Title 13 - (353-364) Flashcards
What is defamation of character
Libel is a form of defamation of character of a certain individual.
The nature and consequences thereof are, in its essence, universal.
DoC — may be directed against one’s dignity, personality, condition, status, sex, and other similar characteristics or attributes.
In every act of libel, there is malice.
What is libel?
A libel is public and malicious imputation of a [ACCCORiDSV] crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance
tending to cause the [ddc] dishonor, discredit, or contempt of a natural or juridical person, [or] to blacken the memory of one who is dead.
What is Malice in Libel
Malice is the
- intentional doing of a wrongful act
- without just cause or excuse,
- with the intent to inflict an injury or under circumstances that the law will presume an evil intent.
Malice in libel, therefore, is the unwarranted, unjustified, and wrongful motive, intention, and objective of the author of a certain libelous remark to make known to third persons the supposed denigration of another individual, who is the subject of the libelous attacks.
- denigration - attack on the capacity, character or reputation
What is the test of defamatory character of words used
a charge is sufficient if the words are calculated to induce the hearers to [suppose and understand] that the person against whom they were uttered was;
- guilty of certain offenses or
- are sufficient to impeach his honesty, virtue, or reputation or
- to hold him up to public ridicule
What is Malice in the Law
Malice in Law (or Presumed Malice) is that kind of malice that the law presumes upon the commission of a certain intentional wrongdoing. It need not be proved by evidence or even cumulative proofs tending to establish the same, as the law steps in to state it as such.
It dispenses with the proof of malice when words that raise the presumption are shown to have been uttered. It is also known as constructive malice, legal malice, or implied malice.
Necessarily, it is the tenor of the content that is basically the basis in determining whether the same is malicious or not. If such contents, statements, or other descriptions are derogatory or defamatory in character, even without probing on its truthfulness, much less proving
What are the defenses when assailing the law’s presumption of malice?
Justification
Good Faith
Privilege
justification (it is true)
good faith (reasonable grounds to believe it was true)
privilege (falls under freedom of speech, etc.)
What are the exceptions to Presumed Malice (Malice in Law)?
[Art. 354]. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:
[There are two situations where the presumption of malice doesn’t apply:]
- A private communication made by any person to another in the performance of any [lms] legal, moral or social duty; and
- ex. reporting child abuse to authorities - A fair and true report, made in good faith, WITHOUT any comments or remarks, of any judicial, legislative or other official proceedings which are NOT of confidential nature, [or] of any statement, report or speech delivered in said proceedings, [or] of any other act performed by public officers in the exercise of their functions.
[Art. 361.] Proof of the truth. — In every criminal prosecution for libel, the TRUTH may be given in evidence to the court and if it appears that the matter charged as libelous is true, ||and, MOREOVER, that it was published with good motives [and] for justifiable ends, || the defendants shall be acquitted
EXC of Presumed Malice, even if the imputations appear to be defamatory, it will NOT be presumed malice if they fall within the scope of 354
- Private [privilege] communication made in the performance of legal, moral, and social duty
-
fair and true report of;
a. any JUDicial, LEGislative, or other official proceeding which are NOT confidential in nature
b. any [ssr] statement, speech, or report delivered in said proceedings
c. any other act performed by public officers in the exercise of their functions
[Art. 361.] Proof of the truth. — In every criminal prosecution for libel, the TRUTH may be given in evidence to the court and if it appears that the matter charged as libelous is true, ||and, MOREOVER, that it was published with good motives [and] for justifiable ends, || the defendants shall be acquitted
.
What is Malice in Fact
is a positive desire and intention to annoy and injure. It may denote that the defendant was actuated by ill will or personal spite.
It is also called express malice, actual malice, real malice, true malice, or particular malice.
Malice in Fact
v
Malice in Law
[MIF]
- no relevant defenses
- burden of proof on the accused to prove def’t acted with malice
[MIL]
- has defenses
- burden on proof on the defendant
What are the kinds of defamatory cases?
- Libel (355-357)
- Oral defamation (358)
- Slander by Deed (359)
What is libel?
It is a defamatory remark, statement, or description in writing or printed on any canvass that is attributed and directed to certain individual. It has to be made known to third persons.
what is oral defamation?
As differentiated from Libel per se, this one, while also a defamatory remark, is NOT printed or in writing. Oral Defamation is done by uttering derogatory statements towards a certain person for the purpose of maligning him or her in public, with greater extent besmirching (ruining) his or her reputation
What is slander by deed
They mainly differ in the manner of their respective executions. In the two previous defamatory acts, one is writing, and the other is uttering. On the other hand, Slander by Deed is the physical act of defaming. For instance, slapping a person in front of the public for the purpose of degrading his or her dignity. Holding the breast of a woman in full view of by standers with the objective of shaming her
libel v. oral defamation v. slander by deed
Libel: Defamation through written or printed communication.
Oral Defamation (Slander): Defamation through spoken communication.
Slander by Deed: Defamation through actions or gestures
