QuestionsQuestions (Act No. 277)
A libel is malicious defamation expressed in writing/printing/signs/pictures or public theatrical exhibitions that tends to: (1) blacken the memory of one who is dead, or (2) impeach the honesty, virtue, or reputation of one alive, or (3) publish alleged or natural defects of one alive, thereby exposing him to public hatred, contempt, or ridicule.
It must be shown that the accused wilfully and with malicious intent published (or procured publication of) the libelous matter.
Malice is presumed if no justifiable motive for making the publication is shown. The accused may rebut by proving justifiable motive.
The truth may be given in evidence. If the court finds the matter charged is true AND it was published with good motives and for justifiable ends, the accused is acquitted; otherwise, conviction follows.
Both. The accused must prove not only the truth of the imputation but also that it was published with good motives and for justifiable ends.
No. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances that exposed it to be read or seen by others.
They are chargeable with the publication of any libelous words contained in any part of the book/number of the newspaper/serial as fully as if they were the author of the same.
They are not liable for a fair and true report of judicial, legislative, or other public official proceedings, or statements/speeches/arguments/debates in the course of such proceedings, except upon proof of malice; malice is not implied from mere publication.
No. Libelous remarks or comments connected with privileged matter receive no privilege merely because they are connected.
It must be a private communication made in good faith in the performance of any duty (legal, moral, or social), solely with the fair and reasonable purpose of protecting the interests of the person making the communication or the person to whom it is made.
Threatening another to publish a libel (including about certain family members) or offering to prevent publication of any libel upon another with intent to extort money or other valuable consideration are punishable.
The injured party may file a civil action for damages against the person libeling him, recoverable for actual pecuniary damages, injury to feelings and reputation, and also punitive damages that the court deems just.
In any Court of First Instance having jurisdiction of the parties.
Yes. The presumptions, rules of evidence, and special defenses provided for criminal prosecutions shall be equally applicable in civil actions under Section 11.
Writing/printing/publishing/selling/keeping for sale/distributing/exhibiting obscene or indecent writing/paper/book/picture/print or preparing such matter (including designing, copying, drawing, engraving, painting, molding/cutting/casting figures), and writing/printing notices or advertisements of them.
Fine not exceeding $2,000, or imprisonment not exceeding one year, or both.
Threats to publish/offer to prevent publication for extortion: fine not exceeding $1,000 or imprisonment not exceeding six months, or both. Obscene/indecent publications: fine not exceeding $1,000 or imprisonment not exceeding one year, or both.