Bloggers and Freedom of Expression and the Libel Law PDF

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Bloggers and Freedom of Expression and the Libel Law blawg/ blog a website containing a writer's or group of writers' o wn experiences, observations, opinions, etc., and of ten having images and links to other websites. a single entry or post on such a website :She regularl y contributes a b...

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Bloggers and Freedom of Expression and the Libel Law

blawg/ blog a website containing a writer's or group of writers' o wn experiences, observations, opinions, etc., and of ten having images and links to other websites.

a single entry or post on such a website :She regularl y contributes a blog to the magazine's website. A regularly updated website or web page, typically one r un by an individual or small group, that is written in an in formal or conversational style.

Bases of the Guarantee of the Right of Freed om of Expression Both foreign and local jurisprudence recognized that there are two Philo sophical bases for the guarantee of this right thus:

1. Discovery of Truth (free market o f an idea) 2. For self-government “A public official must NOT be too thin-skinned with ref erence to comment upon his official acts”

Scope of the Freedom of Expression The Philippine Constitution provides that “No law shall pa ssed abridging the freedom of speech, of expression ,or right o f the press , or right of the people peaceably to assemble and petition the Government for redress of grievance”(Art.III, Sect ion 4) But how can we determine the scope of this expression? Most famous statement from Voltaire : ”I may NOT agree with what you say, but I will defend to the death your righ t to say it”

Scope of the Freedom of Expression

1.Freedom from Prior Res traint or Censorship 2.Freedom from Punishme nt

Limitations on the Guarantee Standards for allowable subsequent pun ishment 1. Dangerous Tendency Test 2. Clear and Present Danger Test 3. Balancing of Interest Test

Libel Revised Penal Code Article 353 - Definition of libel A libel is 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.

Libel ART. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true , if no good intention and justifiable motive for making it is shown, except in the following cases: 1.

A private communication made by any person to another in the performa nce of any legal, moral, or social duty; and

2.

A fair and true report, made in good faith, without any comments or rema rks, of any judicial, legislative, or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exerci se of their functions.

Libel ART. 355 Libel means by writing or similar means- A libel committed by means of writing , printing, lithography, eng raving , radio, phonograph, painting, theatrical, exhibition, cinematographic exhibition, or any similar means, shall be punished by prison correctional in its minimum and medi um periods or a fine ranging from 200 to 6000 pesos, or both, in addition to the civil action which may be brough t by offered party.

Reasons for Punishing Defamation The bible said that “A good name is to be chosen rather than g reat riches..”(Proverbs 22:1) “Better is the poor who walks is integrity th an one who is preserve in his lips, and is a f ool.”

Elements of Defamation A person may only be convicted of an offense if all the elements of that offenses are present. If one is absent, then the accused must be acquitt ed. For a person to be convicted of defamation, the following elements s hould present.

1. There must be an imputation of a crime , or of a vice or defect, real or imaginary, o r any act, omission, condition, status, or ci rcumstances.

Elements of Defamation 2. The imputation must be made publicly. 3. It must be malicious. 4. The imputation must be directed at a nat ural or juridical person, or one who is de ad.

5. The imputation must tend to cause the d ishonor, discredit, or contempt of the per son defamed.

Libel • Absolute Privileged Communicati on • Qualified or Conditionally Privile ged Communications • Interpreting the libelous Stateme nt

Libel in the Internet

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