If you call someone a scum-sucking, slimeball, swindling pimp, even if this is fairly accurate, and post it online, you may be sued for making libelous statements.
Defamatory words are those calculated to induce the hearers or readers to suppose and understand that that the person or persons against whom they were uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hold the person or persons up to public ridicule. Philippine law also presumes every defamatory imputation to be malicious, even if true, if no good intention and justifiable motive for making it is shown (Article 254 of the Revised Penal Code). Malice exists when there is an intentional doing of a wrongful act without just cause.
The libel must be given publicity, circulated or publicized. Postings in a forum, message board or blog can certainly be considered as publication. Lastly, the victim or offended party must be identifiable.
Given the volume of online content, and the highly personalised and damaging nature of some of this content, it is seen as inevitable that more defamation cases will be taken.
Whether the plaintiffs go the distance to a full court hearing is less certain, given that many online publishing ventures are not well funded.
Next time you’re thinking of taking a pot shot at someone in your blog, through Facebook or through an online forum, think twice about what you write.
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