The definition of libel in Wikipedia is defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.
The law of libel originated in the 17th century in England. With the growth of publication came the growth of libel and development of the tort of libel.
The ways to prove libel are: first, prove that the statement was false; 2nd, prove that the statement caused harm and 3rd prove that the statement was made without adequate research into the truthfulness of the statement. These steps are for ordinary citizens.
For a celebrity or a public official, the person must prove the first three steps and that the statement was made with the intent to do harm or with reckless disregard for the truth or what is commonly referred to as proving malice.
By far, proving malice is where the bottleneck occurs and libel cases docketed in the courts usually end up gathering dusts until either party loses interest in the case altogether.
The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles. Media liability insurance is available to newspapers to cover potential damage awards from libel lawsuits.
In my case, as publisher and member of the press, I have been slapped with libel cases twice but both cases were dismissed.
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The people who usually love filing libel cases against print journalists or slander for broadcast journalists are public officials and celebrities. Needless to say they have the edge of visibility, the financial resources either of their offices or on their own and given their stature, they often get a generous mileage to defend themselves (especially among competing papers).
Basically print reporters, the frontliners in the business of gathering and reporting news, have their editors (second in line) and then publishers (last in line) to throw their stories to for final decision-making.
Hence, the burden of proving in a libel suit that a statement is false and harmful and without regard for the truth rests on all three layers in the print media organization. Therefore, these three layers are included in the libel suit.
Traditionally, reporters are told to get both sides of the story all the time so that it is fair and balanced and would not be a ground for libel or any other inconveniences and distractions. (Alas, not all papers practice this caution devotedly as before though).
But what protects the journalists and publishers from onion-skinned public officials and celebrities who, aware of their resources and clout, just file libel or slander cases against the hapless journalists?
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Worth mentioning here is the recent filing by Senator Teofisto "TG" Guingona III of Senate Bill Number 74, or the "People’s Freedom of Information Act of 2013," supporting all calls for complete transparency in the government’s transactions and processes.
The highest stage the Freedom of Information Act has reached so far is the Bicameral Conference Committee Report which was ratified in the Senate but failed to do so in Congress for lack of quorum on the final session day of the 14th Congress. Suffice to say that this bill is long overdue," Sen. Guingona said.
Guingona said while the administration of President Noy Aquino III is making headway in fighting corruption in the country, the issue of complete transparency needs to be addressed.
He cited the need for a mechanism to ensure that taxpayers are given easy access to information regarding the government’s transactions and processes. He said the FOI bill will enhance the democratic ideals which we fought so hard to gain while empowering our people.
Guingona said people can work with government for reforms and accountability only if armed with relevant information. "If we want people to effectively participate in government, transparent and accessible information are vital.
An FOI law is both a blessing and a challenge to good governance. If people have the right information, they must learn to use the same to contribute to nation-building," Sen. Guingona asserted.
Access to information must not depend on the whims and caprices of the heads of government agencies, Guingona said adding that an FOI law will pave the way for an institutionalized and government-wide policy on transparency and disclosure.
He said he hopes the 16th Congress will finally pass the FOI law to help bring government closer to the people,
“A public office is a public trust, and public officers and employees must at all times be accountable to the people," Sen. Guingona said.
