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All Jurisprudence based

0 tracked cards Criminal Law

Scenario: A city information officer, Ms. D, posts on her publicly accessible X account: 'Governor Q accepted kickbacks from Omega Builders for the river dredging project.' The post is widely viewed and later republished in full by a local online news portal. Governor Q files a cyberlibel complaint under RA 10175, Sec. 4(c)(4). Which of the following statements is correct regarding the offense and the likely outcome under Philippine law?

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The offense requires that the defendant be the person who created or posted the libel; a republication by a third party is not punishable unless done with knowledge of the libel. Malice must be shown by the prosecution; the fact that the victim is a public figure does not alone prove malice. Ms. D is liable for cyberlibel; the post constitutes publication of a libelous statement via a computer system, and the subsequent republication by the online news portal does not absolve her; the portal may also be liable as a co-publisher. The online news portal is solely liable for cyberlibel, while Ms. D is protected by immunity from cyberlibel since she is a government employee making an official statement.

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