Since the Brian Gorrell blog has emerged a couple weeks ago, I tried to steer away from it because of its libelous nature. Obviously, tens of thousands of people are visiting this Australian guy’s blog about his Filipino ex-lover and the $70,000 money the latter owed him that it has gotten him much attention from the press. This evening, we taped the panel discussion at ANC’s Media in Focus discussing the social and legal ramifications of this phenomenon.
Anybody who’s been following his blog knows the scandalous posts and pictures will only attract libel suits. Lawyer’s of the parties involved have made their moves so far, though nothing concrete has been done. Google, the owner of Blogger.com where the BlogSpot blog is being hosted, has been sent a letter of request to take down the blog as well (not sure if it’s a C&D though).
What other bloggers who have been religiously covering this issue is that they might be also accountable about the spread of such libelous acts and can be held liable in Philippine courts. That’s according to Atty. JJ Disini who was also one of the resource speakers of ANC. Even JV Rufino, EIC of Inquirer.net, said he made sure all their articles (9 so far and counting) steer clear of identifying names, linking or publishing URLs.
Here’s what bloggers might be doing that could get them into trouble if they’re covering the issue.
- Publicly mentioning names of people being exposed in the blog.
- Posting pictures of the people being named by Brian Gorrell in his blog.
- Publishing the URL of the blog or linking to the blog.
- Quoting a libelous sentence on the blog or re-publishing/summarizing allegations thereof.
The personalities and families of the people being exposed in the blog are desperate to end this and looks like they’re doing everything they can to stop people from talking about it and they will include bloggers too.
Watch Media in Focus on ANC this Thursday to learn more about this issue. We tried real hard not to name names or mention the blog. The only name we can really talk about in the segment was Brian Gorrell himself.
Updated: To those who are unfamiliar with my previous battles with libel cases in the Philippines, please refer to this, this and this. In fact, I still have another one right now in Civil Court.
Please read them first so you’ll know where I’m coming from and how ridiculous our system is.
[tags]brian gorell, brian gorrell blog blogger[/tags]
Whats Taking place i’m new to this, I stumbled upon this I’ve discovered It absolutely helpful and it has helped me out loads. I hope to contribute & help different users like its helped me. Good job.
I got jacked on paypal by some crook using a mobile account. Asswipe was stunned when I got her contact info and paid a visit lol!
Phone Search
Christian replied on Apr 30th, 2008 at 11:26 am (78)
“Lulu: You should just give up and take the energy you spent here and start your own blog….or do you just speak up when there’s another “Desperate Housewives†situation?”
___________
wow! i have been away for so long,sorry Christian.
y do u think should i give up? hahaha! i really pity you,you are clearly one of those Filipino people that this Andrew describes in his blog,you kiss foreigners’ ass.anything they say,you bow. reminds me of the “makapilis” anyways, if you want to kiss their ass,ma at pa!
and why do you suggest i spend my energy somewhere else? anong pake mo? close ba tayo para pag sabihan mo ako kung anong gagawin ko? and what’s with the desperate housewife there? hahaha i dont watch that so i dont get what you are saying,but i think it was meant as an insult or something,well…. im not surprised, and i understand your last comment, you clearly cannot carry on with some intelligent conversation so you resort to some low level non sense comment para lang may masabi hahahaha! hijo, i understand, lahat ng taong mababa talaga ang level ng IQ,ganyan ang mga comment hindi mo kasi kayang makipag talastasan ng may sense.
do you know that blogs are becoming a bane for employees and companies na rin in the country? i’ve heard of a bank who recently fired an employee because of his blog. is corporate philippines ready for this?
Lulu: You should just give up and take the energy you spent here and start your own blog….or do you just speak up when there’s another “Desperate Housewives” situation?
Lulu, I write because it creates interest. Some Filipinos want to see a better Philippines. Some (like you) want to defend a tragic legacy, a wasted opportunity. I expect people to be pissed off with my comments, that’s why its called ‘critical thinking’. A great many people dont want to grow, and would rather delude themselves. Your empty reponse is the only negative feedback I have received on this site. Two responses on my website were deleted because they were deficient in relevance or content. You dont need to agree, you just need to formulate an argument. Otherwise you devalue my site www.sheldonthinks.com.
sheldon,i think you are enjoying this.You certainly have a way of twisting facts.who is dilusional?you cant even accept the fact that some people are pissed off by what you say on your blog,they leave comment,but you sheldon,because you cant accept the truth,delete comments critical of you.That’s some self esteem you got there!anyway,im wishing you success on your endeavor.Best wishes sheldon.
