Definition of Libel
Libel is a crime against honor. It involves a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance. This imputation must tend to cause dishonor, discredit, or contempt of a natural or juridical person, or blacken the memory of one who is dead. It is typically committed by means of writings or similar means. Slander, which is oral defamation, is related but distinct.
Essential Elements
Based on the sources, the key elements of libel include:
- Imputation: An imputation of a crime, vice, defect, act, omission, condition, status, or circumstance.
- Publication: The imputation must be made public.
- Identification: The defamed person must be identifiable.
- Malice: The imputation must be malicious.
Publication Requirement
Publication means making the defamatory matter known to someone other than the person about whom it was written. Libel is considered published not only when widely circulated, but also when brought to the attention or notice of another person other than the offended party. Sending a sealed letter containing defamatory matter is not considered publication if it is not opened. Under the multiple publication rule, each communication of the same defamatory matter constitutes a distinct offense.
Identification of Defamed Person
It is essential that the victim is identifiable from the contents of the libelous article. Even if not explicitly named, there must be sufficient description or circumstances for a third person to identify the object of the defamatory statement. Defamatory remarks against a class or group of persons are generally not actionable unless the statements are sweeping and it is probable that a large number of persons in that group would understand the statement to apply to them individually.
Malice
Malice is a key component of libel. Malice can be in fact (actual malice) or in law. Malice in law is presumed from a defamatory imputation. Malice in fact is a positive intention to annoy and injure. In cases of qualifiedly privileged communications, the presumption of malice in law is overcome, and malice in fact must be proven by the prosecution. Actual malice exists when the statement is made with knowledge that it was false or with reckless disregard of whether it was false or not. Reckless disregard requires the accused to have entertained serious doubts as to the truth or possessed a high degree of awareness of probable falsity.
Relation to Slander
Slander is defined as oral defamation. It can be classified as grave or slight depending on its nature and circumstances. Slander by deed is a related crime involving acts that cast dishonor, discredit, or contempt upon another person. Examples include slapping someone or spitting on their face.
Electronic Libel
Electronic libel, also known as online libel, refers to unlawful acts as defined in Article 355 of the Revised Penal Code committed through a computer system or other similar means. It has the same elements as libel under the Revised Penal Code, with the key difference being the manner or mode of publication.