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INTRODUCTION

Good evening!

The principle of legality is a core value, a human right but also a

fundamental defense in criminal law prosecution according to which no crime

or punishment can exist without a legal ground. Nullum crimen, nulla poena

sine lege is in fact a guarantee of human liberty; it protects individuals from

abuse and unjust interference, it ensures the fairness and transparency of the

judicial authority.

Is internet libel a punishable act? Is there any offense or penalty

provided by for it?

Generally, libel is a crime punishable under the revised penal code. It is

committed by anyone who maliciously and irresponsibly circulate a statement

imputing against another some baseless and ungrounded infamous, shameful

and disgraceful professional and personal attributes which has necessarily

ruined petitioners good name and reputation as a member of the society and

as a person.

The law is very specific that libel can only be committed by means of

writing, printing, lithography, engraving, radio, phonograph, painting,

theatrical exhibition, cinematographic exhibition or any similar means. The

medium of internet is not expressly mentioned among the means specified in

the law and it does not qualify under the general provision or any other

similar means.

DISCUSSIONS

LAW particularly criminal law is an exact science that's why laws are

written in such convoluted language, to make it absolutely clear what the law

means, with no ambiguity. The manner the law is used shall adhere to those

crimes, modes, methods and penalties imposed therein at the time and date

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of its effectivity unless repealed or subsequent enactments in order to update

existing laws to keep abreast the development in technology.

Article 1 of the Revised Penal Code speaks of the Time when Act takes

effect. It provides that the Revised Penal Code shall take effect on the first day

of January, nineteen hundred and thirty-two, thus, the law penalizes the

crimes committed in accordance to the expressed and general provisions of

the law at the time of its effectivity.

Under Article 355 of the Revised Penal Code provides that libel is

committed by means of writing, printing, lithography, engraving, radio,

phonograph, painting, theatrical exhibition, cinematographic exhibition, or any

similar means, X X X.

The phrase or any other means under Article 355 does connotes all

other methods or manners of attributing malicious remarks that constitute

libel.

The code has been roughly a century old since its effectivity. Obviously,

the means referred therein are that that were on hand and does not qualify to

include those were not yet determined. Computers were in its inception phase,its used or application was nonetheless hopeless. Clearly, the use of computer

was not likely to contemplate the intention of the framers of the law to qualify

under the phrase or any other means of said Article.

The law should be construed in its factual sense so that it will not

obscure the real intention of the law as the intention of its framers is the spirit

of the law. The law requires enactment for the opportunity to include other

means that are consequence of the development in technology.

CONCLUSION

No one shall be held guilty of any penal offence on account of libel

committed online because under the law, it does not constitute a penal

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offence up to now. Nor shall a heavier penalty be imposed than the one that

was applicable at the time the penal offence was committed.