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A Basic Understanding Of Philippine Law On Libel

These days, the prevalence of mud-slinging and cyber-bashing cannot be denied. Even a simple exchange of opinions can turn into a heated argument, thanks to the immense popularity of social networking sites.  The Philippines is considered the social networking capital of the world. Almost everyone has a social media account where they share videos, post opinion or simply connect with loved ones. However, the freedom of expression can also be carried to extremes. This does not come as a surprise considering the fact that many individuals have already filed libel charges against someone who has deliberately dragged their name to shame with their false accusations. 

Libel In A Nutshell 

Under Art. 353, Revised Penal Code (RPC), libel refers to a public and malicious imputation of vice or defect, crime, real or imaginary that can cause the contempt, discredit or dishonor a person. 

There are various ways libel can be committed. A person can commit libel by means of printing, writing, engraving, theatrical exhibition, lithography and others. (Art. 355, RPC). Oral defamation is also referred to as slander according to Art. 358, RPC. When defamation is made in a television, it is also considered libel. 

How can a person be held liable for the crime of libel? 

Any person who published or exhibit any defamation in writing or other means will be held liable for the crime of libel. Aside from the author or editor of the libelous pamphlet or book, the business manager of a daily newspaper will also face charges for the defamation especially if he was proven to be the author of the content or article.  In fact, all people who have active participation in the publication where the libelous article is found will be held liable as well. 

When a person has committed a crime of libel, the action will be filed in the Regional Trial Court of the city or province where the libelous article is printed and published. However, if the offended party is a private person, the venue will be his place of residence where the offense was committed and the libelous article was printed and first published. 

The four elements of libel:

• The imputation must be malicious;

• The imputation must be defamatory;

• The imputation must be made publicly;

• The offended party must be identifiable. 

Retraction And The Action For Libel

When a retraction is published to make corrections to the mistake that have been committed, it does not necessarily mean that the accused will be mitigated. For the desired effect to take place, the retraction needs to demonstrate an admission of the falsity of the publication. The desire to repair the incorrectness must also be included in the retraction. 

Pinoy Attorney

Written by : Pinoy Attorney

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