Defamation, which includes libel and slander, means the offense of injuring a person’s character, fame or reputation through false and malicious statements. It is that which tends to injure reputation or to diminish esteem, respect, goodwill or confidence in the plaintiff, or to excite derogatory feelings or opinions about the plaintiff. It is the publication of anything that is injurious to the good name or reputation of another or tends to bring him into disrepute.
In our jurisdiction, defaming a person is penalized depending on the means employed and utilized in perpetrating the act. The same may be classified as libel, cyber libel, slander/oral defamation or slander by deed, as the case maybe. This crimes will be the subject of this week’s column.
To begin with, Article 353 of the Revised Penal Code defines Libel as: Art. 353. Definition of Libel. – A libel is a 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 to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Jurisprudence dictates that in order to constitute the crime of libel, the following elements must concur, namely: (a) defamatory imputation tending to cause dishonor, discredit or contempt; (b) malice, either in law or in fact; (c) publication; and (d) identifiability of the person defamed.[1]
Elements of Libel
Defamatory imputation. In determining whether certain utterances are defamatory, the words used are to be construed in their entirety and taken in their plain, natural and ordinary meaning, as they would naturally be understood by persons hearing (or reading, as in libel) them, unless it appears that they were used and understood in another sense.[2] Defamatory words must refer to an ascertained or ascertainable person, and that person must be the plaintiff.
Identifiability. Statements are not libelous unless they refer to an ascertained or ascertainable person. However, the obnoxious writing need not mention the libeled party by name. It is sufficient if it is shown that the offended party is the person meant or alluded to.
Malice. Malice connotes ill will or spite and speaks not in response to duty but merely to injure the reputation of the person defamed, and implies an intention to do ulterior and unjustifiable harm. It is present when it is shown that the author of the libelous remarks made such remarks with knowledge that it was false or with reckless disregard as to the truth or falsity thereof.
Malice, however, does not necessarily have to be proven. There are two (2) types of malice – malice in law and malice in fact. Malice in law is a presumption of law. 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. On the other hand, 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.[3]
Publication. Publication in defamation cases simply refers to the act of communicating a defamatory statement to a third party.[4] Considering that we are now living in the digital era, our lawmakers deemed it necessary to enact Republic Act 10175 or the Cybercrime Prevention Act of 2012, particularly Section 4(c)4 thereof, penalizing libel committed through a computer system or any similar means by one degree higher than traditional libel.
Other forms of defamation may be committed verbally or thru other acts and are classified into Oral Defamation or Slander by Deed, respectively.
Oral Defamation or Slander on the other hand is libel committed by oral (spoken) means instead of in writing. It is defined as “the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.” The elements of oral defamation are: (1) there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status or circumstances; (2) made orally; (3) publicly; (4) and maliciously; (5) directed to a natural or juridical person, or one who is dead; (6) which tends to cause dishonour, discredit or contempt of the person defamed. Oral defamation may either be simple or grave. It becomes grave when it is of a serious and insulting nature.[5]
Whether the offense committed is serious or slight oral defamation, depends not only upon the sense and grammatical meaning of the utterances but also upon the special circumstances of the case, like the social standing or the advanced age of the offended party. “The gravity depends upon: (1) the expressions used; (2) the personal relations of the accused and the offended party; and (3) the special circumstances of the case, the antecedents or relationship between the offended party and the offender, which may tend to prove the intention of the offender at the time. In particular, it is a rule that uttering defamatory words in the heat of anger, with some provocation on the part of the offended party constitutes only a light felony. “[6]
Slander by Deed is a crime against honor, which is committed by performing any act, which casts dishonor, discredit, or contempt upon another person. The elements are (1) that the offender performs any act not included in any other crime against honor, (2) that such act is performed in the presence of other person or persons, and (3) that such act casts dishonor, discredit or contempt upon the offended party. [7]Whether a certain slanderous act constitutes slander by deed of a serious nature or not, depends on the social standing of the offended party, the circumstances under which the act was committed, the occasion, etc. It is libel committed by actions rather than words. The most common examples are slapping someone or spitting on his/her face in front of the public market, in full view of a crowd, thus casting dishonor, discredit, and contempt upon the person of another.[8]
[1] Idem
[2] G.R. NO. 184315, November 25, 2009
[3] Idem
[4] G.R. No. 164845, July 13, 2021
[5] Idem
[6] G.R No.212326 January 11, 2016
[7] Idem
[8] G.R No. 160351 April 10, 2006