Persons Responsible Libel
ART.360
PERSONS LIABLE:
1. The person who publishes, exhibits or causes the publication
or exhibition of any defamation in writing or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily newspaper magazine
or serial publication; and
4. The owner of the printing plant which publishes a libelous
article with his consent and all other persons, who in any
way participate in or have connection with its publication.
VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES
IN CASES OF WRITTEN DEFAMATION:
1. where the libelous article is printed and 1st published, or
2. where any of the offended parties actually resides at the
time of the commission of the offense, or
3. where one of the offended parties is a public officer:
a. if his office is in the City of Manila, with the RTC of
Manila, or the city/province where the article is printed
and 1st published
b. otherwise, with the RTC of the city/province where he
held office at the time of offense; or where the article
is 1st published, or
4. where one of the offended parties is a private individual,
with the RTC of province/city where he actually resides at
the time of the crime or where the article was printed or
1st published.
Complaint for defamation imputing a private crime (i.e.
adultery, concubinage, seduction, abduction, and acts of
lasciviousness) must be filed by the offended party.
Person who publishes libelous letter written by offended party
is liable (publishing and not composing is the prime requisite
of crime)
Liability of editor is same as author
Limitations of venue: in order to minimize interference with
public function if a public officer, and also to avoid
unnecessary harassment of accused(to limit out-of-town
libel suits)
Actual damages need not be proved where publication is libelous
per se
Action for exemplary damages may be awarded if action is based
on quasi-delict
No remedy for damages for slander or libel in case of absolutely
privileged communication
Under Republic Act no. 8792, otherwise known as the Electronic
Commerce Act, a party or person acting as a service provider
incurs NO civil or criminal liability in the making, publication,
dissemination or distribution of libelous material if:
a) the service provider does not have actual knowledge, or is not
aware of the facts or circumstances from which it is apparent
that making, publication, dissemination or distribution of
such material is unlawful or infringes any rights;
b) the service provider does not knowingly receive a financial
benefit directly attributable to the infringing activity;
c) the service provider does not directly commit any
infringement or other unlawful act and does not
induce or cause another person or party to commit any
infringement or other unlawful act and/or does not benefit
financially from the infringing activity or unlawful act of
another person or party (Section 30, in relation to Section
5, E- Commerce Law
Share This:
Bigwas
I'm Bigwas. I have a degree in Criminology and Law.English is not my major. I'm a web developer by day and a blogger by night. I hope you learn something from my blog.
No Comment to " Persons Responsible Libel "
Post Any Question Or Correction