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the blogger's freedom of

expression
AND THE CYBER LIBEL LAW
GROUP 1

November 15, 2022

 table of
CONTENTS
Main topics of this report that will be discuss one by one.

scope of freedom of bases of guarantee of the right

Blog and blogger expression of freedom of expression

definition of libel
and cyber law
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Definitions of blog and blogger

BLOG
A blog (a shortened version of “weblog”) is an
BLOGGER
A blogger is someone who runs and controls
online journal or informational website a blog. He or she shares his or her opinion
displaying information in reverse and knowledge on different topics for a target
chronological order, with the latest posts audience.
appearing first, at the top. It is a platform
where a writer or a group of writers share their
views on an individual subject.

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Scope of
FREEDOM OF EXPRESSION
In the quest to build a people-centered, inclusive and development oriented information society
respecting fully and upholding the Universal Declaration of Human Rights, as well as the universality,
indivisibility, interdependence and interrelation of all human rights and fundamental freedoms - in this
quest the freedom of expression plays a fundamental role. Just as the Internet is a catalyst for exercising
human rights, so freedom of expression is an enabler of civil and political, economic, social and cultural
rights.

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SCope of freedom of expression

freedom from prior restraint of

CENSORSHIP is largely freedom from government censorship of publications,
whatever the form of censorship, and regardless of whether it is wielded
by the executive, legislative or judicial branch of the government.

It is the prohibition or the limitation on the state to impose criminal or

freedom from
civil liability after the utterance of an expression.
PUNISHMENT
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BASES OF GUARANTEE OF THE RIGHT

OF FREEDOM OF EXPRESSION

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What is freedom of expression?

The term “freedom of expression” itself has existed since ancient times, dating back at least to the Greek
Athenian era more than 2400 years ago! However, this particular form of freedom of expression was actually
very limited and reserved for a very small group of the population.

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas through any media and regardless
of frontiers”.
(Article 19, Universal Declaration of Human Rights, 1948)

“Everyone shall have the right to hold opinions without interference. Everyone shall have the right to freedom of
expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his
choice” (Article 19, International Covenant on Civil and Political Rights, 1966)
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quick question:
DO YOU THINK YOU HAVE FREEDOM OF EXPRESSION?
WHEN WAS THE LAST TIME YOU EXERCISED YOUR FREEDOM OF
EXPRESSION?

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Bases of Guarantee of the Right of freedom of expression

why does freedom of expression

MATTERS? Freedom of expression enables dialogue, builds understanding, and
increases public knowledge. When we can freely exchange ideas
and information, our knowledge improves, which benefits our
communities and societies.
Freedom of expression also enables us to question our governments, which helps to keep them
accountable.

“ Everything that is really great and inspiring is created by the individual who can
labor in freedom”

Albert Einstein (1879-1955)

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Bases of Guarantee of the Right of freedom of expression

discovery of the
TRUTH The first Amendment is neither "left-wing" of "right-wing". The
First Amendment is for everyone.

for self-
The first Amendment guarantees our right to free expression
and free association. GOVERNMENT
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limitation on the Dangerous Tendency Test

GUARANTEE Clear and Present

Tendency Test
Standard for allowable
subsequent punishment
Balancing of Interest Test

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definition of libel and cyber libel law

LIBEL
is the publication of false statements or
CYBER LIBEL
is any sort of libel that is perpetrated via the
circumstances tending to cause the dishonor, internet, a computer system, information and
discredit that damage someone’s reputation. communications technologies (ICTs), or any
It is also referred to as defamation. An opinion other similar method.
is not libel. Libel refers to specific facts that can
be proved untrue.

If a person commits libel therefore, through the use of the internet or ICTs, he/she should be prosecuted
under the terms of the RPC with the qualifying circumstance of use of ICTs under RA 10175, which makes
the crime cyber libel. The penalty for the crime is then increased.

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reasons for punishing

defamation
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reasons for punishing defamation

KNOWING DEFAMATION
Defamation is a statement that injures a third party's reputation. The tort of defamation
includes both libel (written statements) and slander (spoken statements). Defamation is a
tricky area of law as the lines between stating an opinion versus a fact can be vague, and
defamation tests the limits of the first amendment freedoms of speech and press.