I cant continue with your little game here.But don’t worry you will still be given a chance to go at length to prove your point.Practice on your talent for persuasion sheldon,you are definitely going to be needing that.
Lulu, sorry but you are seriously deluded. About the only thing you have conceded is that I’m a good writer. You have no sense of reality. I only engaged in personal attacks after you did. You started with a threat ‘like I’m watching you’ and ‘get our of your country’.
You never conceded that Filipinos have issues. You took offence because you perceived that I was singling out Filipinos. Actually on my blog http://polly-rage.blogspot.com – I critique all the countries where I have lived, including my own. Considering the topic, you have said nothing of what you think is wrong with the Philippines. If its so simple, why is the Philippines still in this situation. Actually my blog has some quite original views on the issue.
You said that you objected to my ‘generalisation of Filipinos’. Generalising is not a bad thing, its part of the thought process (logic), the other part is differentiating. I do both on the site. Because of your delusion you ignore the differentiation I made. I did not imply all Filipinos are bad, though I would argue essentially everyone has flaws.
So only after a laborious critique do I say you are a twit. Mr Abe is no friend of mine. Maybe he sees the value in my content, or recognises that I dont substitute smear for argument.
I have been to many countries. No where do I get the ‘inviting smiles’ that I get in the Philippines. If I walk down the street I would say that its probably 10% of the guys (gay), 15% of the girls. I do like the eye content, though maybe the motive is bad. That reflects on more than those 10%, it is a reflection on values. The fact that these people think its acceptable that people behave like this. Then there are the hypocrites that through popcorn at you if you have a GF in a cinema. Doesnt happen anywhere else. People who think that its ok to ask for my computer when I finish my apartment lease. I have so many examples. These people are enabled. Its the servile root of this country, a culture of entitlement. Where is the evidence that anything is changing. If you think ‘appeals to national pride’ is the answer, its the problem. No one should have pride in their nation. You dont stand for everything your nation is, why would you diminish your individuality by expressing yourself as such. People do it because they want a ‘false pride’. On the negative side, they do it to escape responsibility.
What does it mean to say you love your country? You love Boracay? Its a third rate beach. You love your vegetables. I can get better in every other country. Not saying (certain) Filipinos dont have some fine qualities, some are so special, I’ve not met finer people anywhere in the world, including my GF.
You say “So please,spare me,you will never understand where i am coming from”. Thats because you have no self esteem, you dare not express an original idea. Its just attacking, no contribution.
PS: I dont attack you for your sake. You’re an idiot, I do it for the benefit of Mr Abe’s readers and myself. We both get hits because of you. His readers like my stuff as well. :)
I stop critiquing your stuff when you stop making empty assertions.
I deleted your entry to my blog because it lacked content and did not correspond to the blog post. My readers have standards, you have none. Make some attempt to honestly critique my posts, and your content will stay.
Christian
Please allow me to make clear that i am not in a state of denial nor am i dilusional.I am aware of the ills of my country and we Filipinos are doing something about it.i never said his writtings were false.What I was objecting to is how the Filipinos were generalize.Next time please make sure you have a complete grasp and understanding of what is going on before you lecture me about “Filipino pride”.You want me to accept that Filipinos are scandalous?Filipinos are bad?All of us?A lot of us thinks foreigners are gold mines?A lot?I pity those who genuinely smile at him,they have been judge already.
Having a sense of dignity and national pride doesn’t mean we Filipinos are condoning the corrupt practices in our country,it doesn’t mean we are blind,it simply means we Filipinos love our country.Di ba maski gaano kapangit o gaano kasama ang mga anak natin o mga magulang ,hindi tayo papayag na lokohin sila o alipustahin dahil mahal natin sila pero gagawin natin ang lahat para mag bago sila?So please,spare me,you will never understand where i am coming from.There are more important things in your life you should attend to than ridicule me for my stand.
and please sheldon,stop attacking me here.This is not my blog.I am just a visitor here.Mr. Abe have been kind enough to let my comments pass through.I am embarrassed already that I am causing a stir at his own blog.So if you cant be a graceful visitor of our country,at least have some respect for Mr. Abe’s site.Stop attacking me here.Your endless attacks and harsh name calling will never make me budge.Why do you delete our comment at your own blog and then post your unending tirades against me here?
