The provision
ARTICLE 362. Libelous remarks. -Libelous remarks or comments connected with the matter privileged under the provisions of article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. CHAPTER TWO INCRIMINATORY MACHINATIONS
Key points
Article 362 addresses libelous remarks. Libelous comments connected with privileged matter under Article 354, if made with malice, do not exempt the author, nor the editor or managing editor of a newspaper, from criminal liability.
The provision prevents the privilege attaching to a report of official proceedings from shielding separately malicious commentary added to it. It is read with Article 354 on privileged communications and Articles 353 and 355 on the definition and means of libel.
The article closes a gap that might otherwise let privileged reporting shield malicious editorializing: while Article 354 protects a fair and true report of official proceedings made without comment, separate libelous remarks attached to that report — if made with malice — remain punishable. Liability extends not only to the author of the remarks but also to the editor or managing editor of the newspaper. It is therefore read closely with Article 354 on privileged communications and Article 361 on proof of truth.