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It simply suggested that defamation laws be crafted with care to ensure that they do not stifle freedom of expression.
But General Comment 34 does not say that the truth of the defamatory statement should constitute an all-encompassing defense. Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties.
ROJAS, DIRECTOR OF THE NATIONAL BUREAU OF INVESTIGATION, D/GEN. BARTOLOME, CHIEF OF THE PHILIPPINE NATIONAL POLICE, MANUEL A. Whether these reactions to defamatory statement posted on the internet constitute aiding and abetting libel, acts that Section 5 of the cybercrime law punishes, is another matter that the Court will deal with next in relation to Section 5 of the law.(a) Aiding or Abetting in the Commission of Cybercrime.
CASAMBRE, EXECUTIVE DIRECTOR OF THE INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICE, NONNATUS CAESAR R. In a sense, they are a world apart in terms of quickness of the readers reaction to defamatory statements posted in cyberspace, facilitated by one-click reply options offered by the networking site as well as by the speed with which such reactions are disseminated down the line to other internet users.
The defense of absence of actual malice, even when the statement turns out to be false, is available where the offended party is a public official or a public figure, as in the cases of (the Executive Director, First National Conference on Land Transportation).
The prosecution bears the burden of proving the presence of actual malice in instances where such element is required to establish guilt.
When a person aids or abets another in destroying a forest, his action is essentially physical and so is susceptible to easy assessment as criminal in character.