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reasons for punishing defamation

ONLINE DEFAMATION
Defamation law has evolved over hundreds of years, with courts trying to balance one
person's freedom of expression against another person's right to defend their reputation.
The internet has allowed more free speech than ever before and more opportunities to
trash someone's character with a post or a comment.

Traditional defamation cases involve newspaper articles, magazines, letters to the editor, and
television and radio broadcasts. Online defamation happens on various platforms, including:
Facebook - Twitter - Instagram - TikTok - NextDoor - LinkedIn - Reddit - Yelp and other review
sites, and blogs.

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reasons for punishing defamation

PROVING DEFAMATION
Each state has its own defamation laws, but the basic principles are the same no matter
where you file your lawsuit. A plaintiff suing for online defamation typically must show that
the defendant:
a. made a false statement of fact
b. the statement was made to someone other than the plaintiff
c. the statement harmed the plaintiff's reputation, and
d. the defendant was "negligent" (careless) about whether the statement was true or false.

For an imputation to be libelous under Art. 353 of the RPC, the following requisites must be
present: (a) it must be defamatory; (b) it must be malicious; (c) it must be given publicity;
and (d) the victim must be identifiable
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reasons for punishing defamation

Defamation is harder to prove than it may seem at first glance. Remember, the statement has to be a
false statement of fact. Many defendants argue that what they said about the plaintiff wasn't defamatory
because it was true or that it was an opinion and not a fact. A defendant might also argue that the
plaintiff's reputation was already so bad that the defendant didn't harm it.

THINGS TO DO BEFORE YOU FILE DEFAMATION

Take screenshots of the defamatory remarks. Keep a record of the financial impact the defamation has
Keep a list of URL links to the defamatory had on you, like receipts, pay stubs, and medical bills.
remarks. Talk to witnesses who have read or viewed the offending
posts.

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 reasons for punishing defamation

EXAMPLES OF DEFAMATION
Let's say that you have a Twitter account and you tweet that John Smith hit his wife two weeks ago. If this
statement is false (remember, truth is a defense to defamation), it is defamatory. Falsely accusing
someone of a crime in writing is so obviously damaging to that person's reputation that it requires no
further proof of harm (called "libel per se").

ARE OPINIONS PROTECTED?

But let's say you wrote, "I think that John Smith hit his wife two weeks ago." Statements of opinion are
protected from defamation lawsuits. But is this really a statement of opinion? Sometimes statements of
opinion are viewed as statements of fact, depending on the circumstances. In this case, the average person
may very well consider your tweet a statement of fact, depending on how well you know John Smith and his
wife, and why you think that Smith hit his wife.

The bottom line: Just because you phrase something as a statement of opinion—"I think" or "I believe"—doesn't
automatically protect you from a defamation claim.
reasons for punishing defamation

WHAT IF A STATEMENT IS ONLY PARTIALLY TRUE?

Let's take another example. Let's say that you commented on someone else's Facebook post that Mary
Johnson was fired from her job because she made a serious mistake and cost her company a big client.
Again, if this is a false statement, it's almost certainly defamatory. Questioning a person's professional
integrity or competence is another category of defamation per se.

But what if your comment is partially true? What if Mary made a serious mistake, but didn't cause her
company to lose a big client? A case like this will probably turn on whether Mary can prove that you were
negligent (careless) about figuring out whether your comment was true or false.

The bottom line: If you're posting about people online, make sure that you have all of your facts straight.
Once you tap "post" or click "send," you can't take it back.

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bible verse of the day

1 Peter 2:1 “So put away all malice and all deceit and hypocrisy and
envy and all slander.”

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1. PUBLICATION OF DEFAMATION IS REQUIRED

In order for a statement to constitute

elements of defamation, it must be published. "Published"

can mean any type of publicly accessible

DEFAMATION medium; libel may be printed in a magazine;

slander could be found in a television
interview. What is most important to prove is
that the words reached the public in a manner
that was accessible and shared.

