Article 354Requirement for publicity
ELI5— what this means for you
Every defamatory imputation is presumed to be malicious — even if true — unless the accused proves it was made in good faith with justifiable motive (e.g., a fair comment on public figures or a qualified privileged communication).
Official text — Act No. 3815
Requirement for publicity.
-Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:
1. A private communication made by any person to another in the performance of any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.
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