![[ANALYSIS] The right to call the government crazy](https://i.headtopics.com/images/2020/5/20/rapplerdotcom/analysis-the-right-to-call-the-government-crazy-1263005632837402624.webp)
'Voicing your exasperation over the government and its officials – even in impolite language – is constitutionally protected.'
Frustrated over the current state of affairs in the country, a Butuan City salesman turned to Facebook to express his sentiments,On May 13, 2020, police officers went to Reynaldo Orcullo’s home and arrested him without any arrest warrant. Orcullo was charged with cyberlibel under the Cybercrime Law.
duties, the expression is examined beyond the confines of our libel laws. In other words, expressions of a political character are treated differently under our law. Political speech is a direct exercise of the people’s sovereignty. Considering the special constitutional protection afforded to political speech, the Supreme Court has repeatedly explained that a defamatory opinion against a public figure is not libelous unless there is actual malice. A remark directed against a public figure in relation to public matters is a privileged expression.
conduct, unless the public official concerned proves that the statement was made with actual malice.” A tabloid article that scathingly accused a DTI official of misdeeds was deemed privileged because “[t]he conduct, moral fitness, and ability of a public official to discharge his duties are undoubtedly matters of public interest[.]”
In the cases that adjudge defamatory expressions on public officials as libelous, the expressions involved are mostly malice-laden journalistic works that are made out to be factual reports – even if the author knew of the report’s falsity or was so reckless in determining the report’s accuracy.
In criticizing a public official by calling him/her “buang,” there can be no libel because, in the first place, the person does not intend to assert a factual truth; it is merely a personal feeling or sentiment. Freedom of speech protects impolite speech as well.
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