I appreciate the honesty Christian, but you know it was only ever ‘false pride’ since no legitimate pride is collective. Yeh you can contribute to a group, but pride comes from your contribution, your efficacy within the group, not from merely belonging.
I would also suggest that the value in honesty recognising comes from not just acknowledging truth but differentiating the fiction from fact. If there is any fiction in what I say, why not raise in. That is where the growth lies. If you reflected on the everyday conversations of Filpinos you would find a contrast, if you reflected on the way Westerners & Asians communicate, you would find a contrast. Look at the implications. The ideas you convey in speech says something about your thought process. It might be worthwhile considering the depth of the content. I recognise that there is bad thinking in the West and ultimately it depends on the individual. The economic success of any country conveys some information, so do the quality of relationships, etc
Lulu, there is some truth to what Brian and Andrew are saying. That’s why it hurts us. If they said that we ride elephants and swing from trees, we wouldn’t care because there’s no truth to it. Sometimes we get caught up in so-called “Filipino pride” that we get blind.
Thank you Yuga!
Lulu, i said all that, I also made it clear that I was referring to particular Filipinos, not all Filipinos. How dishonest of you to imply otherwise.
In the USA you probably have a 10x higher probably of being mugged by a black person. That does not mean that all blacks are intent on mugging you. Though how could I blame them.
The intent of the blog post is to identify the reasons why Filipinos have a higher propensity for delusion, crime, dishonest, in fact the values you are not conveying. That you for proving my point. See http://polly-rage.blogspot.com. You dont realise this but actually logic is based on generalisation and differentiation.
Lulu – you are an idiot.
na caught as spam daw po yung reply ko.help po please?haba pa naman nun.thanks!
Hehehe!Sheldon,why dont you ask Mrs Aurora yourself or better yet ask yourself,you have a shameful life,you can easily figure out the answer to your own question.
THE GREAT ANDREW SHELDON SAID:
“A lot of them smile like I’m someone’s desert, like I’m someone’s ticket out of the country. I’m told they have a special respect for foreigners, but no. I think its more like relish. So I get the sense that they feel they have been dealt a bad hand by being born ‘Filipino’ and they relish the opportunity I present. If not as a boyfriend, then as a sponsor for a visa, a free 2nd hand computer, advise on immigration, a little generosity. Some are more tactful than others. Some are very patient.”
“So why do I suggest Filipinos are so bad? Well Filipinos are very affable people, very easy going, so very easy for some people to take into their confidence. It is afterall how they live their lives, ‘in each others pockets’. That’s how they live their lives.”
“5. Are Filipinos among the most scandalous people in the world. Actually I think so”
SOME WORDS OF WISDOM YOU GOT THERE MR. SHELDON.
I see your way of thinking is just enclosed on “Brian haters=definitely DJ and Co.”
Your views in life are narrow indeed.
Suit yourself Mr. Sheldon.
Pasensya na po Yuga,dito pa ako nag kakalat.Gusto ko kasi mga views mo kaya napadaan ako and left a comment.Kaso mo may isang austaliano dito na nagagalit sa akin,pasensya na po.
Yeh right Lulu… we know you are really DJ’s mother. Deluded women. Wake up to yourself spreading lies. You’re reputation suxs right now. How will you ever live..in shame :)
Hey Mr. “All Filipinos are opportunistic i hate them but Im still staying in the Philippines because I make money here” look at this,Brian’s desperate attempt to cover up his comments on that slip about “Boracay people loving” comment,Brian obviously forgot to log of from his account.I told you!Di ba?I wasn’t making up a story to discredit him.And you have to face the reality that there are other people who are already disgusted with your friend Brian Gorrell.
Brian said…
Readers, I can’t cut and paste comments from e mails to this board.
Please don’t be afraid to leave a comment. js and hr.
My group on Bora…. this means you.
You can’t be traced if you use the internet shop at d mall. Please don’t worry.
Brian.x
April 28, 2008 7:31 PM
will Jessica Soho’s be accountable too? it was featured last saturday in her show :D
I see ‘Lola’ is spreading the same nonsense she was spreading on other sites.
