I write better when I smoke. Don’t ask me to reduce it to a science.

Libel Blog

Can a blogger really be sued for libel over stuff written on her blog?

Even a cursory review of the law clearly indicates that the answer should be yes. In fact, I think the Warrior Lawyer would agree.

In this particular instance, i.e., Bambee’s post about the Valley Golf incident, I think this bit of jurisprudence might be of help.

In order to constitute malice, ill will must be personal. So if the ill will is engendered by one’s sense of justice or other legitimate or plausible motive, such feeling negatives actual malice. [Aquino, Ramon C., The Revised Penal Code, Vol. III, Bk. II, 1997 Ed., citing People v. de los Reyes, Jr., 47 OG 3569]

The post was written immediately after the incident, and it was clearly written by one who felt aggrieved and desirous of justice. So, I imagine she’ll be okay. 

But where does that leave the rest of us?

The Warrior Lawyer says:

If you call someone a scum-sucking, slimeball, swindling pimp, even if this is fairly accurate, and post it online, you may be sued for making libelous statements.

What about calling Senators, Members of the House of Representatives, and various other people – politicians or not – MORONS, as I have been wont to do? Am I likely to be in trouble? HAHAHA! 

Hell no.  As far as I know, I haven’t yet called anyone a pimp – oh, wait. I have.

Hold up … mom screaming from the gate …

What is it ma?? A process server? Wait wait … tell ‘im you don’t – 

Oh crap.

SO there’s a process server at the door. GTG.


Filed under: humor, law and order, vacuity, , , ,

2 Responses

  1. Gorillas cavorting in the green according to Doronilla, does that mean that it is libelous? No I am not referring to the Pangandamans but the gorillas who are offended at being characterized as the Pangandamans……..

  2. brianbro says:

    Bloggers don’t get sued because they don’t have influence yet. Discretion ito ng mga taong na-lalaybel. Some bloggers are too idiotic to think that being on the Internet exempts them from law on meatspace. I post racist comments, misogynist comments, all legal right now sorry to say but never anything directly libelous. Criticizing pols is not libelous, as far as I know. Besides, our libel law is made to protect prominent people.

    Just out of curiosity, why the heck do people allow themselves to be lambasted on radio. You hear indivduals getting called ulol or tarantado. Sorry to sound naive, but is it all playacting?

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

RSS Short Puffs

  • Re-election 31 December 2008
    Maceda sez Erap consulted Narvasa and others, and they told him that the 1987 Consti prohibits only the INCUMBENT prez from re-election. Former prezzies, by their definition, face no such prohibition. But in the same breath, Maceda also sez that they know an Erap candidacy will be the subject of a disqual case – but […]
  • Escalation 30 December 2008
    I still think the Pangandaman’s shouldn’t have retaliated even if dela Paz threw the first punch. But is anyone really surprised at the escalation in the story-telling on both sides? BTW, I think we can dispense with the age angle nao.
  • Etiquette 29 December 2008
    Unless you’re spoiling for a fight, assume that the writer has some basis for what she writes. Don’t make like a lawyer and ask retarded questions in an attempt to lay the foundation for whatever point you’re trying to make.
  • Anne 28 December 2008
    Anne Curtis won best actress? Against the likes of Marian Rivera and Diana Zubiri? So what?
  • Baler 28 December 2008
    Watching Baler tomorrow. Will it be worth it?

Locations of visitors to this page

Archived Maps:
Politics & Government - Top Blogs Philippines

My site is worth $119.
How much is yours worth?

%d bloggers like this: