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Your honor, may I please this court. I am Marc Gretel R.

Madanguit counsel for the respondent, Turustein government vis--vis the Prime Minister and the Vice Prime Minister. The respondent would like to stress out the main point of its argument which would consequently lead to other minor issues and considerations. In the end, it would like to give credence to the prosecution and conviction of the applicants TTV and Tanja Trotter for defamatory and insulting allegations towards the respondent. To review some important facts of the case, TTV through its website hosted an article criticizing and accusing the respondents in the construction of large scale organized fraud. Further, a cartoon was subsequently posted showing the elicit relationship of the Prime Minister and the Vice Prime Minister. Your honor, our criminal law defines defamation as any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. In the case at bar, it is quite obvious that the information alleged by the article and the poster cannot stand on its shoes. Aside from the fact that its authors are unknown, there are no clear facts to support its claims. Further, the intentional exposure of these documents irrespective of its anonymity creates overwhelming disrespect and disregard to the Government lessening the confidence it hold towards its people. Let me further support my point, a recent 2012 case decided by the supreme court by one Michael Trkulja against Google, Inc. presents similar factual evidences such as it involves publication of certain materials considered to be defamatory in character. While Google argued, as it has in the past, that it's not responsible for offensive material that other people host on the web, the judge in the Trkulja case says that Google's search product is the result of computer programs, those programs were written by human beings who controlled their behavior. Which lead me to my point, that the anonymity of the authors of the article and the cartoon posted are irrelevant to consider it defamatory. TTV being the host of the website controls the information therein and are therefore responsible for anything it came hosted. Let me explain further by taking into consideration the rights granted by the International Convention on Civil Political Right specifically Article 19. While paragraphs 1 and 2 provides for the right of the individual for freedom of opinion and expression, paragraph 3 provides for its limitations and is therefore subject to certain restrictions such that there must be respect of the rights or reputations of others and the protection of national security or of public order or of public health or morals. Given these restrictions, it cannot absolutely free applicants TTV and Tanja Trotter from liability arising from their defamatory actions by invoking as a defense the said Article. Therefore, the Turustein government represented by the Prime Minister and the Vice Prime Minister are in their right position against TTV and Tanja Trotter.

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