By Chelsea David
A litigation lawyer explained how publishing ill-will and malice words intentionally to a person or an organization can be pressed with charges against an offender through libel or cyber libel.
In the DLSU-D Social Sciences Department’s (SSD) fifth online discussion of ‘uSAPan’ titled “Libel versus Cyber Libel: A Preview” on Nov. 24, litigation lawyer Atty. Mariko Iwaki reminded that people under the constitution have freedom of speech and expression but should always set limitations.
“When we impute something against sa ibang tao, it doesn’t necessarily entail na buhay pa [dahil] kahit patay na at may nasabi tayo na defaming o nakakasira sa isang honor ng tao, we can still be prosecuted, or we can be liable with libel,” she said.
Iwaki mentioned that libel is how a person intentionally inflicts harm and dishonor to a person or the reputation of a corporation through published works such as newspapers or articles.
“Technically, parang hardcopy [‘yung libel]. Anything na ipina-publish na siniraan pagkatao mo, dignidad mo, at may intentionally na may maling ginawa [sa’yo] ‘yung taong nagsulat o naki-cooperate… it is punishable by libel,” she stated.
On the difference between libel and cyber libel, the litigation lawyer said, “Almost the same lang [with libel ang cyber libel], ang difference niya lang is ‘yung manner kung paano i-publish. Ang cyber libel [ay through] computer system or online.”
She also warned that even if a person states a fact on publishing a content, one can still be prosecuted with libel or cyber libel.
“Even if you’re stating a fact, if it is considered as malicious and you have the intent na pahiyain ‘yung tao o i-tarnish his honor o ‘yung reputation, you can still be liable or you can still be prosecuted from libel. Totoo o hindi, chismis o fact basta makakasira ka ng kapwa mo, pwede ka pa (ring) kasuhan,” she reiterated.
The litigation lawyer also discussed slander or oral defamation, which almost weighs the same rule as libel but on verbal actions.“Ang pinaka-best evidence against oral defamation is testimonial evidence because ‘yung part ng paninira mo or defaming another, through oral testimony mo siya patutunayan through your witnesses,” she advised.