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Elements of defamation
2. THE PERSON BEING DEFAMED WAS
IDENTIFIED BY THE STATEMENT
Identification is the second element needed to
prove defamation. For example, a statement
that "all Hollywood actors have probably
cheated on their partners" is not libel or
slander because it does not identify one
individual person whose reputation may be
harmed.
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3. THE REMARKS HAD A NEGATIVE IMPACT ON
THE PERSON’S REPUTATION
Defamatory remarks or speech must have a
negative effect on how a person is viewed by
the general public or by those they contact.
Written or spoken statements that do have a
negative effect are referred to as "defamatory"
and can have a number of harmful effects on
the client.
Elements of defamation

4 THE PUBLISHED INFORMATION IS 5 THE DEFENDANT IS AT FAULT

DEMONSTRABLY FALSE
Defamation occurs when a false claim about
someone is made. In order for a statement to
be considered defamation, it must be both
false and proveable. Even if a statement is
damaging to a person's reputation, if it is true,
it does not qualify as defamation.
Finally, the individual being accused of
defamation must be the one who made the
comment in order for it to be considered
defamatory under the law. A defamatory
comment may not always be the responsibility
of the one who spoke or wrote it in the first
place. For example, a person who conducts a
televised interview and is afterwards
misquoted may not be held liable for
defamation.

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Libel as unprotected speech GROUP 1

Libel as
UNPROTECTED SPEECH
What is Libel?The Libel is a written or oral defamatory statement or representation that conveys an unjustly
unfavorable impression.

“Speech” has been broadly defined by the courts to include not only verbal expression, but also visual art,
music, theater, dance, and other expressive conduct and non-verbal forms of communication.

Government suppression of otherwise legal speech can be justified only if the government can advance a
compelling reason.

More often, free speech cases involve claims that government regulations are vague or overly broad, or
that the government is engaging in viewpoint discrimination – trying to suppress speech indirectly, using
its policing or spending powers, because of opposition to the message it conveys.
libel as unprotected speech

BASED ON ARTICLE III, SECTION 4

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.

Meaning, It guarantees freedom of expression by prohibiting Congress from restricting the press or the
rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and
to petition their government.

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libel as unprotected speech
In some circumstances, the Supreme Court has held
that certain types of speech are of only “low” First
Amendment value, such as:
a. Defamation: False statements that damage a
person’s reputations can lead to civil liability (and even
to criminal punishment), especially when the speaker
deliberately lied or said things they knew were likely
false.
b. True threats: Threats to commit a crime (for example,
“I’ll kill you if you don’t give me your money”) can be
punished.
c. “Fighting words”: Face-to-face personal insults that
are likely to lead to an immediate fight are punishable.
d. Obscenity: Hard-core, highly sexually explicit
pornography is not protected by the First Amendment.
The government can restrict speech under
a less demanding standard when the
speaker is in a special relationship to the
government. For example, the speech of
government employees and of students in
public schools can be restricted, even
based on content, when their speech is
incompatible with their status as public
officials or students. A teacher in a public
school, for example, can be punished for
encouraging students to experiment with
illegal drugs, and a government employee
who has access to classified information
generally can be prohibited from
disclosing that information.
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Libel
Libel is a form of defamation that is permanent. An example of libel is an untrue
tweet about someone being against LGBT rights. Unlike libel, slander is a
temporary form of defamation. An example of slander is an untrue spoken
statement on a radio show, such as accusing someone being a racist.

elements
Generally, the constitutive elements of libel are: (a) defamatory
imputation; (b) malice; (c) publication; and (d) identifiability of the
victim. Where one element is missing, the libel action should be
dismissed.

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Libel: Definitions and elements

REVISED PENAL CODE ARTICLE 353 -

DEFINITION OF LIBEL
A libel is public and malicious imputation of a crime,or of a vice or defect, real or imaginary, or any
act,omission, condition, status, or circumstance tending tocause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory of onewho is dead .

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thank you
for listening!
November 15, 2022 GROUP 1 BSIS