Journalism 1

LIBEL IN
JOURNALISM
Libel Defined

Art. 353 of the Revised Penal Code (Act. Bo. 3815, as amended) defines libel as "A public
and malicious imputation of a crime, or a vise or defect, real or imaginary, or any act, omission,
condition, status, or circumstances tending to cause the dishonor, discredit, or contempt of a
natural or judicial person, or to blacken the memory of one who is dead.

Libel is distinct from slander in that libel is the use of written or printed word, or a picture,
or an effigy. Slander, on the other hand, is an oral or spoken defamation.
 2 Categories of Defamation

Libel generally refers to Slander refers to oral

written defamation, (in Libel defamation, through spoken
you are giving an untrue speech.
statement that is made in
writing.)
Requisites of Libel

1. defamatory imputation;
2. malice, either in law or in fact;
3. publication of the imputation; and
4. identity and certainty of the person libeled.
 (1) defamatory imputation

A statement is defamatory if it exposes a person to

Requisites hatred, ridicule, or contempt, or it causes him to to
of Libel be avoided or shunned and has a tendency to
injure him in his office, profession, or trade.
*Plaintiff - the complainant/ complaining party

*Defendant - this is the person who cause the publication of

untrue accusation, in short this is the accused person
 (2) malice, either in law or in fact

Requisites A statement is malicious if it may denote

unprivileged publication of defamatory matter
of Libel without lawful excuse (malice in law) and if it may
mean an evil motive or ill-will in making the
publication (malice in fact).
 (3) publication and imputation

Requisites It is not enough that the issue containing libelous

matter be printed. It requires that it be circulated
of Libel in public (exposed to be read by someone).
 (4) identity and certainty of the person libeled
Requisites The last requisite for libel is that the victim of the
of Libel defamation must be clearly identified.

*If no person is specified by name or accurately described in the

alleged libel, it is not enough that the complainant recognized
himself as the person libeled. There should be at least a third
person who will identify the the person who is being accused.