Preview

Libel

Good Essays
Open Document
Open Document
1198 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Libel
CRIMES AGAINST HONOR

Chapter One

LIBEL

Section One. — Definitions, forms, and punishment of this crime.

Article 353. Definition of libel. — A libel is 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.

Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.

Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

Art. 356. Threatening to publish and offer to present such publication for a compensation. — The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.

You May Also Find These Documents Helpful

  • Good Essays

    The first rule applied in this case was the rule of libel and slander, which states that the cause of defamation must include four elements: “1) a false and defamatory statement concerning the plaintiff; 2) an unprivileged communication to a third party; 3) fault by the defendant amounting at least to negligence; and 4) special harm of the actionability of the statement irrespective of special harm.” (822) Libel is the defamation of one’s character in written form, and slander is the…

    • 1957 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Bugusa, Inc., Worksheet

    • 1035 Words
    • 5 Pages

    WIRETIME, Inc. (WIRETIME) has committed trade libel. WIRETIME’s advertisement satisfies the three conditions of trade libel as defined by our text (Melvin, 2011, p.212):…

    • 1035 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    b) If the person is a public official or figure a plantiff seeking damages for distress must prove actual malice. Actual malice includes knowledge that the printed statements are false or circumstances showing a reckless disregard for whether they are true or not. If the plaintiff is not a public figure there is liability without malice.…

    • 476 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Bugusa Worksheet

    • 459 Words
    • 3 Pages

    was very particular to one organization, and it put a negative frame of mind to BUGusa’s…

    • 459 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    | a published false statement that is damaging to a person's reputation; a written defamation…

    • 876 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Eposito Case

    • 551 Words
    • 3 Pages

    4. According to the case, why was this not defamation, and what tort did the court approve a filing for?…

    • 551 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Esposito v. SFX

    • 1107 Words
    • 5 Pages

    4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points)…

    • 1107 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Mr Wolf Research Paper

    • 444 Words
    • 2 Pages

    The New app that protects residents from wolf menace in story book land has enhanced people protection against the big bad wolf. In line six-eight it says “Mr. Wolf is said to have destroyed two of the Three Little Pig’s homes with his horrible breath, and according to a police report he ate Grandma whole in order to deceive Little Red Riding Hood.” In this statement its libel (defamation) Mr. wolf is being accused of destroying the three little pigs home. This statement can bring harm to Mr. Wolf reputation as also stating he has horrible breath which also questions Mr. wolf hygiene. The principles of libel state whether the meaning of the defendant’s statement is defamatory. If the meaning is defamatory, whether or not the statement can be interpreted to actually have that meaning. This case is similar to John Zenger where he wrote an article slandering the Governor.…

    • 444 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Courtroom Matrix

    • 474 Words
    • 2 Pages

    | Uphold the integrity and independence of the judiciary, avoid impropriety and the appearance of impropriety, be impartial and diligent.…

    • 474 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points)…

    • 385 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    * Negligence – a newspaper that ignores a judge’s instructions & publishes the name of a police officer who had been sexually assaulted during an undercover investigation.…

    • 1096 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Essay

    • 1432 Words
    • 6 Pages

    379IV(B)3 Publications or Communications in General 379k352 False Light 379k354 k. Particular Cases in General. Most Cited Cases (Formerly 379k8.5(5.1), 379k8.5(4)) New York law did not recognize common law claims for invasion of privacy or being placed in a false light, for purposes of claims asserted against cocreators of television program, television network, and production companies, by individual who claimed that negative fictional character in television program was based upon him. [3] Torts 379 387…

    • 1432 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Civil Liberties

    • 2047 Words
    • 8 Pages

    Written statement of a public official that contains false statements that are malicious and in reckless disregard of the truth, damaging their reputation…

    • 2047 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    what is crime

    • 929 Words
    • 4 Pages

    of a criminal case. If I slander somebody, I might be dragged into court, and I might have…

    • 929 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.…

    • 384 Words
    • 2 Pages
    Satisfactory Essays

Related Topics