It's not my intention: A comparative study on the defenses of unintentional defamation and of privileged communication

• Main Authors: Elinzano, Andrei V., Que, Jamieline T.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Libel and slander > Philippines; Civil Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5634
• Institution: De La Salle University

The Philippines has long kept libel as a punishable act. There have been numerous controversies in the country that involve the battle between freedom of expression and the right to reputation. Indeed, those who damage or injure other people's reputation and identity by way of fabricating facts and expressing false statements are punished by law. Significant in libel law is the presumption of malice. Hence, every statements perceived as defamatory is deemed as malicious. But what if there is no intention to defame another, despite that the words show their defamatory? Are there defenses available to these innocent people?This thesis aims to evaluate the existing defenses against libel charges in the Philippines in comparison with the defenses made available in other jurisdictions. This paper inquires whether laws in the Philippines afford protection to people who have unintentionally written or published statements that are defamatory on the face--as already available in countries like Hong Kong and Australia (the Defense of Unintentional Defamation of Innocent Dissemination)Findings of the study suggest that the defense of unintentional defamation already existed in the Philippines. The defense may not be termed as such but its essence and characteristics have been prevalent in most cases decided by the court that ruled writers and publishers as innocent from the libel charges.