Another company, CopperMask PH, has threatened Doc Adam with a libel lawsuit that may not prosper at all. He has recently released a YouTube video debunking the CopperMask’s effectiveness in preventing people from getting COVID-19. The mask’s design (the so-called CopperMask 1.0) has a hole just beneath the chin area and the product’s dubious amount of copper present in the mask. A week or so later, he published a new video sharing he had received a cease-and-desist letter from lawyers allegedly representing CopperMask PH.
The cease-and-desist letter demands him to take the videos about Copper Mask down and threatens him with a libel lawsuit if he does not meet the demand.
Attorney Libayan’s Reaction On CopperMask PH Lawsuit Threat
Atty. Libayan, who runs the BATASNatin YouTube channel, shared his view on the CopperMask-Doc Adam matter. In his reaction video about the cease-and-desist letter, he pointed out that CopperMask PH could file a lawsuit, but the case would not prosper at all. In Philippine law, malice is presumed when even the truth is published (online), rendering it libelous or defamatory. However, the truth is a defense when the motives are good and for a justifiable end. In this case, Doc Adam made the video to educate Filipinos and help them make informed decisions.
Is Doc Adam’s video on CopperMask defamatory? CopperMask PH thinks so. On the contrary, many seasoned Filipino lawyers would think otherwise, and any lawsuit will not prosper.
He merely described the product. Moreover, him being a medical doctor, he has expert advice on the product.
CopperMask PH Doc Adam Lawsuit Faces Hurdles
Atty. Libayan also suggested that any lawsuit CopperMask PH throws at Doc Adam will be less likely to prosper. First, extraditing the doctor is not even possible, for Australia has strict requirements for extradition. For instance, an offense must be punishable for one year (or more) of imprisonment in Australia. Second, in Australia, free speech is not a crime and does not merit probable cause. Truth is an absolute defense. Therefore, there is no way to even start with an extradition case to have Doc Adam face the charge in the Philippines.