She is trying to imply that Brian is distorting information, but actually its Lola and her partners who are the ‘distortionists’. Appealing to Filipino ‘national pride’ (a contradiction in terma actually) with statements like “Mr. Gorrell has cross the line already,and a group of concerned Filipinos are not taking this lightly”.What these people are failing to address is the problems in the Philippines that Brian raises. They dont realise that this is bigger than Brian.
Lola saids “we are actually conducting background check on gorrell”. Well, it sounds like she is alligned with DJ’s lawyer.
He he. I see there is a person called ‘Lola’ spreading misinformation on this blog. I caught ‘her’ (maybe DJ’s mother) spreading nonsense, and you can follow her nonsense on this other blog – http://simplymanila.blogspot.com/2008/03/memoirs-of-brian-gorrell.html. It starts with my comments (by Andrew Sheldon). Looks like Lola is going to be leaving the country real soon as she runs from one country to the next. Read what I said that really pissed her off at http://polly-rage.blogspot.com.
Bring it on Lola. Lola, Looola, oh oh, Lola, oh, oh, oh, Looola. He He.
Author: Lulu
Comment:
im inviting everyone out there to share any info you know about this.Mr. Gorrell has cross the line already,and a group of concerned Filipinos are not taking this lightly.
I KNEW IT!Brian is posting comments as anonymous on his blog!I saw something like
from BRIAN:
“brian were here to support you ,boracay people loves you” next to brian’s picture tapos nag blip yung picture 9 ulit yung comment instead of 10.bwhahaha!!!huli ka Brian!
HAHAHA!!!Mr. Gorrell,natataranta na sa dami ng nagagalit sa panlalait nya sa tao ayan tuloy nakalimutan muna mag log out sa account nya bago mag post nga comment sa sarili nyang blog!
anyway,there are other Filipinos who are skeptical about him,me included,there are so many loopholes in his stiry and he has now shown his true color by ranting against Filipinos and everything about the Philippines,by the way,please visit this site so you can see what i am talking about,a lot of stuff out there about brian is posted there,we are actually conducting background check on gorrell.
im inviting everyone out there to share any info you know about this.Mr. Gorrell has cross the line already,and a group of concerned Filipinos are not taking this lightly.
I KNEW IT!Brian is posting comments as anonymous on his blog!I saw something like
from BRIAN:
“brian were here to support you ,boracay people loves you” next to brian’s picture tapos nag blip yung picture 9 ulit yung comment instead of 10.bwhahaha!!!huli ka Brian!
HAHAHA!!!Mr. Gorrell,natataranta na sa dami ng nagagalit sa panlalait nya sa tao ayan tuloy nakalimutan muna mag log out sa account nya bago mag post nga comment sa sarili nyang blog!
anyway,there are other Filipinos who are skeptical about him,me included,there are so many loopholes in his stiry and he has now shown his true color by ranting against Filipinos and everything about the Philippines,by the way,please visit this site so you can see what i am talking about,a lot of stuff out there about brian is posted there,we are actually conducting background check on gorrell.
see :http://themeanstreak.blogspot.com/
oh come on, this is the Philippines, and if i were Pres. Gloria, i would have sued all the media entities in this country, if i will have to go through the Celine Lopez, DJ Montano terror tactics..they will go after people who all wrote about them?stupid no brainer really. These will just earn them more BAD publicity and more people will believe what Brian gorell has wrote…before suing anyone, why not sue Brian Gorell instead, if they are really really keen on clearing their names.
suing bloggers by blogging about the issue? no brainer again. It’s like infringing freedom of the press and of expression, which the courts also uphold in great respect. by blogging they just report what another have said. It’s like shooting the Messenger!stupid socialites and social climbers talaga oo..magiisip isip kayo at baka lalong maniwala ang tao sa inyo na nabobo na kayo ng cocaine…
And Gloria says the Philippines is now a 2nd world country….blah
Whilst I welcome any attempt to highlight the small mindedness of ‘high society’ evidence suggests that Brian Gorrell doesn’t fall far from the tree. See my thoughts at
http://polly-rage.blogspot.com
can you send the email blog of brian for me?
