SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

National Highway, Crossing Rubber, Tupi, South Cotabato

ETHICS FOR I.T. PROFESSIONALS

with Legal Aspects in Computing

___________________________________________________

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 1 of 9
 LEARNING MANUAL
FOR
IT 223: ETHICS FOR I.T. PROFESSIONALS
_____________________________________________________

WEEK 8-9

COURSE OUTLINE

COURSE CODE : IT 223

TITLE : ETHICS FOR I.T. PROFESSIONALS
TARGET POPULATION : All College of Information Communication Technology Students
INSTRUCTOR : MR. Franklin R. Tamayo, MIT

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 2 of 9
 THE BLOGGER'S FREEDOM OF EXPRESSION AND THE LIBEL LAW
INTENDED LEARNING OUTCOMES
At the end of this chapter, the student is expected to:
 Defend his rights to freedom of expression as well as to make or design his own blogs;
 Recognize the limitation of his right to free expression;
 Discuss the tests in which a subsequent punishment may be allowed for a person who has abused his right
to free expression.
 Be familiar with the libel law and its elements;
 Memorize the elements of defamation;
 Argue or judge whether a particular exercise of free expression constitute libel and/or defamation;
 Interprets a libelous statement, and
 Conclude whether or not e-libel is included or within the sphere of libel.

INTRODUCTION
With the emergence and popularity of blogging as a new form of expression, the coverage of defamation
laws has extended to cyberspace. The consequence is that, people who are adversely affected by writings in this
medium is bringing lawsuits to protect their name and reputation. While the Philippine Constitution protects
bloggers' right to free speech and expression, this does not give them unfettered license to write to the detriment of
others. This Chapter discusses the person's right to free speech and expression while respecting the person's honor.

A blog is a type of website usually maintained by an individual with regular entries of commentary,
descriptions of events, or other material such as graphics or video.

This chapter aims to equip the reader relevant knowledge to supplement his skills in determining whether or
not a certain form of expression is within the scope guaranteed by the Constitution. This way, as he practices his
profession and/or rights through blogs, he can avoid the necessary expenses of litigation.

Bases of the Guarantee of the Right of Freedom of Expression

Both foreign and local jurisprudence recognized that there are two (2) Philosophical bases for the guarantee
of this right thus:

1. Discovery of truth (free market of an idea).

The freedom of expression is essential for the search of truth. This is the marketplace of idea which posits
the power of thought can be tested by its acceptability in the competition of the market. When men have
realized that time has upset many fighting faiths, they may come to believe even more than they believe the
very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas--
that the best test of truth is the power of the thought to get itself accepted in the competition of the market,
and the truth is the only ground upon which their wishes safely can be carried out. (Justice Holmes, Abrams v.
United States, 250 U.S. 616. (1919). The theory behind freedom of expression is the principle that ours is a
democratic society, and so the only way to rule ultimately is by, means of public opinion, which is possible only
when everyone can speak their minds out and compete in the free market place of ideas.
2. For self-government
it is the people who have chosen directly or indirectly the person who will govern them, the scope of
the guarantee is broader when people criticize public officials. Thus, in the case of US vs. Bustos (37 Phil.
731), in which the defendants were charged with libel of a public official for statements made in a petition
for his removal addressed to his administrative superior, Mr. Justice Malcolm, writing the opinion of the
Court, said:

Public policy the welfare of society, and the orderly administration of government, have demanded
protection for public opinion. The inevitable and incontestable result has been the development and adoption
of the doctrine of privilege."

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 3 of 9
Scope of the Freedom of Expression
The Philippine Constitution provides that "No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and petition the Government for
redress of grievances." (Art. III, Sec 4, Constitution). But how can we determine the scope of this expression?

1. Freedom from Prior Restraint or Censorship

Prior restraint means official governmental restrictions on the press or other forms of expression in
advance of actual publication or dissemination. To illustrate, imagine that you are a blogger, if this element
of the freedom of expression will be eliminated, you have to seek first the approval of the government
before you can express yourself through the internet. The same holds true for all writers or authors of a
book notwithstanding its noble purpose. People will become wary of reading the newspapers because to
their mind, it has been subjected to the approval of the government and hence, the truth has become
evasive.

