Libel, post

(image credits as stated in the archives) 

1.Privileged communication as a concept in libel law and jurisprudence

 2.Seven occasions of privileged communication

 3. An illustration or example of each occasion of privileged communication (seven) based on news events.

4. The public figure doctrine in libel law and jurisprudence.

5.An illustration or example based on news events for each category/principle (three principles) stated under the public figure doctrine.

6.Fair comment as a concept in privileged communication and libel law and jurisprudence


7.The elements of libel.


8.A survey of all news reports of online libel complaints filed against individuals, netizens, news organizations, etc or cases prosecuted against the same, from January 2017 to June 2018 with a statement of the summary and the article/material on which the complaint is based.

One comment

  1. BLOG ADMIN’S NOTE FOR READERS: Most examples/ illustrative events provided are not in point.


    2014-89416

    What is privileged communication as a concept in libel law and jurisprudence?
    Answer: Privileged communication consists of words, statements, images, and other forms of expression that are exempt from punishment for libel because they concern public interest. Privileged communication is therefore a defense in libel “The law 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)

    Source: (People vs. Monton, 6 SCRA 801)

    What are the occasions of privileged communication (state seven)
    Answer:
    Fair and true report, made in good faith, without comment, of any judicial, legislative, or administrative proceeding.
    Fair and true report, made in good faith, without comment, of any statement or speech made in such proceedings.
    Fair and true report, made in good faith, without comment, of any acts in the performance of official functions of any public officials.
    Fair and true report, made in good faith, without comment, of any statement or entry of public interest contained in a public record.
    Fair and true report, made in good faith, without comment, of any official press releases of government agencies.
    Fair and true report, made in good faith, without comment, of any releases of news-gathering agencies.
    Fair and true report, made in good faith, without comment, of any matter of public interest and concern.
    Give an example of each occasion of privileged communication based on news events.
    Answer:
    In 1972, the U.S. Supreme Court rejected a news reporter’s claim of confidentiality in Branzburg v. Hayes.
    When Sen. Bong Revilla was brought to the PNP Custodial Center for further investigations regarding the PDAF Scam which only the senator and his counselor was allowed to talk inside his cell and no media was present.
    When the Department of National Defense of the Philippines website was hacked and their legal counsel was one of the allegedly suspects of the said issue.
    DOLE, DepEd, TESDA, and CHED has their own guidelines for the implementation of K-12 here in the Philippines to further master the curriculum and inhabit proper privacy rights to students.
    When the case of Teacher vs. the Parents of the students from St. Theresa’s College in Cebu. The faculty of the school was not allowed to have contact or reach out to the student’s mainly regarding the issue online.
    The “Hello Garci” tape scandal back during Pres. Gloria Arroyo’s term. She and Comelec’s Virgilio Garcillaano had on phone dialogues regarding the 2004 Election results.
    When a UP Student wins a photography contest using a Plagiarized photo. A letter of Apology was given by the student to the real photographer of the said photo and his prize was given to the second placer.
    What is the public figure doctrine?
    Answer: If the report is TRUE, with or without malice, there is NO LIABILITY. If the report is FALSE, without malice, there is NO LIABILITY. If the report is FALSE, with actual malice, there is LIABILITY.
    Give an example based on news events for each category/principle stated under the public figure doctrine.
    Answer:
    Facts to show motive for revenge: Justice Marvic Leonen contradicts self on Chris Lao and cyberbullying. Justice Leonen asked Prof Harry Roque whether the State should have the power to protect the cyberbullied Chris Lao, their former student. Leonen described Lao as a private figure transformed into a “public figure”. A public figure is a celebrity, someone who enjoys great fame or notoriety or has thrust himself into public view. (Ayer Productions v. Capulong, 1988)
    Knowledge of falsity: Carpio argues a simpler case for Roque. Carpio outlined that the Revised Penal Code libel provision was taken from the French Penal Code of 1810. Carpio thus argued the Revised Penal Code must now be unconstitutional and contradicts the Court’s free speech rules. Beyond free speech, Carpio added that the Revised Penal Code provision is unconstitutional because truth must be allowed as a defense under the 1987 Constitution’s principle of full public disclosure (Chavez v. PCGG, 1998).
    “Reckless disregard for the truth”: Sen. TG Guingona wants to impale the “Cyber-Dracula”. TG spoke against a “cyber-Dracula” “threatening to suck out our freedom of speech and expression” and hinders people’s participation in society. He feared “this law gives the State unlimited powers to invade our lives” in the contexts of free speech, equal protection and the rights against unreasonable search and double jeopardy.

