Legal Advice on Libel Case
Dear PAO,
I have a friend who may be the subject of a libelous article in a newspaper. Although not directly naming him in the article, some aspects may allude to him as the subject. The story is not entirely about my friend’s life, but we strongly feel that he is the subject of the libelous article because his name sounds like the name used in the article. My friend’s name is Frederick, and the name used in the article is “Derick.” Can a libel case prosper against the author of the article?
Emily
Legal Explanation on Libel Case
Dear Emily,
Please be informed of the definition and elements of the crime of Libel as elucidated in legal cases. Libel is defined as a ‘public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.’
- For an imputation to be libelous, the following requisites must concur:
- It must be defamatory
- It must be malicious
- It must be given publicity
- The victim must be identifiable
Absent any one of these elements precludes the commission of the crime of libel.
The definition and the elements of Libel were clearly laid out. To be convicted of Libel, four (4) requisites must concur, namely: (a) there must be a defamatory statement; (b) it must be maliciously made; (c) it must be made public; and (d) the victim must be identifiable. Absent any of the foregoing requisites, the case must fail.
Clarification on Victim’s Identifiability
Moreover, in legal cases, the element of being identifiable was clarified. While not all libelous materials name the victim directly, parameters were set on when an “unnamed” person or subject in an article may still qualify as identifiable.
The High Court stated that identifiability can be established through:
- Identification through intrinsic reference
- Identification through description
- Identification through extrinsic evidence
If the victim is not directly named, as in your friend’s case, identifiability can be established through any of the mentioned modes. Mere similarity in names may not suffice as identifiability. There should be other intrinsic or extrinsic facts in the article that could establish the victim’s identity.
In this case, the alleged identity of the victim is solely based on the similarity of names. Without other supporting facts or descriptions in the article, a libel case may not prosper.
We hope this legal explanation clarifies your concerns. Please note that this advice is based on the facts presented, and our opinion may change with additional information.