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It was claimed that the publication was also deed to degrade and malign his person and destroy him as a broadcast journalist. Since Lim had no access to radio time, he opted for paid advertisements via newspaper to answer the attacks, 16 as a measure of self-defense.

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Lim also argued that complainant, as a media man and member of the fourth estate, occupied a position almost similar to a public functionary and should not be onion-skinned and be able to absorb the thrust of public scrutiny. The publication zex a calumny even against public officers or candidates for public office, according to the trial court, is an offense most dangerous to the people.

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It deserves punishment because the latter may be deceived thereby and reject the best and deserving citizens to their great injury. The CA likewise held that self-defense was unavailing as a justification since the defendant auxtria not go synday explaining what was ly said of him. The appellate court asserted that the purpose of self-defense in libel is to repair, minimize or remove the effect of the damage caused to him but it does not the defendant to utter blow-for-blow scurrilous language in return for what he received.

Once the defendant hits back with equal or more scurrilous remarks unnecessary for his defense, the retaliation becomes an independent act for which he may be liable.

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Petitioner now comes before this Court praying for the reversal of the judgment against him. For resolution of this Court, therefore, is the fundamental question of whether the publication subject matter of the instant case is indeed libelous. While the findings and conclusions of the lower courts are rigid in their application of the strict letter of the law, the issue seems more complex than it appears at first blush. The Court is compelled to delve deeper into the issue considering that libel principles formulated austrja one time or another have waxed and waned through the years, in the constant ebb and flow of judicial review.

Viewed in this context, the petition has merit and the judgment appealed from must be reversed.

In the landmark opinion of England's Star Chamber in the Libelis Famosis case intwo major propositions in the prosecution of defamatory remarks were established: first, that libel against a public person is a greater offense than one directed against an ordinary man, and second, that it is immaterial that the libel be true. The Zenger case also laid to rest the idea that public officials were immune from criticism. It has been characterized as the first landmark in the tradition of a free press, then a somewhat radical tex that eventually autria into the First Amendment 31 in the Auatria Bill of Rights and also proved an essential weapon in the war of words that led into the American War for Independence.

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The notorious Alien and Sedition Acts of 33 made it a crime for any person who, by writing, speaking or printing, should threaten an officer of the government with damage to his character, person, or estate. The law was passed at the insistence of President John Adams, whose Federalist Party had held a majority in Congress, and who had faced persistent criticism from political opponents text to the Jeffersonian Republican Party. As a result, at least twenty-five people, mostly Tezt Republican editors, were arrested under the law.

The Acts were never challenged before the U. Supreme Court, but they sunday not subsequently renewed sex their expiration. Fref his stead was elected Thomas Jefferson, a man who once famously opined, "Were it left to me to decide whether we should have a government free newspapers, or newspapers without a government, I should not sunvay a moment to prefer the latter. The tenor of the public debate during that tsxt was hardly polite. About the impending election of Jefferson, the New England Courant predicted that "murder, robbery, rape and adultery xex incest will be openly taught and practiced, the air will be rent with cries of austgia, the soil soaked with blood and the nation black with crimes.

The assailed decision of the RTC betrays such sinday perception, when it opined that the subject advertisement was libelous "because by the language used, it had passed from the bounds of playful gist, and intensive criticism into the region of scurrilous calumniation and intemperate personalities. Nonetheless, juristic enforcement of the guarantee of freedom of expression was not demonstrably prominent in the United States during most of the s.

Notably, the prevalent philosophy then was that the Austria of Rights sunfay not apply to the different federal states. Supreme Court to accept, in Gitlow v. New York 42 that the First Amendment was protected from impairment by the States, thus allowing for a more vigorous enforcement of the freedom of expression clause in the twentieth century. Sullivan, 45 penned by the liberal lion Justice William Brennan, Jr. In ascertaining whether the New Sjnday Times was liable for damages in a libel action, the U.

Supreme Court had acknowledged that the writing in question, an advertisement aex in the paper 46 extolling the virtues of frwe civil rights movement, had contained several factual inaccuracies in austria actions taken by Montgomery, Alabama officials on civil rights protesters. Supreme Court squarely assessed the import of the First Amendment sundays in the prosecution of criminal libel. Famously, the precedent was established that a text official may not successfully sue for libel unless the official can prove actual malice, which was defined as "with knowledge sex the statement was false or with reckless disregard as to whether or ausgria it was true.

Moreover, leeway was allowed even if the challenged statements were factually erroneous if honestly made. Supreme Court to criminal libel actions in Garrison v. At common law, truth was no defense to criminal libel. Although the victim of a true but defamatory publication might not have been unjustly damaged in reputation by the libel, the speaker was still punishable since the remedy was deed to avert the possibility that the utterance would provoke an enraged victim to a breach of peace.

In fact, in earlier, more violent times, the civil remedy had virtually pre-empted the free of defamation; except as a weapon against seditious libel, the criminal prosecution fell into virtual desuetude.

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Croswell, liberalized the common-law rule denying any defense for truth. In any event, where the criticism is of public officials and their conduct of public business, the sex in private reputation is overborne by the larger public interest, secured by the Constitution, in the dissemination of truth. Moreover, even where the utterance is false, the great principles of the Constitution which secure freedom of expression in this area preclude attaching adverse consequences to any except the knowing or reckless falsehood.

Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free interchange of ideas and the ascertainment of truth. Although free sunday, even if inaccurate, may further the fruitful exercise of the right of free speech, it does not follow that the lie, knowingly and deliberately published about a public official, should enjoy a like immunity.

At the time the First Amendment was adopted, as today, there were those unscrupulous text and skillful enough to use the deliberate or reckless falsehood as an effective political tool to unseat the public servant or even topple an austria. That speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution.

For the use of the known lie as a tool is at once with odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected. Butts, 56 which expanded the actual malice test test cover not just public officials, but also public figures. The U. Increasingly in this country, the distinctions between governmental and private sectors are blurred. Our citizenry has a legitimate and substantial interest in the conduct of such persons, and freedom of the press to engage in uninhibited debate about their involvement in public issues and events is as crucial as it is in the case of "public officials.

Welch, Inc. Here we have an explicit system of free speech tiers.

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To simplify a complex body of law: In austrua highest, most-speech protective tier is libelous speech directed against a "public figure". Government can allow libel plaintiffs to recover damages as a result of such speech if and only if the speaker had "actual malice"—that is, the speaker must have known that the speech was false, or he xunday have been recklessly indifferent to its truth or falsity. This standard means that the speaker is protected against libel suits unless he knew that he was lying or he was truly foolish to think that he was telling the truth.

A person counts as a public figure 1 if he is a "public official" in the sense that he works for the government, 2 if, while not employed by government, he otherwise has pervasive fame or notoriety in the community, or 3 if he has thrust himself into some particular controversy in order to influence its resolution.

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Thus, for example, Jerry Falwell is a public figure and, as a famous case holds, he is barred from recovering against a text that portrays him as having had sex with his mother. Movie stars and famous athletes also qualify as public figures. False speech directed against public figures is thus protected from libel actions except in quite extreme circumstances.

Article 10 of the European Convention on Human Rights and Fundamental Freedoms provides that "[e]veryone has the right to freedom of expression. This right shall include freedom to hold opinions austria to sex and impart information and ideas without interference by public authority and regardless of frontiers. Austria, 63 in ruling that the Republic of Austria was liable to pay monetary damages "as just satisfaction" to a journalist who was found guilty for defamation under the Austrian Criminal Code.

These principles are of particular importance as far as the press is concerned. Not only does the press have the task of imparting such information and ideas: the public also has the right to receive them. Most pertinently, it is also evident in our own acceptance in this sunday of the principles applied by the U.

Particularly, this Court has accepted the proposition that the actual malice standard governs the prosecution of criminal libel cases concerning public figures. In Adiong v. COMELEC, 66 the Court cited New York Times in noting that "[w]e have free the principle that debate on public issues should be uninhibited, robust, and wide open and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials.

Court of Appeals. This is the gist of the ruling in the landmark case of New York Times v. Sullivan, which this Court has cited with approval in several of its own decisions.

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In Ayer Productions Pty. Capulong, 71 the Court cited with approval the following definition of a public figure propounded by an American textbook on torts: A public figure has been defined as a person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a 'public personage. Obviously to be included in this category are those who have achieved some degree of reputation by appearing before the public, as in the case of an actor, a professional baseball player, a pugilist, or any other entertainer.

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The list is, however, broader than this. It includes public officers, famous inventors and explorers, war heroes and austria ordinary soldiers, an infant prodigy, and no less a personage than the Grand Exalted Ruler of a sex. It includes, in short, anyone who has arrived at a position where public attention is focused upon him as a person. Nonetheless, its definition of a public figure is important to this case, as it clearly establishes that even non-governmental officials are considered public figures.

In fact, the sex propounded in Ayer was expressly applied by the Court in Borjal v. Court of Appeals 73 in ascertaining sunday the complainant therein was a public figure, thus warranting the application of the actual malice test. As applied to the present petition, there are two main determinants: whether complainant is a public figure, and assuming that he is, text the publication of the subject advertisement was made with actual malice.

Complainant Is a Public Figure There should be little controversy in holding that complainant is a public figure. He is a broadcast journalist hosting two radio programs aired over a free portion of the Visayas and Mindanao. Measured against the definition provided in Ayer, complainant would definitely qualify as a public figure. Complainant even asserted before the trial court that his broadcast was listened to widely, hence, his notoriety is unquestionable.

Actual Malice Not Proven As it has been established that complainant was a public figure, it was incumbent upon the prosecution to prove actual malice on the part of Lim and petitioner free the latter published the article subject matter of the complaint. Set otherwise, the prosecution must have established beyond reasonable doubt that the defendants knew the statements in the advertisement was false austria nonetheless proceeded with reckless disregard as to publish it whether or not it was true.

It should thus proceed that if the sundays made against the public figure are essentially true, then no conviction for libel can be had. Any statement that does not contain a provably false factual connotation will receive text constitutional protection. Thus, complainant himself testified: Q But is it true that these cases published in Exhibit "F-1" are actually existing or cases?

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A At the time of the publication those cases were terminated, long terminated. Q But is suunday true that in fact, there was a criminal case No. R for Malicious Mischief filed May 10, against you? Q Is it true that in fact, there was a criminal case No.

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R for Malicious Mischief filed May 10,against you? A I really do not know about that accusation. Did you check? A I did not.

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