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Best Posts in Thread: Defamation in the Philippines

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  1. mangoman

    mangoman DI Junior Member Infamous

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    words matter my friend... use each one to build others up... not to tear them down... and you will find you are living the life you were created to live.
     
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    mangoman, Sep 29, 2020
    #44
  2. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Is there a link to case law on this one? (I clicked the link but I don't see any legal opinions cited.) If this is the case then those of us on tourist visas, as opposed to marriage/quota visas, are at a significant advantage when it comes to freedom of speech.

    From the link:
    Can you define "corporation" under Philippine law. In the US churches are technically "corporations" but businesses under a sole proprietorship would not qualify as a corporation. Are public figures/politicians/political speech held to a lessor standard/higher burden of proof than the rest of the population as it is in the US under Philippine law?

    Also, I have read many sources and rulings that state that the truth is generally NOT a defense against defamation here. Any case law stating the opposite would be greatly appreciated. A Supreme Court ruling stating that the truth is a defense would definitely change my thoughts and opinions on the subject on this forum. If you have these sources please post them. I would really love to change my stance on this topic if the evidence and legitimate/authoritative opinions back these claims.
     
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    Rye83, Sep 25, 2020
    #12
  3. Glendazumba

    Glendazumba DI Forum Adept

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    Lesson: do not go into business if you are thin-skinned. There will always be dissatisfied customers who will be quick to give you bad reviews. Instead, adopt an open mind and take every criticism as AN OPPORTUNITY FOR GROWTH & AN OCCASION TO IMPROVE SERVICES. This goes to all those who are in business, whether it’s a product you are selling or service like schools for instance.
     
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    Glendazumba, Oct 10, 2020
    #48
  4. SkipJack

    SkipJack DI Senior Member

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    I don't know.
    None of the posters to this thread has made the effort to cite references.

    First. Philippines courts cannot charge non-resident defendants with criminal defamation.
    https://kellywarnerlaw.com/philippines-defamation-laws

    Second. Simply insulting someone is not actionable.
    https://www.manilatimes.net/2020/07...-se-not-actionable-as-oral-defamation/737883/

    Third.
    Similar to most democracies around the world, truth is a viable defense for slander and libel under Philippines defamation laws. “Fair reporting” also qualifies.

    Similar to the United States, intent plays a role in Philippines slander and libel lawsuits. Plaintiffs who can prove that their respective defendants purposefully published or broadcast false information, have a better shot at winning.
    https://kellywarnerlaw.com/philippines-defamation-laws
     
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    SkipJack, Sep 25, 2020
    #9
  5. Dutchie

    Dutchie DI Senior Member Showcase Reviewer Veteran Army

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    I read in a more reliable source today that the proceedings have been halted after Mr. Barnes formally apologized to the hotel and the complaint was withdrawn. So no prison, but apparently Mr. Barnes did loose his job.
     
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    Dutchie, Oct 9, 2020
    #45
  6. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    It might seem that is the probable reason but it is not. US (and many other countries) law states that websites with user generated content are not liable for user submitted content. Since these companies are US companies primarily operating out of the US (or other developed countries with similar laws) they do not give a crap about foreign laws (unless they can be held liable in a foreign country).
     
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    Rye83, Sep 27, 2020
    #35
  7. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    Therein lies the problem - asking 'ordinary' people (those without legal knowledge) to write reviews but not say anything an owner could file a case on. Will this put off the negative reviews and they will all be glowing? Not much use if they are.

    I have problems already reading these reviews when one person gives 10 and says the place was brilliant and another gives 1 and says it is a hell-hole (but I do take into account that one negative could just be an *sshole revenging for some minor problem).
     
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    Notmyrealname, Sep 27, 2020
    #28
  8. djfinn6230

    djfinn6230 DI Senior Member

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    Hmmm....this would mean that Trip Advisor should stop accepting reviews of Thailand resorts for the protection of its Customers. At a minimum, they should disguise their reviewers’ identity and certainly not cooperate with authorities in identifying the reviewer (I would assume Trip Advisor would never do that). Released from jail after bailing out for what...writing a negative review on Trip Advisor. It just goes to show that when you’re in S.E. Asia you ain’t in Kansas anymore!


    Sent from my iPhone using Tapatalk
     
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    djfinn6230, Sep 26, 2020
    #26
  9. Always a Poppy

    Always a Poppy DI Senior Member Restricted Account

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    Your sentiments and logic are absolutely correct. The problem here I believe is that there's this ingrained thing in Filipino nature that prevents them from complaining, so when a foreigner tries to make even constructive comments or complaints it's just pigeon-holed as a bolshie (UK slang) foreigner issue. I think for that reason progress will be like driving with the handbrake on.
     
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    Always a Poppy, Sep 26, 2020
    #20
  10. Toto

    Toto DI Senior Member

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    There is the presumption of malice in the law. So if it's established that you spoke the truth, they will then look to malice. If you make a statement with recognizable malice, tagging at the end you are just making people aware for the public good won't fly, as I think finn covered. Also, defamation can be brought by the fiscal, and not the person defamed, so I wonder if that is what is meant by Philippines courts cannot charge non-resident defendants with criminal defamation. There are expat vloggers bringing cases against other vloggers, and there are cases on record where expats defamed their ex wives, so it seems that cite may be too vague.
     
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    Toto, Sep 26, 2020
    #14
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