Moreover, a case for damages can arise from such action.
Republic Act 386, also known as the Civil Code
ARTICLE 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. (Emphasis supplied)
Hence, Sen. De Lima should not be added as a villain in your mobile game.
We hope this sufficiently answers your questions. Thank you and best regards.
ATTY. ERICKSON H. BALMES
Undersecretary
Attachments:
scan eFOI right to publicity.pdf
