Martes, Marso 25, 2014

CYBER LIBEL IS A REALITY

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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