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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.

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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?

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