Thanks for this post it is really a valuable reminder to every bloggers
How disappointing to hear it from you yuga Y_Y
you steer away from REAL ISSUES and posts all these irrelevant stuffs that wouldn’t and couldn’t help in shaping our society in a better way. All of your contents are just probably some copy-paste from REAL WRITERS that I don’t even imagine you being able to afford any of these stuffs that you write.
You chose silence because you don’t care, you don’t care for our country and for our people. But when it comes to politics e bakit hinde ka rin umiiwas? Good luck on your writings about all these gadgets that continues to evolves while trashing our planet and sucking out all of its resources.
Thanks for dropping by at my blog, or somebody else did, made me aware of this situation.
I blogged about this topic because I saw it on the news last night on ABS CBN TV Patrol.
If the bloggers who just posted links pointing to the blog and describing Gorrell’s work be penalized then it is unfair. What are they gonna do then to ABS CBN who broadcast it last night to the whole nation and to the rest of the international community?
Also, can u please check my post about this if it is legally liable or not.. Thanks here is the link:
http://istaylsugbo.blogspot.com/2008/04/scam-exposed-by-blogging-brian-garrell.html
I read about this guy from a newspaper both national and international. He has really gained fame out of his blog. Even the giant international TV networks got interested with his story. Anyway, one thing that made me interested about this story is the involvement of his Filipino boyfriend. Pinoy nanaman ang co-star sa istoryang ito.
Yuga, you’re not doing your assignment!
Entry posted on March 12 by Yuga.
——————————
I’m amused with people who speak their mind and exercise their freedom of speech whether or not they’re correct, morally upright, or just plain misguided. At least, they stand and own up to their words.
In the case of Malu Fernandez’s recent article in Manila Standard {via Connie}, I think because of her previous experience with the alleged “internet mobâ€, she knows controversy can draw a lot of traffic.
You have to give it to her. She knows this piece with get tons of flak. What’s a single article in exchange for hundreds of raw back links and millions of page views? ShoeMoney and Jason Calacanis became top bloggers and master link baiters because of their controversial stance on sensitive issues.
And, for an online commercial publication like the Manila Standard, that traffic can be converted to ad revenues.
So, as early as now, I’d like to nominate Malu Fernandez as the 2008 Master Link Baiter. Let’s see how much raw links and page views MST will draw in after all these pans out. Besides, her previous scorching encounters didn’t leave her with 3rd-degree burns — she’s still writing for the newspaper, right?
And I’m even beginning to think she’s secretly doing freelance SEO for the publication.
——————————
By the way, who called you “YUGA†or self-proclaim YUGA of the Philippine Blogosphere? NO CREDIBILITY! AD REVENUE MATTERS!
What a shame is people actually believe Brian Gorrell and his scandalous blog and indulging themselves with an overdose of crab mentality. There’s no objectivity anymore!
you praise malu fernandez for speaking her mind regardless yet you see this blogger in another light. how come? justice for BrianG!
Talk about shooting the messenger. Abe just reported what some third party lawyers (albeit invited by a Lopez-owned company) are saying in a panel discussion and people are then attacking Abe and his income? Tsk, tsk, tsk.
somebody tape it and upload to youtube!
Have you seen this?
http://youtube.com/watch?v=LMXeVhxHNFQ
from google:
Media In Focus is aired every Thursday,
6:00 PM, on ANC,
with replays on the same day at 11:00 PM
and on Saturdays, 6:00 AM and 5:00 PM.
Yuga’s now a nominee for the
“Master (link) Baiter”
Award for 2008!!
go yuga! boo malu!
https://www.yugatech.com/blog/blogosphere/malu-fernandez-gunning-for-master-link-baiter-of-the-year/
what time is the show going to air?
and i agree with my friend spanx that it should have aired live and with interaction via the net and call in questions.
“I tried to steer away from it because of its libelous nature. Obviously, tens of thousands of people are visiting this Australian guy’s blog…â€
Steer away? Ok, being libelous in nature or brouhaha as you or the lawyers called it, you steer away your attention but the next morning because of tens of thousands of people visiting the said blog, you made an entry about Brian Gorrell, in a form of media mileage, publicity.
You decided to make some entry because you are invited to a panel debate on social and legal implications of this observable fact? Don’t get the point.
You know people will react. Now, you got a piece of the action and Brian Gorrell retort, another Google Adsense income?
