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Defamation in the Philippines

Discussion in 'Dumaguete City' started by Notmyrealname, Sep 25, 2020.

  1. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    There is a thread where the subject of defamation has been raised.

    In the Philippines, it applies to negative statements about an individual or business, whether true or false, and I wonder if Companies could take out cases - there are many posts criticising internet services, hospitals, electricity companies. ect. and so how would the law look at that?

    Like most, if not all, here, I believe defamation should be a test of falsehood, so I am not criticising anyone for posting negatives about service - just interested to know what the possible outcomes could be.
     
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  2. eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    Here in Kuwait, you can go to jail for having a person in a picture you take, without their consent. It is always useful to examine the laws in a location to see how they could affect you. Perhaps we have an attorney on the site?
     
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  3. hiddenuser

    hiddenuser Guest Guest User

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    if we are not going to express opinions here then why are we here? not challenging your comments, just wonder where this might lead? going to ask my friend attorney nathan for an opinion about this. certainly if you are correct it would protect the ruling class from any criticism right? so i guess freedom of speech is not part of the democracy here? if we can't complain there is nothing left but girls and booze. wait, maybe thats not so bad?
     
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    Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    I agree with you - it does not make sense to protect bad service. That is no way to improve - but that is what they want (for obvious reasons) so we accept or depart.

    I cannot concur about "girls and booze" as I am a happily married man with his wife reading over his shoulder.
     
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    Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    Differing National laws are a nightmare - as many in prison will agree.

    Is really essential to read about them before travelling, but do many do so?
     
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  6. Rye83

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

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    I doubt any larger companies would bother with it unless it was an individual with a large following/fan base/platform. There is also a defense against defamation, if the intent was to inform the public then you are in the free. However, like everything in life, there is nuance and shades of grey between "informing the public" (honest and helpful reviews about services or products) and "intent to harm one's image/reputation".
     
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    Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    Thanks Atty :smile:
     
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  8. eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    I think I can see a wry grin from here.
     
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  9. SkipJack

    SkipJack DI Forum Adept

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    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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  10. eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    Despite all of that, it seems like a slippery slope, that at the least, one should be aware of.
     
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