Dear Attorney,

I recently became aware that someone has been spreading false rumors about me in our community, and these untruths have seriously affected my reputation. Could this person be held legally accountable for this? What actions can I take, and what penalties might apply to them under Philippine law?

Concerned Individual

Insights

In the Philippines, defamatory acts are penalized under the Revised Penal Code (RPC) through provisions on libel and slander. Defamation refers to an act of making false statements about an individual that harm their reputation, whether in oral, written, or online form. This is considered a criminal offense in the Philippines.

1. Libel and Slander Defined

Libel is defined under Article 353 of the Revised Penal Code as a public and malicious imputation of a crime, vice, or defect (whether real or imaginary) that tends to dishonor, discredit, or cause contempt to a person. This must be expressed through writing, printing, lithography, engraving, radio, photographic or other similar means, including electronic communications such as social media posts.

On the other hand, slander refers to defamatory statements that are spoken or gestured. The RPC differentiates between simple slander and slander by deed.

Simple slander involves orally uttered defamatory remarks that are considered mild and non-serious.
Slander by deed involves defamatory actions or gestures that cause dishonor, discredit, or contempt for a person.

2. Elements of Defamation

For a successful prosecution of a defamation case, the following elements must generally be established:

The defamatory statement or imputation must have been made.
The imputation must have been publicized.
The statement must be malicious.
The imputation must pertain to a specific person.
The statement must be injurious to the reputation of the person.

3. Defenses Against Defamation Claims

Several defenses are available to someone accused of defamation. These include:

Truth: If the alleged defamatory statement is proven to be true and said in good faith, this may serve as a defense in cases of libel or slander. However, this defense might not apply if the statement, although true, is unnecessarily and maliciously publicized.
Privileged Communication: Communications made in the proper discharge of an official duty or in the exercise of a right, such as in judicial proceedings or legislative debates, are generally protected from defamation suits.
Lack of Malice: A lack of malicious intent can serve as a defense, particularly if the communication was not aimed at discrediting or dishonoring another person.

4. Criminal and Civil Liability

Both criminal and civil liability may arise from defamation in the Philippines:

Criminal Penalties for Libel: Under the RPC, libel is punishable by prisión correccional in its minimum to medium periods (from 6 months to 4 years and 2 months). In addition, under the Cybercrime Prevention Act of 2012, if the defamatory statements are made online, the penalty for cyber libel is higher, with imprisonment ranging from prisión correccional in its medium to maximum periods (from 4 years, 2 months, and 1 day to 8 years).
Criminal Penalties for Slander: The penalty for simple slander is arresto menor or imprisonment for 1 day to 30 days. In cases of slander by deed, the penalty can range from arresto mayor in its maximum period (1 month and 1 day to 6 months) to prisión correccional in its minimum period.
Civil Liability: In addition to criminal penalties, the aggrieved party may file a separate civil action for damages under the Civil Code. The person making the defamatory statement may be ordered to pay actual, moral, and exemplary damages to the victim.

5. Online Defamation and Cyber Libel

With the rise of the digital age, defamation cases have increasingly been associated with cyber libel, governed by the Cybercrime Prevention Act of 2012 (Republic Act No. 10175). This law has expanded the scope of traditional libel to include defamatory statements made through electronic means or the internet, including social media platforms, blogs, and forums.

Under the law, cyber libel carries a penalty one degree higher than traditional libel due to the wider reach and potentially greater impact of online statements. This means the maximum penalty for cyber libel could reach 8 years of imprisonment. Additionally, persons convicted of cyber libel may be held financially liable for damages sustained by the aggrieved party.

6. Filing a Defamation Case

If you believe you have been defamed, you may file a criminal complaint with the Office of the City Prosecutor. The complaint should include the following:

A narrative of the defamatory act, supported by evidence such as witnesses, screenshots (for cyber libel), or recordings.
A certification from the National Bureau of Investigation (NBI) or the Philippine National Police (PNP) to identify the perpetrator if the defamation occurred online and the identity of the person responsible is unclear.

After an investigation, the prosecutor will determine if there is probable cause to file a case in court.

It is essential to act promptly, as defamation cases have a prescriptive period:

For libel, the prescriptive period is 1 year from the time of the publication of the defamatory statement.
For slander, the prescriptive period is 6 months from the date the statement was made.
For cyber libel, the prescriptive period is 15 years.

7. Advice to Victims of Defamation

If you are a victim of defamation, it is important to gather and secure all evidence of the defamatory acts as early as possible. This includes documenting all communications, statements, or publications related to the defamatory remarks. Furthermore, consulting with a legal professional is crucial to understand the legal remedies available and the appropriate steps to take.

Additionally, in cyber libel cases, it is advisable to take immediate steps to preserve online evidence, as online posts can easily be deleted or altered.

In conclusion, defamation, whether in the form of slander, libel, or cyber libel, is a serious offense in the Philippines. Legal actions, both civil and criminal, are available to protect a person’s reputation and provide justice for victims of harmful, malicious statements. Victims should act quickly, secure the necessary evidence, and consult with a lawyer to assess their options and ensure the proper legal procedures are followed.