As most targets of Mr.Iliadis live in the Philippines, the criminal code of the Philippines may also apply.
As a Resident of the Philippines a Person is automatically under the Jurisdiction of his host nation, and therefore also under protection of its criminal code. Now one may ask himself, what does a conviction of Mr.Iliadis in the Philippines has for a benefit?
A lot -first of all Mr.Iliadis is a regular visitor of the Philippines, and therefore would be arrested immediately upon arrival.
And second a conviction can be served in France for further proceedings in this ‘International case”- as all Internet defamation cases are.
Under Article 353 of the Revised Penal Code, libel is defined “as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission , condition, status or circumstance tending to cause dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” In libel, publication is a requirement, which must be in writing or similar means. On the other hand, slander constitutes oral defamation under Article 358 of the Revised Penal Code. Libel and slander are punishable by imprisonment (prison correctional)
In a criminal offence of libel, truth may be given in evidence if it appears that the matter charged as libelous is true and that it was published with good motives and with justifiable ends (Please see 361 of the Revised Penal Code). Under Article 354 of the Penal Code, a fair and true report made in good faith without remarks or comments of any official proceedings which are not confidential in nature. If remarks and comments, under Article 354 are made with malice, such comments and remarks will not exempt the author, publisher, editor or managing editor of a newspaper from criminal liability.
In the Philippines, criminal and civil action for damages may be filed simultaneously or separately in the Court where the libelous article is printed and first published, or where any of the offended parties actually resides at the time of the commission of the offence. (See Article 360 of the Revised Penal Code).
Here are the Paragraphs applicable:
(kind note- the monetary fines in the laws are “suggestions” and do not represent the actual amounts fined in reality. Judges can ask almost any amount of the offender. The richer the offender , the higher the fine. I inquired and was told it ranges between one to 12 gross monthly incomes )
Thursday, May 11, 2006
Revised Penal Code of the Philippines Article 353-359
Definition of libel
A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Requirement for publicity
Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:
1. A private communication made by any person to another in the performance of any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.
Libel means by writings or similar means
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 its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.
Threatening to publish and offer to present such publication for a compensation
The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.
Prohibited publication of acts referred to in the course of official proceedings
The penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.
As one can see, the penal code is also very explicit and strict and includes the host companies of defamation and libel posts/blogs and other publications.( “Publish facts connected …offensive with the honor, virtue and reputation…”Not even the PRESS has this freedom,how much a commercial ISP Host)