ASEAN Regional Coalition to #StopDigitalDictatorship
In both cases, courts may apply tests such as the
‘clear and present danger’ or ‘dangerous tendency’
to justify restrictions on free speech or conduct a
‘balancing of interests’.5 Additionally, the courts utilise
Criminalisation of Defamation: RPC,
2012 Cybercrime Act, and the House
Bill No. 1769
the O’Brien Test to differentiate between content-
Defamation is defined as the “publication of anything
based and content-neutral legislation. However,
which is injurious to the good name or reputation of
this commitment to preserving human rights and
another or tends to bring him into disrepute.”6 Article
safeguarding the freedom of speech and expression
353 of the Revised Penal Code (RPC) defines libel
is not supported by real practice, especially since
as “a public and malicious imputation of a crime,
former President Rodrigo Duterte assumed office
vice or defect, real or imaginary; or any act, omission
in 2016. Certain practices and laws undermine
or circumstance tending to cause the dishonour,
the protection of free expression enshrined in the
discredit or contempt of a natural or juridical person,
Constitution.
or to blacken the memory of a dead.”7 It may be
committed by means of writing, printing, radio, or
Democratic Status (Freedom In The World):
The Philippines
similar means, while slander is defamation committed
by oral means.8
80
64
65
65
61
fulfil the cumulative requirements of (1) being
60
Index Score
For a statement to be considered libellous, it must
defamatory; (2) containing an element of malice;
(3) being published; and (4) being made against an
40
identifiable person.9 Article 358 of the RPC states that
slander or oral defamation is punishable by arresto
20
mayor in its maximum term of six months to prisión
0
2020
2021
2022
2023
Year
and medium periods or a fine ranging from PHP 200
to 6,000, or both, in addition to the civil action which
Media & Press Freedom Status (World Press
Freedom Index): The Philippines
Index Score
136
may be brought by the offended party.”10
The concept of online or cyber libel was introduced
147
138
On the other hand, Article 355 states that libel is
“punishable by prisión correccional in its minimum
Freedom House, Explore the Map, (n.d.), available at:
https://freedomhouse.org/explore-the-map?type=fiw&year=2023
50
correccional or a fine not exceeding PHP 200 ($3).
132
in Republic Act No. 10175, otherwise known as the
2012 Cybercrime Prevention Act (hereinafter, the
100
Cybercrime Act).11 Section 4(c)(4) of the Act defines
cyber libel as “the unlawful or prohibited acts of libel
50
as defined in Article 355 or the Revised Penal Code,
as amended, committed through a computer system
0
2020
2021
2022
2023
Year
Reporters sans frontières, Classement, (n.d.), available at: https://rsf.org/fr/classement
Fig. 6.2: Digital Space & Online Freedom Status (Freedom on
The Net) and Media & Press Freedom (World Press Freedom
Index) Ratings for the Philippines over the years, 2020-2023.
The Philippines
or any other similar means which may be devised
in the future.” In essence, the Cybercrime Act has
a catch-all provision that makes all crimes in the
Revised Penal Code a “cybercrime” if committed
through a computer system. The penalty applicable
to online libel is more severe than libel committed
217
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