Dear Attorney,
I am seeking legal advice about defamation in the form of slander or libel. I would like to know the grounds that may constitute slander or libel under Philippine law and what specific actions or statements might be considered defamatory. How can one prove these accusations? Additionally, what defenses can be raised against such claims?
Thank you for your time and assistance.
Concerned Citizen
Insights
In the Philippines, both slander and libel fall under the broader category of defamation, which is governed by Articles 353 to 362 of the Revised Penal Code. Defamation is any imputation of a crime, vice, defect, act, or omission that discredits or dishonors a person’s reputation in the eyes of the public. The two main types of defamation are:
- Libel
Libel refers to defamatory statements that are published or communicated in a fixed medium, such as in writing, print, or broadcast media, including social media platforms. Under Article 353, libel is defined as public and malicious imputation of a crime, vice, defect, or any act that tends to cause dishonor, discredit, or contempt of a person.
The key elements that must be proven in a libel case are:
- Imputation of an act or omission: The defamatory statement must refer to a specific individual or a class of individuals, provided the class is small enough to identify its members.
- Malice: The defamatory statement must have been made with malicious intent to harm or dishonor. Even in cases of presumed malice, this element is crucial to hold the defendant liable.
- Publication: The defamatory statement must be communicated to at least one third party, either through traditional media or online platforms.
- Identification: The individual or group affected by the defamatory statement must be identifiable.
- Slander
Slander, on the other hand, refers to spoken defamation. It is also defined under Article 358 of the Revised Penal Code as the oral imputation of a crime, vice, or defect. Unlike libel, which requires publication, slander is made through verbal utterances in casual or public conversations. The damage caused by slander is more immediate and limited to the audience that hears the defamatory statement.
There are two types of slander:
- Simple slander: Defamatory oral statements that do not involve a serious accusation but still damage one's reputation.
- Slander by deed: Defamation committed not through words but through acts that are humiliating or offensive to the victim.
Defenses against Slander and Libel
Several defenses can be raised against accusations of slander or libel, such as:
- Truth: If the imputation is proven true and was made with good motives and justifiable ends, this can be a complete defense.
- Privilege communication: Statements made in privileged settings, such as judicial proceedings, legislative sessions, or certain qualified communications (e.g., employer-employee relationships), are exempt from libel liability.
- Fair comment: Expressions of opinion or criticism, especially concerning public figures or matters of public interest, are protected, provided they are not malicious.
In slander and libel cases, proving malice or lack of it, as well as determining the intent behind the statements, are often crucial in deciding whether the defendant can be held liable for defamation.