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Definition of Libel
A 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.
Libel is a defamation committed by means of:
writing,
printing,
lithography,
engraving,
radio,
phonograph,
painting or
theatrical or cinematographic exhibition, or any
similar means.
Defamation - includes libel and slander, means the offense of
injuring a persons character, fame or reputation through false and
malicious statements.
b). Literary outlets such as through letters, books, poems, songs, stage
plays, movies, paintings, drawings, pictures, sculpture and the like
(a) There must be an imputation of (1) a crime, (2) a vice or defect, real
or imaginary, or (3) any act, omission, condition, status, or circumstance;
(b) The imputation must be made publicly;
(c) It must be malicious;
(d) The imputation must be directed at a natural or juridical person, or
one who is dead;/ the person libeled is identified
(e) The imputation must tend to cause dishonor, discredit or contempt of
the offended party.
(a)
b). Statements should not be interpreted by taking the words one by one
out of context; they must be taken in their entirety.
Examples:
A lady complains over the radio that there was discrimination against Cordillera
women in the selection of candidates to the Miss Baguio Pageant
A teacher declared in an interview that the students of one school are less
intelligent than those in another school
(b)
(B). If it was the victim himself and not the accused, who showed,
informed or relayed the libelous material to others, then the
accused is not liable.
Example:
If the same libelous news is published in two or more newspapers, then
there will be such number of separate libels corresponding to the
different newspapers which published the material.
(c)
ex:
X calls the radio and announces that the family of Juan de la Cruz is a
family of thieves.
It is the malice which must be proven by the plaintiff. He must
prove the purpose of the accused which is to harm or injure
his reputation. This arises either because:
b).The civil case must also be tried in the RTC trying the criminal
case (No separate civil action)
a). The Authors of the written defamatory article, the artists, sculptor, or
painter
b). Any person who shall publish, exhibit or cause the publication or
exhibition thereof ( i.e. those persons other than the author, who make
known the libelous matter to a third person)
c). the editor or business manager of the print media where the article
was published
a). the speaker, announcer or utterer of the defamatory
statements aired over the broadcast media; the host of the show
where the libelous statement is made