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LIBEL / CYBERLIBEL / DEFAMATION

A libel is a public and malicious imputation of a crime, or of a vice or defect, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (Art 353 of the revised penal code)

Exception: Qualified Privileged Communication

Libelous remarks or comments connected with the matters privileged, if made with malice, shall not exempt the author, nor the editor or the managing editor of a newspaper from criminal liability. (Art 362)
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:

A private communication made by any person to another in the performance of any legal, moral or social duty;
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 confidential in nature, or of any statement, report or speech delivered in said proceedings, or any act performed by public officers in their public functions. (Art 354)

• If the libelous statement was made through the use of internet, the offender shall be liable for Cyber Crime Act and shall be punished one degree higher from the penalty provided in the Revised Penal Code.

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CYBERLIBEL & OTHER PUNISHABLE ACTS UNDER THE CYBERCRIME PREVENTION ACT (R.A. 10175) #abogadangbayan