Podcast
Questions and Answers
What is the court responsible for handling cyber libel cases?
What is the court responsible for handling cyber libel cases?
Where is the venue determined for libel cases involving public officials?
Where is the venue determined for libel cases involving public officials?
Who has the right to choose the venue for libel cases?
Who has the right to choose the venue for libel cases?
What type of libel is the given statement an example of?
What type of libel is the given statement an example of?
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What is the article number that identifies the persons responsible for libel?
What is the article number that identifies the persons responsible for libel?
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What determines the jurisdiction of cyber libel cases?
What determines the jurisdiction of cyber libel cases?
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What happens when multiple courts file a case for the same libelous article?
What happens when multiple courts file a case for the same libelous article?
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What is the main difference between cyber libel and traditional libel?
What is the main difference between cyber libel and traditional libel?
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What is the purpose of researching cyber libel cases in the Philippines?
What is the purpose of researching cyber libel cases in the Philippines?
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What is the next step after researching cyber libel cases?
What is the next step after researching cyber libel cases?
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Study Notes
Freedom of Expression and Cyber Libel Law
- The Philippine Constitution guarantees the right to freedom of speech, expression, and participation in activities aligned with one's beliefs.
- Section 4 of the 1987 Constitution, Article III – Bill of Rights, states that "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances."
Importance of Freedom of Speech
- Freedom of speech is essential for the search for truth and the development of public opinion.
- It allows citizens to participate in the democracy and hold public officials accountable.
Limitations on Freedom of Expression
- The Constitution does not provide unlimited freedom of expression; individuals are not allowed to cause harm to others through their speech.
- Section 4(c)(4) of the Cybercrime Law (RA10175) makes libel a crime, even if committed through a computer system or similar means.
Cyber Libel
- Article 355 of the Revised Penal Code defines libel as a public and malicious imputation of a crime, vice, or defect, real or imaginary, that tends to cause dishonor, discredit, or contempt of a natural or juridical person.
- Libel can be committed through any similar means, including writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any other means.
Elements of Defamation
- There must be an imputation of a crime, vice, or defect, real or imaginary.
- The imputation must be made publicly.
- The imputation must be malicious.
- The imputation must be directed at a natural or juridical person, or one who is dead.
- The imputation must tend to cause dishonor, discredit, or contempt of the person defamed.
- In cyber libel, the writing must be done through a computer system or any other similar means.
Cases and Examples
- A blogger's hateful comments about public figures can be considered libelous.
- A post on social media that imputes a crime or vice to someone can be considered libel if all the elements of defamation are present.
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Description
This quiz assesses knowledge on freedom of expression, its limitations, and cyber libel law. It covers rights, punishments, and defamation elements.