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Libel Speech (Decriminalization)

Under Philippine law, libel is defined as a public and malicious imputation of a crime or vice that tends to dishonor or discredit a person. Libel can be committed through various means of publication including writing, printing, radio, or the internet. The elements of libel are that the statement is defamatory, malicious, published, and identifies the victim. Malice means the defendant knew the statement was false or didn't care whether it was true or false. Anyone who publishes or exhibits a defamatory statement through technological means can be held responsible. While freedom of speech is constitutionally protected, it is not absolute and is subject to legal restrictions such as those against libel.

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140 views

Libel Speech (Decriminalization)

Under Philippine law, libel is defined as a public and malicious imputation of a crime or vice that tends to dishonor or discredit a person. Libel can be committed through various means of publication including writing, printing, radio, or the internet. The elements of libel are that the statement is defamatory, malicious, published, and identifies the victim. Malice means the defendant knew the statement was false or didn't care whether it was true or false. Anyone who publishes or exhibits a defamatory statement through technological means can be held responsible. While freedom of speech is constitutionally protected, it is not absolute and is subject to legal restrictions such as those against libel.

Uploaded by

MArieMigallen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Under the Article 353 of the Revised Penal Code, Libel

is 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.
And to explain how this act is committed, let me cite Article
355 of the Revised Penal Code, Libel is committed by
means of writing, printing, lithography, engraving, radio,
phonograph, painting, theatrical exhibition, cinematographic
exhibition, or any similar means.
It provided the elements of defemation:
a) the statement must be defamatory;
b) it must be malicious;
c) it must be given publicity; and
d) the victim must be identifiable.
Malicious means the defendant knows that what he or she
is publishing is false, or has reckless regard of whether it is
in fact true or false, because of the intent to injure a persons
or an entitys reputation.
Any person who shall publish, exhibit, or cause the
publication or exhibition of any defamation in writing thru
newspapers or technological means, shall be responsible for
the same.
Also under the Article 26 of the Civil Code which have the
same nature of offense states that: Every person shall
respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons. The following and similar
acts, though they may not constitute a criminal offense, shall
produce a cause of action for damages, prevention and other
relief:
(1) Prying into the privacy of anothers residence:

(2) Meddling with or disturbing the private life or family


relations of another;
(3) Intriguing to cause another to be alienated from his
friends;
(4) Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.
"A reputation once broken may possibly be repaired, but the
world will always keep their eyes on the spot where the
crack was." Joseph Hall
Loss of reputation eventually means loss of income,
endangered safety, loss of ethical standards, which may
ultimately lead to suicide, or loss of life. No amount of
money can compensate to damaged reputation.
The enjoyment of a private reputation is as much a
constitutional right as the possession of life, liberty or
property. It is one of those rights necessary to human society
that underlie the whole scheme of civilization. The law
recognizes the value of such reputation and imposes upon
him who attacks it, by slanderous words or libelous
publication, the liability to make full compensation for the
damages done. (Worcester vs. Ocampo, 22 Phil. 42).
In light of this matter, the Constitutional provision under
Section 4, Article 3 of the 1987 Constitution which states
that No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the government
for redress of grievances is not absolutely lodge in the
capacity of an individual to exercise such rights and the
same is true that all these rights are subject to restrictions
and limitations as may be provided by law or by the
government.

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