Archive for the 'Libel' Category

Cybercrimes under the Cybercrime Prevention Act of 2012 (RA 10175)

The Cybercrime Prevention Act of 2012 (Republic Act No. 10175, An Act Defining Cybercrime, Providing For The Prevention, Investigation, Suppression And The Imposition Of Penalties Therefor And For Other Purposes) was signed by President Aquino on 12 September 2012. It will take effect fifteen (15) days after the completion of its publication in the Official […]

Guidelines in Imposing Penalties for Libel: Questions and Answers

What is libel? 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.” Related […]

Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (Administrative Circular 08-2008)

ADMINISTRATIVE CIRCULAR No. 08-2008 TO : ALL JUDGES SUBJECT : GUIDELINES IN THE OBSERVANCE OF A RULE OF PREFERENCE IN THE IMPOSITION OF PENALTIES IN LIBEL CASES. Article 355 of the Revised Penal Code penalizes libel, committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, […]

Anatomy of an Internet Libel Case (Part V)

We previously discussed that the two complaints for libel were dismissed as against RP Nuclei Solutions and Abe Olandres (Part IV). However, the cases were filed in court as against the two other individual respondents (Part III), who were the supposed authors of the allegedly libelous comments (Part II – basic facts). RP Nuclei Solutions, […]

Anatomy of an Internet Libel Case (Part IV)

This is the fourth of a six-part series discussing two complaints for internet libel. As stated in Part I (Introduction), this part will focus on the resolution in favor of Abe Olandres and the RP Nuclei Solutions, Inc. As noted in Part II (basic facts of the complaints), RP Nuclei Solutions, Inc. was impleaded as […]

Anatomy of an Internet Libel Case (Part III)

In this part of this six-part series, we will discuss the defenses raised by the main respondent in one of the two libel complaints filed before the Pasig City Prosecutor’s Office. You may also read Parts I, II, IV, V, and VI. In his Counter-Affidavit, the main respondent claims that the complaint is merely a […]

Anatomy of an Internet Libel Case (Part II)

As noted in Part I of this series, the basic facts of the complaints are discussed here, in Part II. There were actually two complaints for libel – one for each of the two main respondents – before the Pasig City Prosecutor’s Office. The complaints are based on Article 353 of the Revised Penal Code, […]

Anatomy of an Internet Libel Case (Part I)

The recent incoming link (at my other site) from Abe’s site alerted me to his post on surviving a libel suit. Considering that the cases – there were two consolidated libel cases – had been dismissed as against Abe, and considering that there’s no motion for reconsideration/appeal filed by any of the parties involved (none […]

Crackdown on bloggers, websites

Paraphrasing the words of technorati‘s Matt: “55 Million blogs…some of them may just be libelous.” Courts are being asked to crack down on bloggers and websites, reads a USA Today article. In a legal first, David Milum became the first blogger in the United States to lose a libel suit. The libel case stemmed from […]

Libel, e-Libel or Internet Libel

We see the explosion of e-groups, blogs, message boards and other fora wherein people share facts, views and opinions. With respect to established institutions, particularly newspapers, the Online Journalism Review reports how the made good use of the internet to expand the reach – and revenue – of its parent paper. Gauging from the […]

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