A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Libel With Malicious Intent In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Penalties for Cybercrime in the Philippines Identity theft is punishable by imprisonment of up to 12 years and/or a fine ranging from ₱50,000 to ₱500,000. Hacking or unauthorized access may result in a penalty of imprisonment of 6 to 12 years, along with a fine that may reach up to ₱500,000.
The criminal and civil action for damages in cases of written defamations as provided for in this chapter, shall be filed simultaneously or separately with the court of first instance of the province or city where any of the accused or any of the offended parties resides at the time of the commission of the offense.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required.
Cyber libel carries severe penalties in the Philippines, more stringent than traditional libel under the Revised Penal Code. If a person is found guilty of cyber libel, they may be sentenced to imprisonment ranging from six (6) years and one (1) day to up to eight (8) years, as provided under Republic Act No. 10175.
Cyber libel carries severe penalties in the Philippines, more stringent than traditional libel under the Revised Penal Code. If a person is found guilty of cyber libel, they may be sentenced to imprisonment ranging from six (6) years and one (1) day to up to eight (8) years, as provided under Republic Act No. 10175.
To prove cyber libel, the following elements must be established: Defamatory Imputation – The statement must impute a crime, vice, defect, or any act that causes dishonor or discredit to a person. Publication – The statement must have been published, and in this case, social media is considered a public platform.
Libel: The penalty for libel under Article 355 of the RPC is imprisonment ranging from six months and one day to four years and two months, or a fine, depending on the gravity of the offense. Slander: Simple slander carries a penalty of arresto menor (one day to 30 days of imprisonment) or a fine.
MALICIOUS means that the writer knew the information was false and only wrote it to injure the person being written about. Another libel defense is PRIVILEGE. Privilege applies to libelous statements that may occur during government proceedings or in public documents.
Bail for cybercrime offenses in the Philippines is determined based on the offense's penalty, harm caused, and other factors. Approximate ranges include: Cyber libel: ₱10,000 to ₱60,000. Hacking with damage: ₱80,000 to ₱120,000.
To successfully prove defamation, whether libel or slander, certain elements must be present: Imputation of a Discreditable Act or Condition: The statement must accuse someone of a crime, vice, defect, or condition that discredits or dishonors them.