    Source: (Tan, Oscar. (2013) Rappler, Supreme Court Idol: The Cyberlibel edition)

    Fair comment as a concept in privileged communication and libel law and jurisprudence.
    Answer:
    Affairs of the state, the workings of government, acts of governance, and acts of public officials.
    The manner of administering public institutions such as educational, religious, charitable institutions.
    The quality of public infrastructure, public works, public utilities, can be criticized or commented upon.
    The work of employees and personnel in public utilities, public works, public infrastructure, public services.
    Consumer products. You can comment on the quality of the food you bought from a fast food and consumed.
    Advertisements can be the subject of fair comment.
    Literary and artistic work including films, exhibits.
    Public entertainments, all kinds, such as TV shows.
    Involvement in public events such as sports, fashion shows, performances.
    There is a catch-all: Appeals to the public.
    What are the elements of libel?
    Answer:
    Defamation
    Malice
    Identification
    Publication
    Give a survey of all news reports of online libel complaints / cases filed or prosecuted from January 2017 to June 2018 by stating the summary and the article/ material on which the complaint is based.
    Answer:
    • January 2017 – Online libel emerged as the top complaint of Filipino internet users in 2016 with 494 complaints recorded compared to 311 recorded in 2015.
    • March 2017 – Erik Santos, manager fil libel complaint vs radio host: Together Erik Santos and manager Erickson Raymundo are seeking P24 million in damages from radio host Jobert Sucaldito.
    • Sep 2017 – Mocha Uson to resign if Trillanes wins libel case: The PCOO assistant secretary dares the opposition senator to pursue the case to prove he has balls.
    • Oct. 9, 2017 – UST Law Dean Divina sues Kapunan, Patricia Bautista for libel: Divina says this is just the first of ‘many complaints we will be filing nearly every day’.
    • Oct. 12, 2017 – Divina files 3rd libel suit vs Kapunan as he swears innocence in Castillo case: ‘Let me assure those behind this vilification campaign that they will feel the full weight of the law,’ Divina says.
    • Oct. 23, 2017 – DOJ approves another libel case vs Trillanes filed by ex-VP Binay: The case covers media statements by Trillanes that there is a “P100 Million racket a year” in Makati City.
    • Nov 2017 – Trillanes files cyber-libel complaint vs Thinking Pinoy blogger RJ Nieto: Senator Antonio Trillanes IV seeks Rey Joseph Nieto’s imprisonment and payment of civil damages and legal fees, amounting to nearly P1.3 million.
    • Dec 2017 – Pinoy Ako Blog’s Jover Laurio sues Franco Mabanta for libel: Jover Laurio of Pinoy Ako Blog says she received attacks and messages in her Facebook account similar to Mabanta’s disparaging her appearance.
    • Jan 2018 – NBI: Rappler can be liable for cyber libel despite non-retroactive law: The National Bureau of Investigation’s cybercrime chief believes that the theory of continuous publication applies to the case of Rappler.
    • Feb 2018 – NBI junks cyber libel complaint vs Rappler: The NBI’s legal and evaluation service says the complaint has gone beyond the one-year prescriptive period for libel.
    • March 2018 – Court orders arrest of Top Gear PH’s former editor-in-chief: Vernon Sarne is charged with cyber libel for identifying on a Facebook post the wrong person as the gunman in a 2016 road rage incident.
    • April 2018 – Cyber libel charges ‘unfounded’ – Rappler’s Maria Ressa: ‘The allegations against me are baffling and unfounded,’ says Rappler CEO Maria Ressa in her counter-affidavit filed with the DOJ on her behalf by her lawyers.
    • May 2018 – Calida: I’ll file charges against those maligning, libeling me: Solicitor General Jose Calida says the allegation that he engaged in an extra-marital affair is a ‘big fat lie’.

    (Links/Sources:)

    http://sc.judiciary.gov.ph/jurisprudence/2007/feb2007/156183.htm
    http://pacu.org.ph/wp2/wp-content/uploads/2014/07/DOLE-DEPED-TESDA-CHED-Joint- Guidelines-on-K- to-12.pdf
    http://www.gmanetwork.com/news/news/nation/327647/oh-snap-up-student-wins-photography-contest-with-plagiarized-photo/story/
    https://definitions.uslegal.com/p/public-figure-doctrine/
    https://www.rappler.com/thought-leaders/20089-supreme-court-idol-the-cyberlibel-edition
    https://www.rappler.com/trending/libel

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