I came from a meeting to join another meeting. Then I replied to a few emails, reviewed some drafts of pleadings, prepare for my class…and what do I do in between while “resting”? What else but reading blogs

Cheers,

Ted

On Bambee, false accusation is a strong word (or words). As has been laid down in cases, extreme opinion may be untrue and still be fair comment. If it is fair comment, and I believe it is, Bambee comes under qualified privilege. This simply means that she can be accused, and the case cannot be dismissed outright. But it is the burden of the other side to prove her malice.

Malice is Intent, without justification or excuse, to commit a wrongful act; reckless disregard of the law or a person’s legal rights; ill will, or wickedness of heart (Black’s). In criminal law, malice is also known as “mens rea,” which is an essential element of all crimes not committed by negligence.

I’m not sure what you mean by “false accusation.” If you mean perjury, that is a crime, but the prosecution has to prove mens rea. And I’m not sure that witnesses or results of investigation prove anything. Proof is a matter of evidence, weighed by an impartial judge, who decides the credibility of witnesses (after all, there are two sides), and strictly speaking, “investigation” shows up in court only as “evidence.”

But maybe the important question for bloggers is this: If you blog with an opinion that is untrue, are you liable?

Answer: Not if it is fair comment. So, if you blog because you intend to someone’s reputation, that is not fair comment and you are liable. In a few instances, truth is a defense that leads to acquittal regardless of the intent of the accused, as when the matter proved to be true is related to the discharge of official duty of a public official (Art. 361, penal code). So, there is in fact a good-faith requirement imposed by law on all bloggers.

The funny thing is the law books are sometimes circular. What is good faith? Absence of bad faith. What is bad faith? Malice. What is malice? Absence of evil intent. And what is that? Good faith. Go figure.

orlando roncesvalless last blog post..Sample quiz questions in criminal law

Fair comment is defined as a statement based on honest opinion about a matter of public concern.

The lawyerese is to say that fair comment gives the blogger a qualified privilege. But the injured party can still win in a criminal libel action if he can prove malice beyond reasonable doubt, which is not easy since malice in a libel suit is difficult to prove. You need evidence other than the alleged defamatory piece. .

I would guess that Bambee is protected by qualified privilege. So are bloggers blogging in good faith, who can also use Art. 11, para. 6, of the Revised Penal Code (it is a justifying circumstance if you are lawfully exercising a right). You can have an honest though extreme opinion. That is protected by the free speech clause of the constitution.

But we don’t really know, since there is little jurisprudence on libel by blog.

Cheers..

My point is, we just be careful on our expressions that we might offend libelously to somebody else, so lets treat everybody equally regardless of the status, meaning going back to the basics.

Mag set ka ng basic rule na pang kalahatan sa pamamagitan ng pag iingat, nagkataon lang na me mga taong mga malakas ang pag unawa na gaya ng mga presidente, sa bagay, hindi ka naman magiging presidente kung mahina ang pag unawa mo, yun yun!!!!

gets mo na?

So we can all pick on presidents only and not mayors? What if the two are equally abusive? We exempt the mayor because he is a “little oficial” and we go on attacking just presidents? I don’t get IT????

Let us be reminded that we are a free country that anybody can file a libel against you regardless of the nature basta maka kita ng butas, kagaya ng ginawa ni Bambee, lawyers are good at that. But the point is, it’s time consuming and distressful and very expensive kahit sabihin mo you have a freedom of expression.

I agree about your ideals on the usage of blogging but in reality, we must also be aware of the repercussions. We know Pres Bush or GMA can handle attacks in the blog, no wonder they are Presidents, highest position in the land, it takes to have a very strong of sense of understanding to be one. But let us take into consideration that not all blog readers are president.

Thanks for the kind words. I wish everyone can get the justice they deserve.

Here is the exact link:
http://w2.eff.org/bloggers/

Hopefully we can still use this as a guide.