Can you sue a person, institution for misleading, deceptive pranks? Legal expert answers

In the digital world, pranks or hoaxes often go viral on social media, especially when they’re well-executed. But when is a prank considered too much, and what can the people on the losing end do about it?

In an episode of “Dapat Alam Mo!” legal expert Anne Sacramento said “Kapag nasaktan na ‘yung tao, nagkaroon ng damage o injury, labag na ‘yun sa batas.”

“Meron ng liability ‘yung prank na ‘yun,” the lawyer added.

Addressing the recent April Fool’s Prank of takoyaki brand Taragis, Sacramento said the tattoo incident can be considered as damage to the person.

“Kasi nasaktan na ‘yung tao, may damage na sa kaniya, illegal na ‘yun,” she said.

Sacramento added there are several cases when you can file against the prankster, including Criminal Liability and Civil Liability.

“Meron tayong Criminal Liability. Ito y’ung pwede kang makulong o pwede [mo bayaran] ‘yung danyos (damages),” she said.

“Meron ka rin Civil Liability, so kunwari, gumastos ka, nagpunta ka ng doctor, meron pang ibang damages, pero basically, babayaran ka sa mga na-cost ng damage,” she added.

When asked if April Fools’ Day posts of brands are considered legal, the lawyer said false advertisements are against the law.

“‘Yung mga pakulo na ‘yan, regulated ‘yan ng batas, meron tayong Consumer Act na ‘yung mga hindi totoo, false, deceptive or misleading advertisements, bawal ‘yan sa batas,” she said.

Earlier this week, Taragis owner Carl Quion apologized for the April Fools’ Day prank they ran on the Takoyaki brand’s Facebook page. He also personally visited the netizen who tattooed their logo on the forehead and gave him P100,000 in cash. 

— Hermes Joy Tunac/LA, GMA Integrated News