In the Philippines, protecting one’s reputation is a matter of both civil right and criminal law. The primary statutes governing these offenses are the Revised Penal Code (RPC) and the Cybercrime Prevention Act of 2012. While the terms "Libel," "Slander," and "Oral Defamation" are often used interchangeably in casual conversation, they carry specific legal distinctions based on the medium used and the gravity of the accusations.
1. Libel: The Written or Mediated Defamation
Under Article 353 of the Revised Penal Code, libel is defined as a public and malicious imputation of a crime, vice, or defect (real or imaginary), or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
The Four Elements of Libel
For a libel charge to prosper, all four of these elements must be present:
- Imputation of a discreditable act or condition – The statement must suggest something derogatory.
- Publication – The statement must be communicated to a third person (other than the person defamed).
- Person Defamed – The victim must be identifiable.
- Malice – The statement was made with an ill-will or a "reckless disregard for the truth."
Traditional vs. Cyber Libel
- Traditional Libel (Art. 355, RPC): Committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means.
- Cyber Libel (R.A. 10175): Libel committed through a computer system or any other similar means which may be devised in the future. Crucially, the penalty for Cyber Libel is one degree higher than that prescribed by the RPC.
2. Oral Defamation (Slander)
Oral Defamation, commonly referred to as Slander, is libel committed through spoken words. Under Article 358 of the RPC, it is the malicious imputation of a crime, vice, or defect made orally.
The law distinguishes between two types of oral defamation based on the severity of the insult and the circumstances:
- Simple Slander: Utterances that are not particularly serious or were made in the heat of anger.
- Grave Slander: Utterances that are of a serious nature, deeply affecting the honor and reputation of the victim. The court looks at the social standing of the parties and the occasion of the speech to determine gravity.
3. Key Differences at a Glance
| Feature | Libel / Cyber Libel | Oral Defamation (Slander) |
|---|---|---|
| Medium | Writing, print, radio, or internet. | Spoken words or gestures. |
| Permanence | Usually recorded or archived. | Transitory (fleeting). |
| Prescription Period | 1 year (RPC); Controversial for Cyber Libel (often cited as 15 years by DOJ). | 6 months (Grave); 2 months (Simple). |
| Penalty | Prision correccional or fines; higher for Cyber Libel. | Arresto mayor (Grave) or Fine/Arresto menor (Simple). |
4. Defenses Against Defamation Charges
Even if a statement is damaging, the accused may be acquitted if they can prove certain defenses:
Truth and Good Motives: Under Article 361, if the matter is a crime or a public official's performance, proving the statement is true and published with "good motives and justifiable ends" is a total defense.
Privileged Communication:
Absolute: Statements made in legislative or judicial proceedings.
Qualified: A fair and true report of official proceedings (like a court hearing) made without any comments or remarks.
Fair Comment: Discreditable statements about public figures or matters of public interest are generally protected, provided they are not made with "actual malice."
5. Jurisprudential Nuances
The Philippine Supreme Court has often emphasized that "libel is not a constitutionally protected speech." However, the "Actual Malice" doctrine (originating from New York Times v. Sullivan) is applied when the complainant is a public official or public figure. In these cases, the prosecution must prove the defendant knew the statement was false or acted with reckless disregard for whether it was false or not.
In the case of Oral Defamation, the context is vital. Words spoken in a "quarrelsome" atmosphere or a "moment of heat" are often downgraded from Grave Slander to Simple Slander, as the law recognizes that emotions can cloud judgment and diminish the perceived intent to defame.