Thursday, September 1, 2011

creation of website to air alleged anomalies

People were free to comment or to give his opinion on something or to or against a person. This was provided by our Constitution on freedom of expression provided it is done without malice and based on actual facts not merely suppositions. Freedom of expression is not absolute or else the person will face the consequence of his act as Libel may be proper against him.

Defamatory remarks and comments on the conduct or acts of public officers which are related to the discharge of their official duties will not constitute libel if the defendant proves the truth of the imputation.

But any attack upon the private character of the public officer on matters which are not related to the discharge of their official functions may constitute libel.(People vs. Del Fierro and Padilla, C.A., G.R. No. 3599-R, July 27, 1950)

The conduct or acts of public officers which are related to the discharge of their  official duties are matters of public interest. It is a defense in an action for libel or slander that the words complained are fair comment on a matter of public interest.
 

Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might be reasonably be inferred from the facts. (Borjal vs. Court of Appeals, 301 SCRA 1, 22[1999])
 
For this, the creation of a site where a person will air his comment or opinion on the alleged anomalies of the public office or private corporation cannot be denied provided that it is done in good faith that is without malice and based on established facts. Internet is a strong medium of expression where any person can access or even abused.
 

Revised Penal Code on Libel
Philippine Constitution on Bill of Rights
Book of Reyes on Revised Penal Code Volume II