Alex Villafania on Libel and Copyright in Blogging
Juned Sonido interviews Alex Villafania, former online at Inquirer.net, to discuss two of the most important legal issues in the contest of blogging and online media: copyright and libel. The latter is a hotter topic these days because of the libel complaint filed against blogger “Ella Rose” by the National Bureau of Investigation and Department of Social Welfare and Development. She previously claimed that the DSWD was not distributing relief goods during the Ondoy disaster. Here’s Alex’s comment on such a case:
Baratillo.net: Is the blogger or on-line media practitioner liable for comments said/posted on his blog, forum or website?
Alex: If the law is to be strictly followed, to the last word, yes. Because blogs and online media are public communiques, and are read by more than two people (libel requires 3 people or so — the 2 parties involved and a third-party to actually hear it), they can put under the libel clause.
Article 355 states that “a libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional….in addition to the civil action which may be brought by the offended party.” That also includes articles written in forums, email and yes, online stories and blogs.
Year in and year out, legal issues are one of the biggest topics at the iBlog Summit, and with yet another blogger making mainstream news, this will surely be tackled again. Alex Villafania’s interview is a glimpse into that discussion, so consider this an early look into that.
Catch the complete, must-read interview here.
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2 Comments
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opiniononissues Said,
February 8, 2010 @ 8:57 pm
Re DSWD-blogger issue:
In the interest of fairness, we may want to consider these details in weighing the matter at hand:
http://jlp-law.com/blog/libel-e-internet-libel/
In Philippine jurisdiction, the truth is not always a defense. While something is true, if the purpose is to besmirch, then liability still exists. To be liable for libel, the following elements must be shown to exist:(1) the allegation of a discreditable act or condition concerning another;
Here are some photo captions in Ella’s blog:
- Marami pang pabubulukin
- Sige, ideretso ‘nyo ulit ‘yan sa DSWD warehouse. Para AMAG naman ang abutin ng biskwit… at sapot ng gagamba.
- Do you mean “do not delay ang dati nang delayed”
- Sabay tatahiin na ang sako. O di ba, parang asong tinapunan ng buto ang mga nasalanta?
- Relief goods na ayaw yata ibigay sa mga nasalanta. Halatang-halata.
Her Conclusion:
Susulpot din siguro ang laman ng mga mahiwagang kahon at mapapasakamay din ng mga tao…sa ARAW NG ELEKSYON.
(2) publication of the charge;
http://www.ellaganda.com/?p=1759(3) identity of the person defamed; and
http://www.ellaganda.com/?p=1759(4) existence of malice.
Legal malice is a term that refers to one party’s intention to do injury to another. Malice can either be expressed or implied.
- Expressed malice occurs when the party gives outward notice that they intend to commit a crime or some other wrong towards another.
Nagpalabas ng directive ang pangulo. Individuals, private companies and other nations were ENCOURAGED to send their donations to DSWD. I blogged about it here (blog entry not found ).
This PGMA directive sounded suspicious to me then. Now I know why.
Here’s the story.
A group of eight people, your ate Ella included, went to one of DSWD warehouses to help in repacking relief goods. We know they need volunteers pero hindi namin akalaing WALANG TAO TALAGA SA LOOB NG WAREHOUSE!
***Ella suspected PGMA’s directive. She went to volunteer and took photos expressly violating the instruction not to do so. She displayed these on her blog with the captions earlier mentioned.
- Implied malice occurs when one party causes death or injury to another during the course of unlawful or disreputable actions.Pinagbawalan kaming kumuha ng pictures sa loob ng warehouse. I wonder why.
*** She took photos, posted the photos in her blog with abovementioned captions.
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opiniononissues Said,
February 8, 2010 @ 8:59 pm
3. Do you base it on the snowballing imputations the blog entry has spawned?
a. Such as the blog entries of her fellow bloggers like: http://gurlalien.blogspot.com/2010/01/para-kay-ella.html
Wow… di maka get over? bakit kaya? well… ang sabi niya, hindi daw dapat palampasin ang mga ganitong ‘paninira’ sa gobyerno. huh? pero bakit? Alam mo madam, kung di ka talaga guilty, dapat madali kang makaka move-on. eh bakit parang hanggang ngayon eh hurt na hurt ka pa din sa mga nabasa mong blog post? dahil ba the truth hurts? at kahit pa na hindi na ikaw ang mei hawak ng DSWD eh nag file ka pa din ng kaso?
yung mga againsta kay ella, obvious na obvious na related sa DSWD. kung makapag post eh damang dama nila every word.
Whose alias appears here:
http://forums.seo.ph/showthread.php?s=81b8794c5836bf5d9aae7608177a1b3f&t=5216b. Or the published articles of media men like:
Ramon Tulfo
Whose article: It pays to be honest
http://services.inquirer.net/mobile/10/02/01/html_output/xmlhtml/20100130-250222-xml.html
states:FORMER SOCIAL WELFARE and now Health Secretary Esperanza Cabral is reportedly using her office to harass a blogger…
The same group also allegedly went to the Parañnaque residence of the Dolor family, as Cabral was reportedly convinced that Ella was a member of that family.
Same Tulfo who happens to appear here:
42 Journalists kinasuhan ng Libelo
Bandera (six counts, Tulfo’s column”On Target” inilabas noong Jan. 26, May 23 at 27, June 6,8 at 17)
27. Eileen Mangubat (publisher)
28. Beting Laygo Dolor (editor-in-chief)
29. Jimmy Alcantara (associate editor)
30. Raymond Rivera (circulation manager)http://zumel.com/index.php?option=com_content&task=view&id=14&Itemid=2
As confirmed from this column:
http://tulfo.net/column1.htm
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