Practice question
An author publishes a defamatory factual accusation about a public official. The fact finder establishes that the author actually entertained serious doubts about its truth, had a high awareness of probable falsity and published with the requisite reckless disregard. All other applicable elements are proved and no defense applies. The author argues that only an express admission of known falsity can establish actual malice. Which is best?
- Actual malice can be established through the proved reckless-disregard alternative and is not limited to an express confession of knowledge
- Only a signed confession can prove any mental element
- Public affairs create categorical libel immunity
- The official must prove the author disliked the official’s clothing
- Reckless disregard can never concern factual falsity
Legal references
- Disini v. Secretary of Justice, G.R. No. 203335 et al., February 11, 2014, main decision: https://lawphil.net/judjuris/juri2014/feb2014/gr_203335_2014.html
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