What Constitutes Libel Online?
By Rico, 9:09 am Sun Nov 30 2008 - News - 15 Opinions
Recently I came across a blog post where insults—and even threats of physical harm and libel suits—were exchanged. Primarily between two people who’ve identified themselves as Mike Villar and Brian Brotarlo (pictured above left and right respectively). That reminded me of a question I tackled before: What Constitutes Libel Online?
An important question no doubt, since the answer can help Filipinos online avoid a lot of trouble
The Warrior Lawyer does a great job of answering the question in layman’s terms (after a disclaimer regarding lawyerly advice, of course):
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.
Of course, it’s a bit more technical than that, as TWL explains. For a statement to be libelous:
- it must be defamatory
- it must be malicious
- it must be given publicity
- the victim must be identifiable
A question: can someone who published an apparently libelous statement first within the same conversation sue another person for libel? Read the entire profanity-laced conversation and see for yourself.
Philippine Libel Law, Explained
Libel on the Internet Under Philippine Law, Part 1
Libel on the Internet Under Philippine Law, Part 2
liz
9:09 am Sun Nov 30 2008
mmm, i doubt this will come to a lawsuit. thats just my guess though.
BrianB
10:10 am Sun Nov 30 2008
The photo itself is libelous. The one on the left. And I think he did some Photoshop magic on my photo.
But try defamation.
noemi
10:10 am Sun Nov 30 2008
Yes he can sue and say he got provoked.
BrianB
11:11 am Sun Nov 30 2008
Seriously. I consulted my neighbor, the lawyer, when Mikey threatened to devote an entire post on me and now I cannot shake him, the lawyer. I thought it was a mistake consulting him in the first place. I think he’s had a client before who was on Gorrell’s blog. He wants a meeting today to discuss it. How I used to root for Gorrell. I may just have become a hypocrite.
BrianB
11:11 am Sun Nov 30 2008
Rico, it’s not accurate to say you just came across the blog post. Mike Villar is a friend of yours.
Neil
11:11 am Sun Nov 30 2008
Answer: Yes.
Ade
4:04 pm Sun Nov 30 2008
The photo is libelous and Mike photoshopped it? PUH-LEEEZE.
jepoy
12:12 am Mon Dec 1 2008
@Ade – Photoshop? Sue the photo studio! Hahahaha :~)
BrianB
2:02 am Mon Dec 1 2008
Update:
Mikey has sued me or so it seems. Deadline daw for response is tomorrow. I hate to say this but if this is not real it constitutes some sort of harassment. I am not going to contact him directly in anyway until my lawyer wakes up but I suppose it’s a go. Too bad. No idea why he thinks he has a case.
BrianB
2:02 am Mon Dec 1 2008
Can you please tell your friend he is playing a dangerous game.
Rico
10:10 am Mon Dec 1 2008
liz: Well, if it ever came down to that, that would be really sad.
noemi and Neil: So it’s a matter of who files first?
BrianB: No I will not tell him, you’ve threatened him yourself enough times. And while Mikey is my friend (and officemate), I really “came across a blog post” because I don’t read mikevillar.com regularly.
Ade and jepoy: I know, right?
bripman!
10:10 am Mon Dec 1 2008
merry christmas to all! XOXO
Rico
11:11 am Mon Dec 1 2008
Matagal pa… pero merry christmas to you too!
Jonas Diego
11:11 am Mon Dec 1 2008
Wow, long read. Hindi pa rin ako tapos…
Mike
6:06 pm Tue Dec 2 2008
Don’t feed the troll.