Editing Defamation (section)

====Criminal====
{{see also |Mass media in the Philippines#Libel and cyber libel}}

According to the [[Revised Penal Code]] of the [[Philippines]] ("Title Thirteen", "Crimes Against Honor"):<ref name="Philippines Penal Code">{{cite web |url=https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/ |title=Act No. 3815, s. 1930 (Revised Penal Code of the Philippines) |website=[[Official Gazette of the Republic of the Philippines]] |access-date=2 September 2023 |archive-date=8 June 2023 |archive-url=https://web.archive.org/web/20230608093131/https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/ |url-status=dead }}</ref>

{{blockquote |text=
ARTICLE 353. Definition of Libel.{{snd}}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.
}}

* Malice presumed, even if true; exceptions: private communications in the course of duty, fair reports{{snd}}without comments{{snd}}on official proceedings (Art. 354)
* Punishment for libel in writing or similar medium (including radio, painting, theatre, cinema): imprisonment, fine, civil action (Art. 355)
* Threat to publish libel concerning one's family, for extracting money (Art. 356)
* Publication in [[Mass media#Print media|the press]] of private-life facts{{snd}}connected to official proceedings{{snd}}offending virtue, honour, reputation (Art. 357)
* Slander{{snd}}oral defamation (Art. 358)
* Slander by deed{{snd}}"any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person" (Art. 359)
* Responsibility for dissemination; same as for authorship (Art. 360)
* Conditions for defence of truth: good motives, justifiable ends; not available for allegations of non-criminal activities{{snd}}unless related to official duties of government employees (Art. 361)
* Malicious comments cancel the exceptions of Art. 354 (Art. 362)
* Incriminating an innocent person (Art. 363)
* Intrigue against honour or reputation (Art. 364)

Related articles:
* Aggravating circumstances (Art. 14)
** Crime committed in contempt of, or with insult to, public authorities (¶ 2)
** Act committed with insult or disrespect, regarding rank, age, or sex (¶ 3)
** Intentionally causing [[wikt:ignominy|ignominy]], in addition to other effects of the act (¶ 17)
* Statute of limitations: Two years for libel, six months for slander, two months for light offences (Art. 90)
* Offending religious feelings{{snd}}in places of worship, or during religious ceremonies (Art. 133)
* Disrespectful behaviour towards legislature or related bodies, during their proceedings (Art. 144)
* "Unlawful use of means of publication" (Art. 154)
** Publication of malicious [[fake news]], endangering public order, or damaging state interests or credit (¶ 1)
* False testimony against defendant, in criminal cases (Art. 180)
* Spreading false rumours, when aiming to monopolize or restrain trade (Art. 186 ¶ 2)
* Lesser physical injury, when intended to insult, offend, cause ignominy (Art. 265 ¶ 2)
* Threats to harm honour{{snd}}e.g. for extracting money (Art. 282)

In January 2012, ''[[The Manila Times]]'' published an article on a criminal defamation case. A broadcaster was jailed for more than two years, following conviction on libel charges, by the [[Regional Trial Court]] of [[Davao Region|Davao]]. The radio broadcast dramatized a newspaper report regarding former speaker [[Prospero Nograles]], who subsequently filed a complaint. Questioned were the conviction's compatibility with freedom of expression, and the [[trial in absentia]]. The United Nations Human Rights Committee recalled its [[#General comment No. 34|General comment No. 34]], and ordered the Philippine government to provide remedy, including compensation for time served in prison, and to prevent similar violations in the future.<ref>{{cite web |url=http://www.manilatimes.net/index.php/news/top-stories/16100-libel-law-violates-freedom-of-expression--un-rights-panel |title=Libel law violates freedom of expression{{snd}}UN rights panel |author=Frank Lloyd Tiongson |date=30 January 2012 |website=[[The Manila Times]] |access-date= |url-status=dead |archive-url=https://web.archive.org/web/20130509133717/http://www.manilatimes.net/index.php/news/top-stories/16100-libel-law-violates-freedom-of-expression--un-rights-panel |archive-date=9 May 2013}}</ref>