The Brian Gorrell Story on Media in Focus

May I know the url of his blog?

@Pacute – You can just search teh name of Google, I’m sure it will appear of 1st page…

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…

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.

@ 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.

:)

“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.

Oh freedom of speech. How dear you have become. Only a few can afford you. Mabuhay ang Pilipinas.

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trite as this may sound, it’s about using threats and outdated laws to control the new media, the blogs.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…

think about this guys..who owns ANC or ABS-CBN?

> 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”

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?

now you are getting a beating in the comments section of the infamous blog. Check it out.

> 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.

just goes to show what kind of country and government we live in.

I hereby nominate Abe Olandres as linkbaiter for 2008.

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?

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.

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

Ouch! I did!!!! Couldn’t resist :D

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.

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.

somebody tape it and upload to youtube!

you praise malu fernandez for speaking her mind regardless yet you see this blogger in another light. how come? justice for BrianG!

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 mob”, 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!

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

Thanks for this post it is really a valuable reminder to every bloggers

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

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…

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.

will Jessica Soho’s be accountable too? it was featured last saturday in her show :D

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 :)

na caught as spam daw po yung reply ko.help po please?haba pa naman nun.thanks!

Thank you Yuga!

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, 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.

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 http://www.sheldonthinks.com.

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?

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!

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