Cyber libel complaint against Lokalpedia’s John Sherwin Felix dismissed for lack of basis

A Makati prosecutor finds his statements on a government-funded recipe book qualify as fair comment on matters of public interest, with the complainant failing to prove malice.

The cyber libel complaint against content creator John Sherwin Felix has been dismissed for lack of basis.

Felix, who runs the food heritage blog Lokalpedia, announced on April 24 that the Office of the City Prosecutor of Makati (OCP) had dismissed the complaint filed against him.

The root of the dispute

He faced a cyber libel complaint over his posts pointing out errors in a government-funded recipe book titled “Kayumanggi: A Kaleidoscope of Filipino Flavors and Food Traditions.” The complaint was filed by the book’s author, chef Jam Melchor.

Among the issues Felix raised were the classification of batwan as a legume and the attribution of tawilis—an endemic fish from Taal Lake—as commonly found in rivers and lakes across the country.

Public interest over malice

In a decision dated April 15, the OCP found that the complaint had no sufficient basis. It ruled that Felix’s statements constituted fair commentary on matters of public interest involving a public figure and the use of public funds.

The prosecutor’s office also noted that for a statement to be considered libelous, it must be shown to have been made with malice or with knowledge of falsity or reckless disregard for the truth. It said the complainant failed to establish that Felix acted with malice.

Unaddressed concerns

Despite the dismissal, Felix said his concerns regarding the Department of Trade and Industry (DTI),which supported the publication of the book, remain unaddressed. He urged the agency to correct the errors he raised, noting that he had already reached out but has yet to receive a response.

Understanding “fair comment”

As a digital creator or concerned citizen, what protects you from cyber libel when critiquing a product or person?

1. The topic must be of public interest: Critiquing a government project, a public official, or a public work of art (like a book or movie) is generally protected.
2. Based on fact: Your opinion must be supported by facts. In this case, Felix provided botanical and biological evidence to support his critique.
3. No actual malice: You are protected if your intent is to inform or improve the public discourse rather than to intentionally destroy someone’s reputation with lies. 

Pro-tip: When posting a critique online, always cite your sources and focus on the work rather than the person. Had Felix attacked the author’s character instead of the book’s facts, the prosecutor’s ruling might have been very different. 

 

 

A win for food heritage and free speech. The cyber libel case against Lokalpedia’s John Sherwin Felix has been dismissed. 

 

 

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