First, the disclaimer. This is not intended as lawyerly advice. Neither does it refer a specific case or circumstance. Much less can this be considered as an offer to provide legal services or to advocate anything. It’s just one person’s opinion on a matter of increasing interest to bloggers and other denizens of cyberspace: what constitutes internet libel in the context of Philippine laws.
How is libel defined under Philippine laws ? Article 353 of the Revised Penal Code defines libel as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead”.
For an imputation then to be libelous, the following requisites must concur: (a) it must be defamatory; (b) it must be malicious; (c) it must be given publicity; and (d) the victim must be identifiable.
If you call someone a scum-sucking, slimeball, swindling pimp, even if this is fairly accurate, and post it online, you may be sued for making libelous statements.
Defamatory words are those calculated to induce the hearers or readers to suppose and understand that that the person or persons against whom they were uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hold the person or persons up to public ridicule. Philippine law also presumes every defamatory imputation to be malicious, even if true, if no good intention and justifiable motive for making it is shown (Article 254 of the Revised Penal Code). Malice exists when there is an intentional doing of a wrongful act without just cause.
The libel must be given publicity, circulated or publicized. Postings in a forum, message board or blog can certainly be considered as publication. Lastly, the victim or offended party must be identifiable.
Continue Libel on the Internet Under Philippine Law Part 2
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anonymous
questions: what happens if you let say write your opinions on line especially the negative ones against the government for example and start calling these politicians, specific or general, “scum sucking, slimeball, etc.”? will that be libelous? mostly, people share opinions about their government leaders or about any prominent local or international figures based on information which they think are true. In fact, blogs online can be as passionate in their expression of their opinions vis-a-vis the information, obviously limited, they know about their government or even about their school principals, etc. When can one draw the line between freedom to one’s opinions and libelous remarks?
Rico
I’m no lawyer, and definitely not an expert on law, but I think you should be publishing something in good faith, and in the service of public interest. What’s a little ambiguous for me though is the definition of “public interest.”
thewarriorlawyer
@anonymous - It could be libelous as there is the element of publication. But how to enforce it is another matter. For example, bloggers outside of the Philippines are beyond the jurisdiction of Philippine libel laws. Hence, my suggestion that the blogging community be self-regulating and adopt a common set of values and ethical standards as guidelines.
The Warrior Lawyer
@Rico - I agree. Good faith and the public interest should guide and motivate bloggers.
There are many definitions of public interest. A simple one would refer to the “common welfare” of all the members of the community or whether it is for the good of the majority. Again, this begs the question. How do we define “community” and the “rule of the majority” in an amorphous concept such as the blogosphere ?
kalawkohan
Hmmm… I’ve been contemplating about the same matter for a long time already. I’m not aware of any laws on the use of the Internet in the Philippines. It would really be high-time that we have one.
Anyway, my perspective regarding libel through a blog. Well, it is possible given the wide possible audience that the blog can attract. Besides, the terminology used in leading blog sites/programs every time an author posts is “publish.” Such a word need not be construed in any other way.
Regarding balancing freedom of speech and libelous remarks, every first year law student knows that the right to free speech is not absolute. It can be regulated in the interest of the public, such as when speeches are made to incite others to sedition.
This brings me to Rico’s point. What is “public interest”? I too have some reservations when I encounter such words in legal materials along with the words public morals, public policy, etc. Crudely put, such words presupposes a common belief shared by people on what for them is acceptable as a norm, and what can be considered as a danger or threat. The State has every right to preserve itself, hence, it can exercise prior restraint or punish someone in the interest of everyone (well, maybe the majority).
I do agree with Rico that what is best is to observe good faith. Nothing beats than having good intentions to avoid trouble. But, it does not necessarily means that one is hindered from expressing his sentiments freely. It only means that one needs to be “creative” in making it appoint that his message is heard.
To the-warrior-lawyer, nice blog. I agree that jurisdictional issue will arise for Filipinos abroad. But, think about it, if one is known to have committed libel and a case is filed against him, then he surely won’t be coming into the Philippines until the crime has prescribed. That is one deterrent, ain’t it?
Of course, there are many wise-cracks who opt to write blogs anonymously. Right? =)
Anonymous
Bloggers outside of the Philippines are beyond the jurisdiction of Philippine laws.
What if the person being defamed is a Filipino? How will that affect matters?
For example, can the Filipino require the non-resident alien blogger to be subject to Philippine courts?
the warrior lawyer
Kalowkohan: You are right. If someone residing abroad will be facing a libel charge before Philippine courts, then he surely will not be coming to the Philippines.
To answer your question, Anonymous, a non-resident alien blogger cannot be subject to Philippine courts as our courts only have jurisdiction over persons within the country. The jurisdiction of Philippine courts do not extend abroad. As pointed out by Kalowkohan, he will avoid prosecution by not coming to the Philippines.
Thanks for reading my blog.
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