DEFAMATION: Reckless disregard of truth or falsity of statement

Malice is a term used to indicate the fact that the offender is prompted by personal ill-will or spite and speaks not in response to duty, but merely to injure the reputation of the person defamed; it implies an intention to do ulterior and unjustifiable harm. It is present when it is shown that the author of the libelous remarks made such remarks with knowledge that it was false or with reckless disregard as to the truth or falsity thereof. (Brillante vs. Court of Appeals, G.R. Nos. 118757 and 121571, 19 October 2004, 440 SCRA 541)

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