Ouch! I did!!!! Couldn’t resist :D
I think everything just stops if someone pays the money he owes. But I guess hiring lawyers and paying people to do the dirty work in the Phils. is way cheaper than paying up a measly 70k AUD.
Yuga,
Your article is in Brian’s blogspot now hahahaa…I won’t post the link but I think you should check it yourself :)
sam
“but try to read beyond abe’s minefield of grammatical error scribble he passes for an article and you’ll quickly realize that it’s a nothing more than a scaremongering maneuver! of course, not without nice incentives, cos that’s how abe sustain his indulgent for greasy junk food”! is this libel? this is from the comment section of that blog.
Drew, maybe not google but take a look at this blogger
http://www.shoemoney.com/2006/09/01/shoemoneycom-involved-in-a-landmark-blog-case-slander-in-comments/
” am sorry I have to be so vague but it appears that I am going to be deposition and logs from my blog will be subpoena for use in a case where 1 person slandered another on my blog. Anyway it looks like 1 of the people is seeking damages for what the other said on my blog.”
I once received a subpoena for a slanderous comment in my blog but since the case was outside the Philippines, I didn’t have to comply.
Google won’t delete the blog.
See thegutterpost.blogspot.com for the edison chen scandal.
the hk, chinese, singaporean, taiwanese and japanese governments already got involved to no avail.
this scandal has gone out of proportions. i’m not sure if google or blogger is in the position of deleting brian’s blog. plus, which country’s jurisdictions shall apply?
Any defamatory imputation is presumed to be malicious, so malice doesn’t have to be proved at all.
As for truthfulness, here is the relevant article from the Revised Penal Code:
Art. 361. Proof of the truth. — In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted.
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.
In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted.
I hereby nominate Abe Olandres as linkbaiter for 2008.
yuga,
mea culpa, mea culpa.
i didn’t realize that this issue hit so close to home.
what an interesting (online) world we live in!
Guys, you might want to read up on the Wikipedia article on Defamation (http://en.wikipedia.org/wiki/Defamation) which includes slander and libel. Like what Luis said above, “in some systems, however, notably the Philippines, truth alone is not a defense.”
But you think libel laws are bad in the Philippines? Then read the same article on Wikipedia and look up Singapore. Apparently, even if there’s no malice involved, you can get convicted there.
Reporting of Facts – are those reporting the facts fair in their reportage? Are all sides of the story been threshed out and given the same amount of “air time”?
I guess what I’m driving at, from a perspective of a person who has been dragged into a libel case for ridiculous reasons, is the idea of not getting all these “questions” be a cause for someone else to be sent a subpoena.
True, fat chance that a libel case can succeed. But that’s not just the point — are the people who involved themselves willing and have the money to get involved once this goes to the courts?
In the courts, everybody loses because everybody spends for their lawyers and waste time to attend hearings that drags for years.
All these issues or questions will never be settled until a judgement has been handed down. Question is, who wants to be the pawn and test out the waters?
just goes to show what kind of country and government we live in.
“How on earth would mere linking to his blog be libelous? ”
My husband (a lawyer) is of the opinion that linking is not libelous but agrees that quoting portions of a libelous entry may not be a good idea.
> If the “truth†constitutes a crime, it can be used as a defense if the act has no malice.
By “act” I meant if the libelous act was proven to have no malicious intent.
Again, scare tactics.
@noemi: Snooping for all the commenters’ ip addresses raises serious privacy issues. Google did not give in to the FBI before, they will certainly not give in to the NBI for this petty case. The blog probably has thousands of anonymous comments by now. It’s simply not feasible.
@yuga: Let me make some clarifications:
> according to Revised Penal Code, only Public Officials not public personalities. The stories are about their privates lives still.
Only if the article was made in good faith. If it is tainted with malice or ill will, then that amounts to libel, whoever the defamed may be.
> linking to the blog is akin to helping spread the allegations or libelous accusations.
Linking alone is not tantamount to libel. Again, scare tactics.
> in some cases, the truth can be used as a defense, but if only they are taken from a court proceeding.
If the “truth” constitutes a crime, it can be used as a defense if the act has no malice.
There is no legal precedent that has convicted a blogger of libel. But I’ll have to say that Disini has effectively scared the sh*t out of bloggers from talking about this issue.
now you are getting a beating in the comments section of the infamous blog. Check it out.
