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”.
Continue reading “Libel on the Internet under Philippine Law”
There has been a lot of anxious speculation in social media and the blogsphere about the possible chilling effect of the new cybercrime law (officially the “Cybercrime Prevention Act of 2012”, Republic Act No. 10175) on the freedom enjoyed by netizens in cyberspace. All this hand-wringing is premature. A cursory reading of the law will reveal it to be simply an updated version of a hodge-podge of existing laws.
For instance, libel has always been a crime, whether committed online or the old-fashioned, printed way. Thus, it is Article 353 of the Penal Code that defines libel as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or nay 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 already dead. “ What the new cybercrime law simply does is make reference to the commission of libel through an electronic medium or Libel 2.0.
Continue reading “On Online libel of the CyberCrime law: Writing Well is the Best Defense”
Philippine Star columnist Yoly Villanueva-Ong wrote an impassioned piece in support of the discredited and scrapped “Pilipinas Kay Ganda” branding campaign of the Department of Tourism. Ms. Villanueva-Ong is the founder and head of the Campaigns and Grey ad agency, which helped conceptualize the aborted undertaking. By her own admission, she is not a disinterested observer.
In rather purple prose, she expressed her indignation at the “coordinated online outrage” by a “Gruesome Malicious Army” and “net-dicts” intending “to wreck havoc on the new, popular government“. It’s GMA and her stooges and a shadowy cabal “who fancy themselves divas of righteousness” behind all this, you see, and it’s all politically-motivated. “Politically-motivated” being the standard, catch-all retort of those caught in the act of bending the rules for their own benefit.
But this argument skirts the central issue of the whole brouhaha, which is that the whole concept was a bad idea to begin with and was simply called out for being what it was – a bad idea. And which is why the head of the new, popular government shelved the whole scheme. Continue reading “Pilipinas Kay Praning”