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