How on earth would mere linking to his blog be libelous? I think it would depend on how the blogger treats the issue.
That is just sooo Gestapo.
I’m not a lawyer, but from what I’ve learned in school, online, and pretty much in life, here are my two centavos:
I don’t quite understand how the four things you mentioned (mentioning names, posting pictures, publishing the URL of the blog or linking to the blog, and quoting a libelous sentence on the blog) can get bloggers in trouble, especially if what they are doing is simply reporting the facts. In this case, the fact is that somebody is making libelous statements on a blog.
What could those bloggers be charged with? I don’t think it’s libel. The four requirements of libel are:
(a) it must be defamatory;
(b) it must be malicious;
(c) it must be given publicity; and
(d) the victim must be identifiable.
C is accomplished simply by the fact that blogs are online and viewed by others, while A & D are covered by the actions you mentioned. The thing is, how do you prove malice?
Of course, in Brian Gorrell’s case, I think he’d be in trouble in Philippine courts. Reading further down in the same article, we learn that:
“Truth then is not a defense, unless it is shown that the matter charged as libelous was made with good motives and for justifiable ends.”
Yes, I can sympathize with Brian and his sad tale, but I don’t quite see “good motives” and “justifiable ends” in his actions.
Outside of Philippine law, you’ve got the EFF’s view on defamation or libel which gives the following requirements:
1. a publication to one other than the person defamed;
2. a false statement of fact;
3. that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
4. If the plaintiff is a public figure, he or she must also prove actual malice.
Still in the EFF article is their view on how truth affects the defamation or libel claim:
“Yes. Truth is an absolute defense to a defamation claim. But keep in mind that the truth may be difficult and expensive to prove.”
This is where Brian might find his legal refuge, particularly because he isn’t in the Philippines. He does have truth on his side – just not quite in the Philippines, unfortunately.
As for the rest of us bloggers, the EFF article continues:
Many jurisdictions recognize a “neutral reportage” privilege, which protects “accurate and disinterested reporting” about potentially libelous accusations arising in public controversies. As one court put it, “The public interest in being fully informed about controversies that often rage around sensitive issues demands that the press be afforded the freedom to report such charges without assuming responsibility for them.”
I’m still not quite sure how Philippine laws will apply, but I think this gives any bloggers “reporting” on the events some refuge.
I think I’ve said more than two centavos worth there, haven’t I?
Abe, he has written a new post pertaining to THIS blog post.
@MiGs, we asked the same questions to Atty. Disini and here’s what we got:
– according to Revised Penal Code, only Public Officials not public personalities. The stories are about their privates lives still.
– can raise privacy issues
– linking to the blog is akin to helping spread the allegations or libelous accusations.
– in some cases, the truth can be used as a defense, but if only they are taken from a court proceedings.
I wasn’t in the legal panel. JJ Disini explained that part more clearly.
I know who wrote that Wikipedia entry.
Not really interested in this “controversy.”
> Publicly mentioning names of people being exposed in the blog.
– ummm aren’t public figures?
> Posting pictures of the people being named by Brian Gorrell in his blog.
– same as the first one
> Publishing the URL of the blog or linking to the blog.
– Haven’t the court heard of link exchange? and maybe another arguement would be that “its good for business – internet marketing, seo” yah no…
> Quoting a libelous sentence on the blog or re-publishing/summarizing allegations thereof
– not if you’re after the truth. Like.. “Brian said that celine uses drugs.. i have tried to get the reaction of celine to clarify the issue but she can’t be reached” or “Celine, this blog is open to hear your side of the story”
@Eliza, I’m no lawyer so I cannot expound on the legalese of the issue. All I do is trust the advise of my lawyers.
@spanx, it was an advise from their legal department. Even if we did, it would have been deleted from the recording as ANC will be ultimately liable for airing it.
I’ve been battling a libel case myself for over a year now, even though I know I didn’t do anything wrong, it was a costly waste of judicial exercise.
Let’s face it, in the Philippines, battling libel is not about freedom of speech or ruining reputation. It’s about who has influence and connections and who has tons of money that can last a lengthy and costly court hearing.
