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LIBEL

Discussion in 'Expat Section' started by Notmyrealname, Jan 11, 2020.

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  1. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    The care needed when writing anything about anyone in this country is shown by this case (where I am redacting or modifying all identifiable information):

    The Regional Trial Court (RTC) of ********* issued a warrant of arrest for ********* related to a cyber libel case filed against her/him

    The court order accused her/him of violating Sec 4 (c)(4) of Republic Act 10175 or the Cybercrime Prevention Act. It states, “the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.”

    [The accused] criticized one of the doctors at ********* Hospital, [doctor's name given], saying she did not show urgency in treating [the accused's] wife/husband. [The accused] also said the doctor did not update him/her on his/her condition.

    [The accused] repeatedly mentioned [the doctor's] name and flashed a photo of the doctor in her vlog. Netizens then accused [the accused] of “doctor shaming”.

    [The accused] since took down the video and apologized, saying, “I would like to apologize to Dr. ********* and the other medical staff for the hurt that my post and vlog has caused them.”

    But, as noted above, he/she is now accused of cyber libel.
     
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  2. Show Pony

    Show Pony DI Forum Patron Highly Rated Poster Showcase Reviewer

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    The libel and slander laws are a little odd here. If your words or print are intended to cause damage to a persons reputation or business you are guilty. It doesn't matter if your statement was true or not.

    The are other strange legal things that apply here.

    The other night a motorcycle was counter flowing and decided to cross over to his correct lane at the last second. The oncoming truck killed the motorcyclist. The truck driver was arrested and charged with reckless imprudence causing homicide. The motorcyclist had no OR/CR/License. The motorcycle had no lights according to witnesses.
    That was doubly odd as not having a license immediately put a person in the wrong when there is an accident.
     
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  3. cabb

    cabb DI Forum Patron ✤Forum Sponsor✤

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    My question is about what you are doing....reposting factual data from other 3rd parties. I'm not talking about the repeating content from the person being prosecuted. So it could be illegal to post factual data, like the trial information above that has already been published by someone else. What about reposting information from a newspaper? That is a bit much.
     
  4. Rye83

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

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    The OP's intent was to inform the public, which is legal. Of course that doesn't stop the doctor (or woman charged with libel) from filling a complaint and having a prosecutor (because defamation is criminal offense in the Philippines) taking you to court to prove that.

    The woman accused of defamation went about it the wrong way. She should have taken the doctor to court if there were damages that could be proven. Not immaturely posting about it on her blog. It seems quite obvious that her intent was to harm the reputation and practice of the doctor (even if he rightfully deserved that...by Western free speech standards). Gotta remember where you are and what the law is. If you have a right to vote your option is to press your legislator to change the law (which is pretty laughable in the Philippines). If you can't vote and you don't like it, well, you can always leave.
     
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  5. danbandanna

    danbandanna DI Senior Member Veteran Marines

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    Out in the Provence it becomes even more interesting, if you want to file a claim of defamation (Slander being spoken word Libel being written word) you must first file a claim with the Barangay Captain. If he is unable to mediate a resolution then a Lupon is convened consisting of 10 to 20 residents who have been appointed. Only after no success with the Lupon is it permissible to file a libel case in the Trial Court system, as you must present a certificate to the trial court showing that you have completed the process.
     
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  6. Glendazumba

    Glendazumba DI Forum Adept

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    Cases like libel,oral defamation, etc. only happen if the aggrieved party actually goes to court or files a case.A lot of times, they happen without legal sanctions and at times the aggrieved just settle it the nasty way.
     
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  7. SkipJack

    SkipJack DI Forum Adept

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    Sharing recommendations on which doctors to avoid is a very valuable service on this forum. People can surely express their opinion like "I will never use Dr. X again." They can also report facts like "The procedure done by Dr. X was redone by Dr. Y. Dr. Y stated to me that it had to be redone because (state fact here)."

    A bit of Internet searching reveals the following:

    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.

    Philippines courts cannot charge non-resident defendants with criminal defamation.


    http://kellywarnerlaw.com/philippines-defamation-laws/

    It is too bad that, in order to educate the rest of us, either the court did not publish an opinion detailing the false facts or it was not reported. It looks like the issue may have been determining the medical urgency of the matter.

    Yeng then criticized one of the doctors at Dapa Siargao Hospital, saying the doctor didn’t show urgency in attending to Yan

    https://www.rappler.com/entertainme...el-norte-court-orders-arrest-yeng-constantino

    The person who posted this is not of a position to determine urgency in a medical situation. The poster was not a doctor trained in the determination of medical emergencies so the statement cannot be fact.

    Please report it here if you have had a good or bad experience with a doctor. Just be careful to not confuse opinions with facts.

    So far my experiences with doctors here has been average.
     
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  8. cabb

    cabb DI Forum Patron ✤Forum Sponsor✤

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    I wasn't commenting on the merit of the court case, but was specifically responding to Mr. Notmyrealname redacting information from the appeared to be a factual statement of what was happening in a court case. In essence he was acting as a reporter. My focus was on this, not the individuals involved in the court case.

    For example. Mr. ****** was walking at ******* establishment and the cashier called Mr. ****** a ******. Mr. ****** may or may not have been slandering the cashier, but was me reporting what what I believe to be factual information libel? In other words, did Mr. NMRN really have to redact the information.
     
  9. osodelnorte

    osodelnorte DI Forum Adept Restricted Account Showcase Reviewer

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    I wonder where the line crosses over from satire to harassment in the Philippines and if there are any protections for this type of speech.

    SATIRE "the use of humor, irony, exaggeration, or ridicule to expose and criticize people's stupidity or vices, particularly in the context of contemporary politics and other topical issues."

    In the USA satire is when the accusations are too unbelievable for an average person to believe. Such as when a big Baptist Evangelical Holy Roller was said to be having sex with his mother accompanied by a picture indicating anal sex. The courts determined that the depiction and accusations were to absurd for anyone to believe and that they were satire and not libel.

    I would recommend that if you are dissatisfied with something or someone and that you wish for others to know then do not speak with derogatory words.

    State the facts and only the facts. Don't make up poo and be able to prove/defend your words if called to.

    Then close your statement with "This my experience and my opinion. I leave you to decide for yourself if this is a place/person you want to do business with, operate on you, etc."
     
    Last edited: Jan 13, 2020
  10. Happy Camper

    Happy Camper DI Senior Member Showcase Reviewer

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    Sometimes as the adage goes, if you don't have anything nice to say about someone, maybe you should not say anything. At other times I have found that silence speaks volumes.
     
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