NEW BILL ON LIBEL
Malice should be proven by complainant
By Lira Dalangin-Fernandez
INQUIRER.net
First Posted 17:01:00 12/05/2008
Filed Under: Legislation, Congress, Media
MANILA, Philippines -- A bill to be deliberated soon on the floor of the House seeks to place on complainants in a libel case the burden of proving malice, reversing the current law in which defendants have to prove absence of malice.
The consolidated substitute bill has been reported out for floor deliberations by the committee on revision of laws, Isabela Representative Giorgidi Aggabao, committee chairman, said.
"This means the defendant must be shown to have acted with the knowledge that statements made were false or there was clear disregard for the truth," Aggabao said in a statement.
Malice is not presumed in any discussion of any matter of public concern, or criticism of official conduct of public figures, according to the bill.
Under the existing libel law, malice is presumed.
The substitute bill also limits the venue "to where the principal place of business of the journalist, editor, business manager or publisher is located." Under the present law, a libel case may be filed where the offending article is published or the complainant lives.
But the substitute bill also increases the fine for libel, which used to range from P200 to P6,000, to P100,000 to P300,000.
The substitute bill consolidated House Bills 2133, 2791, 2802, 3535 and 4914.
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