Dear Attorney,

I recently encountered some issues on social media, and I’m unsure whether the negative comments made about me by an individual are considered libel or slander. Could you help clarify the difference between these two offenses under Philippine law? I would like to understand how to properly address the situation and possibly seek legal recourse.

Thank you for your guidance.

Concerned Individual

Insights

Libel and slander are two forms of defamation under Philippine law, governed by the Revised Penal Code. Both involve the communication of false statements that damage the reputation of another person. However, there are critical distinctions between them, primarily based on the medium used and how the defamatory statements are expressed.

Libel

Definition and Legal Basis:
Libel, as defined in Article 353 of the Revised Penal Code, is a public and malicious imputation of a crime, vice, or defect, real or imaginary, which tends to cause dishonor, discredit, or contempt of a natural or juridical person. This must be done in writing or through similar means.

Libel can be committed through the following:

Written Communication - This includes newspapers, books, or online articles.
Broadcast Media - Defamation through television, radio, or other media falls under libel.
Digital Platforms - In the age of social media and the internet, the Cybercrime Prevention Act of 2012 (RA 10175) addresses online defamation. Libel committed via online platforms, such as social media posts or blog entries, is covered under this law, and the penalties are more severe compared to traditional libel.

Elements of Libel: For a successful libel case, the following elements must be proven:

Imputation - A defamatory statement was made.
Publication - The statement was communicated to at least one other person aside from the one defamed.
Identification - The person defamed must be identifiable, either directly or indirectly.
Malice - There is an intention to cause harm or defame, presumed when the statement is defamatory.

Penalties for Libel:
Under the Revised Penal Code, libel is punishable by prision correccional (imprisonment of six months to six years) or a fine ranging from ₱200 to ₱6,000. However, under the Cybercrime Law, the penalty for online libel is prision mayor (six to twelve years) or a fine of up to ₱1,000,000.

Slander

Definition and Legal Basis:
Slander, on the other hand, is oral defamation. It involves the verbal communication of a false and defamatory statement about another person. Slander is divided into two types under Philippine law:

Simple Slander - This refers to relatively minor verbal insults or defamatory remarks. Simple slander is covered under Article 358 of the Revised Penal Code.
Slander by Deed - This is a more serious form of slander involving an act committed in public that causes dishonor, discredit, or contempt to a person, which may include gestures or actions that have defamatory intent.

Elements of Slander: The essential elements of slander are similar to those of libel but focus on spoken words or actions:

Imputation - A false and malicious statement or act.
Publication - The statement or act must be seen or heard by at least one other person.
Identification - The defamed person must be identifiable.
Malice - Malice is presumed if the defamatory statement is proven.

Penalties for Slander:
Penalties for simple slander can range from arresto menor (one to 30 days of imprisonment) to arresto mayor (one to six months of imprisonment), depending on the gravity of the insult. Fines may also be imposed. Slander by deed, being a more serious offense, may carry a penalty of arresto mayor or prision correccional, depending on the circumstances.

Differences Between Libel and Slander

Medium: The primary distinction between libel and slander is the medium through which the defamation is conveyed. Libel is written or broadcast, while slander is verbal.
Permanence: Libel tends to be considered more damaging because it is published in a lasting form, such as writing or digital media. Slander, being oral, is often seen as transient, although it can still cause significant harm.
Presumption of Malice: Libel inherently presumes malice, especially when published publicly. For slander, malice must generally be proven unless the defamatory statement or act is clearly egregious.

Cyberlibel: An Evolving Legal Concept

With the advent of the internet, cyberlibel has become a significant concern in the Philippines. The Cybercrime Prevention Act recognizes that defamatory statements made online can have a wider and more lasting impact due to the global reach and permanency of digital platforms.

Cyberlibel cases have introduced new legal challenges regarding jurisdiction, especially when defamatory statements are made by individuals outside the Philippines but are accessible to Filipinos. Additionally, the Supreme Court of the Philippines has ruled that cyberlibel is a continuing crime, meaning that it can be charged even after the original post or publication, so long as it remains accessible online.

Defenses Against Libel and Slander

While defamation laws aim to protect individuals from malicious attacks on their reputation, there are defenses available to those accused of libel or slander. Common defenses include:

Truth - If the statement made is factual and can be proven true, it may serve as a defense, as truth is an absolute defense against defamation.
Privilege Communication - Some statements, though defamatory, may be privileged under the law. For example, statements made by public officials in the course of their duties or reports of judicial proceedings may be protected.
Fair Comment - In some instances, opinions or comments on matters of public interest may not be considered defamatory if they are made without malice and are based on true facts.

Conclusion

The distinction between libel and slander in the Philippines lies in the form of the defamatory statement—whether written, broadcast, or spoken. Libel, especially in the digital age, carries heavier penalties and broader implications due to the nature of modern communication. For individuals concerned about defamation, it is essential to understand the legal parameters, potential defenses, and recourse available. Legal assistance is advisable to navigate these complex laws effectively, especially when dealing with cyberlibel or public figures.

If you are involved in a potential defamation case, whether as the complainant or respondent, seeking legal counsel is vital to ensure your rights are protected and to understand the nuances of libel and slander in the Philippine legal context.