Question & AnswerQ&A (Act No. 277)
Libel is defined as malicious defamation, expressed in writing, printing, signs, pictures, or public theatrical exhibitions, that tends to blacken the memory of the dead or impugn the honesty, virtue, or reputation of a living person, thereby exposing them to public hatred, contempt, or ridicule.
Any person who willfully and maliciously publishes a libel shall be punished by a fine not exceeding two thousand dollars, or imprisonment for not exceeding one year, or both.
Yes, the truth may be given in evidence in criminal prosecutions for libel. If the matter charged as libelous is proven true and was published with good motives and for justifiable ends, the accused shall be acquitted.
No, it is not necessary that the libelous words be seen or read by another. It is enough if the accused knowingly parted with the immediate custody of the libel under circumstances exposing it to be read or seen by others.
Every author, editor, or proprietor of any book, newspaper, or serial publication is chargeable with the publication of any words contained therein as if they were the author themselves.
No, they are not liable except upon proof of malice in making such report, and malice shall not be implied from the mere fact of publication.
No, libelous remarks or comments connected with privileged matter receive no privilege by such connection.
A private communication made in good faith by a person to another in the performance of any legal, moral, or social duty with the fair and reasonable purpose of protecting interests is a privileged communication exempt from libel.
Such persons shall be punished by a fine not exceeding one thousand dollars or imprisonment for not exceeding six months, or both.
Yes, the libeled person has a right to a civil action against the libeler for damages, including actual, moral, and punitive damages as the court may deem just.
Yes, writing, printing, selling, distributing, or exhibiting obscene or indecent materials, or advertisements thereof, is a misdemeanor punishable by a fine of up to one thousand dollars or imprisonment for up to one year, or both.
All criminal actions under this Act must be begun and prosecuted under the sole direction and control of the ordinary prosecuting officers.