2. Freedom from Punishment.

The freedom from prior restraint would be set at ught if the citizen would hesitate to speak for fear
of vengeance that he might suffer against the officials he criticized. Thus, in Villar vs. Technological Institute
of the Philippines (135 SCRA 706), SOME students were barred from re-enrollment because they had
ALLEGEDLY participated in demonstrations. Relief was given to one student who had complied with the
academic requirements of the school. The SC held that students who failed mostly in their academic subjects
were denied enrollment because TIP, in the exercise of its academic freedom has the right to set academic
standards and determine under what circumstances failing grades suffice for the expulsion of students.
"Once it has done so, however, that standard should be followed meticulously. It cannot be utilized
to discriminate against those students who exercise their constitutional rights to peaceable assembly and
free speech. If it does so, then there is a legitimate grievance by the students thus prejudiced, their right to
the equal protection clause being disregarded."

LIBEL
Libel is punished by our Revised Penal Code which states:

Art. 353. Definition of libel. - A libel is public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Art. 354. 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.

Art. 355. Libel means by writings or similar means. - A libel committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall
be punished by prison correctional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or
both, in addition to the civil action which may be brought by the offended party.

Strictly speaking, Art. 353 is referring to defamation in general or slander which came from the Spanish text
"defamation" and which was translated in the English text as "libel". The crime "Libel" is defined in Art. 355. Thus a
good definition of libel should be: Libel is a defamation committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means.

Reasons for Punishing Defamation

The bible said that "A good name is to be chosen rather than great riches. (Proverbs 22:1). In Proverbs 19, it
says, "Better is the poor who walks in his integrity than one who is perverse in his lips, and is a fool. In this sense, I

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 4 of 9
am applying the Divine Command Theory under the premise that the reader is a Christian.

Elements of Defamation
A person may only be convicted of an offense if all the elements of that offense are present. If one is absent,
then the accused must be acquitted. For a person to be convicted of defamation, the following elements should be
present.

1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstance.
2. The imputation must be made publicly.
3. It must be malicious.
4. The imputation must be directed at a natural or juridical person, or one who is dead.
5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed.

Meaning of Publication
Publication does not mean that the defamatory statement should be published in the newspaper of general
circulation, televised in national television, neither by refereed lSl journal, etc. There is publication when the
communication of the defamatory matter 1s made to some third person or persons (People vs Atenci0, Dec. Or 14,
1954). e Thus, if Juan sent a letter to Pedro which reads: "Pablo is a thief", this is sufficient e publication.

Identification of the Party is Required in the 4th Element

A blind item writer cannot be guilty of libel, as long as the person defamed cannot be identified. Thus, if the
blind item states: "The wife of the pound for pound king.” Although the name is not expressly mentioned, the
person can be easily identified, so the writer may be liable.

General Rule:
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,

Exception:
Except in the following cases: (This is the exemption to the general rule; here malice is NOT presumed)
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.

Libel in the Internet

Arter reading the necessary materials pertaining to an individual’s right to freedom expression and the libel
law, we are now ready to study its application using the internet as its medium. Let us start our study with the
following scenario.

A Real Life Case Problem

Anna is a brilliant IT student of SEMANTICS COLLEGE, located at the Municipality of SYNTAX, Province of
LEXICON. Anna designed an internet Website to provide a forum wherein her schoolmates may express their
positive and negative comments for or against their teachers, co-students as well as officials of the school.

During the first two semesters, the site received positive comments, giving praises, gratitude, and
appreciation to teachers and officials of the school.

Gina, a graduating student of BSIT failed in her final oral defense for her Capstone Project II and hence,
cannot join the graduation rites in April 2012. Gino, on the other hand, was NOT allowed to take his FINAL EXAM for
the reason that he has no PERMIT to take the said exam due to his failure to pay his TUITION FEES.

