CBL: Libel Provision Info
Basics
Debate
Should online libel be punishable by the cybercrime law?
a) What is defamation/ libel? Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. Libel is a written defamation; slander is a spoken defamation.
b) Can my opinion be defamatory? No—but merely labeling a statement as your "opinion" does not make it so. Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Trinity is the hacker who broke into the IRS database").
c) What is a statement of verifiable fact? A statement of verifiable fact is a statement that conveys a provably false factual assertion, such as someone has committed murder or has cheated on his spouse.
d) What makes a statement libelous? In libel cases, the question is not what the writer of an alleged libel means, but what the words used by him mean.
Cybercrime Prevention Act of 2012 Cybercrime Prevention Act of 2012 aims to address legal issues concerning online interactions. Among the cybercrime offenses included in the bill are cyber squatting, cybersex, child pornography, identity theft, illegal access to data and libel. Surely, this law aims to stop or lessen cybercrimes in the Philippines.
The Philippine Government’s intention in passing this bill as law may be
Debate
Should online libel be punishable by the cybercrime law?
a) What is defamation/ libel? Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. Libel is a written defamation; slander is a spoken defamation.
b) Can my opinion be defamatory? No—but merely labeling a statement as your "opinion" does not make it so. Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Trinity is the hacker who broke into the IRS database").
c) What is a statement of verifiable fact? A statement of verifiable fact is a statement that conveys a provably false factual assertion, such as someone has committed murder or has cheated on his spouse.
d) What makes a statement libelous? In libel cases, the question is not what the writer of an alleged libel means, but what the words used by him mean.
Cybercrime Prevention Act of 2012 Cybercrime Prevention Act of 2012 aims to address legal issues concerning online interactions. Among the cybercrime offenses included in the bill are cyber squatting, cybersex, child pornography, identity theft, illegal access to data and libel. Surely, this law aims to stop or lessen cybercrimes in the Philippines.
The Philippine Government’s intention in passing this bill as law may be