Internet posting of embarrassing misrepresentations

Internet posting of embarrassing misrepresentations can be actionable under Article 26 of the Civil Code.

Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. xxx

St. Louis Realty Corporation. v. CA is instructive though it does not involve the Internet. A newspaper ad by St. Louis had a heading “WHERE THE HEART IS” with a photograph of a residence and a write-up stating that the “hearts of MR. AND MRS. ARCADIO S. ARCADIO and their family have been captured by BROOKSIDE HILLS”. The residence actually belonged to Dr. Conrado Aramil and the ad was without his permission. Aramil wrote a protest letter to St. Louis, but to no avail. Hence, he sued for damages. The Court decided for Aramil holding that the latter’s private life was mistakenly and unnecessarily exposed.

There is a greater probability that what happened in St. Louis might occur on the Internet since it is accessible, cost-effective and free from editorial control. The potential plaintiff can argue that the Internet posting of embarrassing misrepresentations is actionable under Article 26, since his private life was mistakenly and unnecessarily exposed (citing St. Louis). Hence, be careful of what you post.