What are the elements of libel and cyber libel?

Answer

From Article 353 of the Revised Penal Code, libel has four elements: (1) a defamatory imputation of a crime, vice, defect, act, omission, condition, or status; (2) publicity — it was made public; (3) malice; and (4) identifiability of the person defamed.

Cyber libel under Section 4(c)(4) of RA 10175 requires the same four elements, plus the added element that the libelous matter was committed through a computer system. Malice is presumed for defamatory imputations under Article 354, except for privileged communications.

Sources & further reading

• Revised Penal Code Art. 353 — definition of libel
• Revised Penal Code Art. 354 — presumption of malice
• RA 10175 Sec. 4(c)(4) — cyberlibel
• Full report: cyber libel in the Philippines

Cases on this topic

• Jannece C. Peñalosa v. Jose A. Ocampo, Jr
• People v. Jomerito S. Soliman
• Wilbert Tolentino v. People
• Wonina M. Bonifacio v. Regional Trial Court of Makati

Related questions

• What is cyber libel in the Philippines?
• What are the defenses to libel — truth and privileged communication?
• How long do you have to file a libel case in the Philippines?
• Who can be held liable for online or written libel?