Gina and Gino, due to their sad experience, posted negative comments against their instructors and the
school respectively on the site designed by Anna, thus:

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 5 of 9
 Gina: "I think I was treated unfairly by the panelists! Ang hirap ng topic ko samantalang ung iba, simple lang
pero PUMASA. Tanung ng tanung di naman nagsusugest"

Gino: "Nangunguwarta ang SEMANTICS COLLEGE! Against sa CHED MEMO ang NO PERMIT NO EXAM
POLICY! MGA GANID ANG MAY-ARI NG SCHOOL! SA MGA GRADUATING HIGH SCHOOL STUDENTS, WAG KAYO MAG-
EENROLL DITO!"

Dennis Gosling, the VP for Administration through the OSA head, James Richi filed a case against Gino, Gina
and Anna for maligning the integrity of the school. They want these students to be suspended, and if possible be
expelled!

Dr. Nicklaus Wirth, President of the SEMANTICS COLLEGE, being aware that you have enough knowledge
about the legal aspects of computing, appointed you one of the members of the committee that will adjudicate on
the said case.

Libel in the Internet or e-libel is within the scope of Libel Defined in the Revised Penal code
The case of Bonifacio vs Jimenez (supra), unfortunately, was misinterpreted by some because they cite this
case to support their opinion that e-libel is beyond the ambit of Libel provided by the Revised Penal Code. According
to them since the SC had dismissed the case, it is already settled that e-libel cannot be punished in our jurisdiction. I
beg to disagree.

If will you read the full text of the case of Bonifacio vs Jimenez, it is very clear that Jimenez did not win the
case because of the wrong choice of option. If Jimenez simply alleged in the information that they are (or at least
one of the offended parties) presently residing in the City of Makati at the time of the commission of the offense,
that is enough to vest jurisdiction to the RTC-Makati and enable the latter to hear and decide the case on the merits.
The case was dismissed because RTC-Makati failed to acquire jurisdiction of the case and NOT because there is no e-
libel in our country.

Another argument is that, "at the time the revised penal code was enacted, there is no internet yet, hence,
the legislature could NOT have intended to include internet as a medium. To address this argument let us reproduce
the pertinent provision of the libel law with regard to this, thus:

Art. 355. Libel means by writings or similar means. - A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or
any similar means (big emphasis supplied).

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 6 of 9
Name: Section:
Date: Score:

ASSESSMENT TASKS 1
Faye, one of the employees of TABAKO Corp. informed his superior through an e-mail message that Seano,
President of the Employees Union is planning to commit Arson by burning the warehouse where important
equipment and supplies were stored. Seano filed a defamation case against Faye. Do you think Faye is guilty of
defamation? Why or Why not?

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 7 of 9
Name: Section:
Date: Score:

ASSESSMENT TASKS 2
Mr. Pang Ulo is the President of San Isidro Heights Homeowners Association. Since most of the homeowners
in that subdivision are multimillionaires, Mr. Pang Ulo and the homeowners maintained a Facebook (FB) wherein all
the homeowners are his friends. One day, Mr. Pang Ulo who failed to pay their monthly dues. Having felt being
demoralized, the affected parties filed a libel case against Mr. Pang Ulo. Do you think the case will prosper?

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 8 of 9
Name: Section:
Date: Score:

ASSESSMENT TASKS 3
Atty. Tabako wrote "Hari ng kapalpakan, hari ng kaplastikan" in his Twitter update, alluding to a well-known
plastic surgeon Cikie Cello. His Twitter account is protected, and therefore only people that he approved to follow
him are allowed access to his message updates. Said well-known surgeon got wind of Atty. Tabako's message,
through his friend who was following Atty. Tabako's Twitter account. Will Atty. Tabako be liable under Philippine
libel laws? Why or why not?

IT 223: Fundamentals of Database System

SOUTH EAST ASIAN INSTITUTE OF TECHNOLOGY, INC.

Page 9 of 9