I should know. It blew a hole thru my pocket. My last 2 libel cases got me sleepless nights and a burned savings account.
think about this guys..who owns ANC or ABS-CBN?
may i ask what timeslot media in focus will be on thursday? type ko siya panoorin.
the show should have been aired live, not taped, to allow more participation and inputs from bloggers, who are directly affected by what is essentially,
AN EFFORT TO MUZZLE FREE SPEECH ON THE ‘NET.
the issue isn’t just about Brian, yuga.
trite as this may sound, it’s about using threats and outdated laws to control the new media, the blogs.
“…We tried real hard not to name names or mention the blog.”
I’m really sorry to have to say this,
but the statement above sounds like a total
cop out from you and the other guests…
“@asdix, in the Philippine courts, even the truth is not a defense against libel. Atty. JJ Disini explained this during the show. Watch him on Thursday.”
Another simplistic statement.
Truth IS a defense for the accused against libel if :
1. The accused imputes to the offended party the commission of a CRIME, and such offended party is a private individual (not a public officer).
2. The accused imputes to the offended party a vice, or or any act that does not constitute a crime with respect to facts related to the discharge of official duties of a public person (public officer).
Truth IS NOT a defense if the accused imputes to the offended party a vice, defect, or act other than a crime and the offended party is a PRIVATE INDIVIDUAL.
Oh freedom of speech. How dear you have become. Only a few can afford you. Mabuhay ang Pilipinas.
“What other bloggers who have been religiously covering this issue is that they’re also accountable about the spread of such libelous acts and can be held liable in Philippine courts.”
I think this is just too simplistic a statement. There are factors, other than the publication of the libelous material, to consider before one can be charged or found guilty of libel.
Yeah, I agree. Scare tactic.
“Who knows the parties involved will spring a surprise?”
Don’t think so. The last thing they want is make more enemies. Money? Everyone’s got money, and a lot of lawyers will be ecstatic defending against these people’s legal attacks.
They are on their way down unless they can get the people’s sympathy on their side. The ball is on Gorrell’s court.
I think it’s impossible for google to shut this site down. How can one explain the notorious Edison Chen pornography scandal that are hosted on google sites?
@noems, yes, I heard about the influence and reach of these people and I know how their monies can stretch the arm of the law.
@brian, we were advised by ABS CBN Legal department to avoid mentioning those names on TV. It’s good that it was taped so they could edit it before airing.
@asdix, in the Philippine courts, even the truth is not a defense against libel. Atty. JJ Disini explained this during the show. Watch him on Thursday.
how can the truth become libelous? lol
i think, it’d only be “slander” if and only if the author, publicly maligns the subject using false accusations, in gorell’s case. He had all the proof he could ever want.
@ BrianB
I’ll let you judge for yourself. For one to be called libel, there must be: defamation, publication, identification of person defamed, and malicious imputation.
:)
Yes I know that blogging about the names/people mentioned are libelous that’s why I never blogged about it. I know others tackled the legal issues involved which is good.
even the anonymous commenters are liable if they made slanderous comments. They think they are anonymous. Wait till there is a court order requesting for those IP numbers.
Who knows the parties involved will spring a surprise?
Heard about it but never really visited the blog. I have better things to do than read about other people’s personal issues. It’s like I could do anything real about it.
It’s just sad that it had to be like this.
Coke, Celine, Coke, Lopez, Delfin, Coke, Montano, DJ, Yap, Tim, Phil star,
Cocaine, philstar, philippine star, celine…
Tinio, Lopez. Gucci, crespo, gang of socialites, manila socialites, cocaine. Montano, epperson.
Is the above libel?
Scare tactics. This stuff is newsworthy. As long as the article doesn’t have malicious intent, the Inquirer can name all the names they want. But I guess their owners and some columnists might get upset, so…
What does it mean for Victor Agustin who covered the saga on Cocktales and Manila Standard Today, with names, URL, etc?
http://www.cocktales.com.ph/not-so-gay-parade/
http://www.cocktales.com.ph/hell-hath-no-fury/
@Pacute – You can just search teh name of Google, I’m sure it will appear of 1st page…
I really think that the libel/slander law in the Philippines needs to be reviewed. Only the imputation of malice is enough to convict you regardless of whatever you say is true or not.
On a different note, Wikipedia already has a nice article about the controversy. Do a Google search on “brian gorrell wikipedia.” The whole content of the article is sourced and attributed to various articles and websites.
May I know the url of his blog?