Some interesting facts I
came across while reading an article on Cyber libel + some of my thoughts
regarding the issue
TREATMENT
ON FOREIGN JURISDICTION:
English
- Jurisdiction of Cyber Libel is based on the place where the article was
downloaded. At the same time, publishers, aside from the author are liable of
Cyber Libel. Knowing that such imputation was with the intention to dishonor
the reputation of a person, publishers should have not allowed such
publication.
Japan
- Japanese authorities encourage victims of online defamation to come forward.
Since a majority of the population are internet users, Japan treats cyber libel
strictly. (Japan ranks #4 worldwide where 71.9% of its population are internet
users. The Philippines' is at #14 spot). Also, there is NO STARE DECISIS in
Japan.
Australia
- Libel Tourism is recognized in Australia.
Libel
Tourism is defined as the act of shopping for a convenient venue for the filing
of a libel suit.
America
- like the Philippines, American jurisprudence on cyberlibel is subject to
conflicting rulings. There is that critical analysis as to balance whether an
imputation is within the ambit/scope of freedom of speech and expression.
Philippines
- CYBER LIBEL EXISTS EVEN BEFORE THE ENACTMENT OF THE CYBERCRIME PREVENTION ACT
OF 2012. By that, the Cyber Law is simply an expansion of the the provision on
Libel and an attempt to frame an act which our courts do not have a fix
jurisprudence
***Everyone
is entitled to his own opinion. But may we never forget to put these thoughts
under critical analysis before deciding to spill it out in whatever means. The
International Law as well as the Constitution may have given us the guarantee
on Freedom of speech and expression but still subject to certain
limitations.
And
regardless of whether there is a Civil Law or not, I believe it is our moral
obligation to ensure that whatever we say or do would not cause any harm to
another.
Btw,
the article is entitled "An Examination of Cyberlibel in the Philippines:
A study of the Current State of Online Defamation" by Kevin Lester Lee and
Juan Paulo Villonco, Vol 57 Ateneo Law Journal





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