Requirement of Pubilicty
ART.354
Kinds of privileged communication:
1. Absolutely privileged – not actionable even if the actor has
acted in bad faith;
2. Qualifiedly privileged – those which, although containing
defamatory imputations, are not actionable unless made with
malice or bad faith.
General Rule: Every defamatory imputation is presumed malicious,
even if it be true, if no good intention and justifiable motive
for making it is shown.
Exceptions:
1. private communication in performance of legal, moral or
social duty
2. Requisites:
a. That the person who made the communication had a legal,
moral or social duty to make the communication or at
least he had an interest to be upheld;
b. That the communication is addressed to an officer or a
board, or superior, having some interest or duty on the
matter; and
c. That the statements in the communication are made in good
faith without malice in fact.
3. fair and true report of official proceedings, made in good
faith, without any comments and remarks
4. Requisites:
a. That the publication of a report of an official
proceeding is a fair and true report of a judicial,
legislative, or other official proceedings which are not
of confidential nature, or of a statement, report, or
speech delivered in said proceedings, or of any other
act performed by a public officer in the exercise of his
functions;
b. That it is made in good faith; and
c. That it is made without any comments or remarks
Prosecution must prove malice in fact to convict the accused in
case of qualified privileged communication
The privilege simply does away with presumption of malice
Absolute Privileged Communication: not actionable even if done
in bad faith – statements made by members of Congress in
discharge of functions, Judicial Proceedings when pertinent
and relevant to subject of inquiry
Qualified privilege is lost by proof of malice
Applying to wrong person due to honest mistake does not take
case out of the privilege
Unnecessary publicity destroys good faith
Defense of privileged communication in paragraph 1: will be
rejected if it is shown that accused acted with malice in fact
and there is no reasonable ground for believing the charge to
be true(for example, no personal investigation made;
probable cause in belief is sufficient)
Malice in fact: rivalry or ill-ffeling existing at date
of publication, intention to injure the reputation of
offended party, motivated by hate and revenge
In proceedings, communication/ pleadings/others must be
pertinent and material to subject matter to be covered by
privilege
Only matters which are not confidential in nature may be
published
Defamatory remarks and comments on the conduct or acts of
public officers which are related to the discharge of their
official duties will not constitute libel if defendant proves
the truth of imputation; any attack upon private character on
matters not related to discharge of official duties may be
libelous
Conduct related to discharge of duties of public officers are
matters of public interest
Mental, moral and physical fitness of candidates for public
office may be object of criticism; criticism – does not follow
a public man into his private life and domestic concerns
Statements made in self defense or in mutual controversy are
often privileged; person libeled is justified to hit back with
another libel
However, retaliation and vindictiveness cannot be basis of
self-defense in defamation; self-defense must be on matters
related to imputations made on person invoking defense
He who published what is true, and in good faith and for
justifiable ends, incurs no responsibility
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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.
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