Media and Information Literacy

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Legal, Ethical and Social Issues in Media and Information

Module 005 Legal, Ethical and Social Issues in

Media and Information

This lesson deals with legal issues in media and information such as
copyright and plagiarism, as well as proper netiquette.
At the end of this module, you will be able to:
1. Puts into practice their understanding of the intellectual property, copy
right, and fair use guidelines
2. Explain copyright, fair use, etc. vis-à-vis human rights
3. Demonstrates proper conduct and behavior online (netiquette, virtual
self)

Media Law and the Freedom of Expression

As indicated in the earlier lessons, media played an important role in a democratic society as
the Philippines. The 1987 Constitution had taken note of the importance of freedom of
expression, hence the Article III, Section 4 has been created:
“No law shall be passed abridging the freedom of speech, of expression or of the press, or the
right of people peaceably to assemble and petition the government for redress of
grievances.”
This, just like most of our laws, is substantially similar to the First Amendment of the US
Constitution (Viduya, 2010):
“The Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof, or abridging the freedom of speech, or of the press.”
Nevertheless, while we are given the right to freely express our opinion, we must keep in
mind to exercise this right responsibly. It is for this reason that certain limitations has been
established, ensuring that people shall not abuse freedom of expression.

What is Media Law?

Media Law is a legal field that relates to legal regulation of the telecommunications
industry, information technology, broadcasting, advertising, the entertainment
industry, censorship, and the internet and online services among others (Media Law –
HG.org, 2017).
Media law covers a lot of aspects of media, regardless of its form. Its concerns range
from Intellectual Property, Free Speech and Censorship to Defamation and Right to
Privacy.

Course Module
Intellectual Property

According to the Republic Act 8293, also known as the Intellectual Property Code of
the Philippines, the term intellectual property rights consist of the following:
 Copyright and Related Rights;
 Trademarks and Service Marks
 Geographic Indications
 Industrial Designs
 Patents
 Layout-Designs (Topographies) or Integrated Circuits
 Protection of Undisclosed Information (n. TRIPS).

Copyright

One of the biggest problems faced by those in the field of Media law are copyright
concerns. Copyright can be defined as “a form of intellectual property which protects
the rights of authors and creators of artistic works. It refers to the main act in which,
in respect of literary and artistic creation, may be made only by the author or with his
authorization” (Copyright, National Library of the Philippines website, 2011).

Copyright protects ownership rights to intellectual property and covers a lot of areas.
This can be in the form of original works and trademarks for different brands. It is also
applicable to patents for media-related technologies or processes (Media Law –
HR.org, 2017). In the Philippines, works covered by copyright include but are not
limited to the following:
 Literary works such as novels, poems and plays
 Newspaper articles
 Films and television programs
 Letters
 Artistic works (paintings, sculptures, drawing and photographs)
 Architecture
 Computer programs
 Advertisements, maps and technical drawings

The Copyright also provides two types of rights. The Economic rights give the author
or copyright owner the right to derive financial reward from his works by others. The
Moral Rights, on the other hand, refer to the author’s right to claim authorship of the
work (known as Right of Paternity) and restrain the use of his name with respect to
any work not of his own creation or a distorted version of his work.

According to the National Library of the Philippines, the general term of protection of
works under copyright covers the lifetime of the author and fifty (50) years after his
death.
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Legal, Ethical and Social Issues in Media and Information

Requirements for Copyright Registration

The following are the requirements needed for copyright registration (Copyright –
National Library of the Philippines website, 2011):

1. Application should be accomplished in duplicate, typewritten and the affidavit at

the back should be duly notarized and affixed with Fifteen Pesos
(P15.00) documentary stamp. Another set of Fifteen Pesos (Php 15.00 ) worth
of documentary stamps, should be stapled to the application form to be affixed
by the office to the copyright certificate.
2. Application should be accompanied by two (2) copies of the work as deposit, Two
Hundred Pesos (P200.00) as registration fee. If through mail, registration fee
should be in postal money order addressed to the Director, The National Library.
3. If the work applied for registration is an original ornamental
design (classification H), it should be accompanied by a technical description of
the design.
4. If the work applied for registration is published work, two (2) printed copies with
copyright notice printed in front or at the back of the title page if it is a book and
on any clear space thereof if non-book material, shall accompany the application
The copyright notice shall be in the form Philippine
Copyright 20__(year of publication) by ____________(name of copyright
owner.)
No. 8 of the application should be filled up by stating the specific
date when the work is finished and likewise No. 9 be filled up to
indicate when the work is published.
A “published work” for purposes of registration means that the
work has been disseminated to the public prior to its registration
with the Copyright Office.
5. If the work applied for registration is unpublished work, two (2)
manuscript and/or xerox copies of the work without the copyright notice shall
accompany the application.
“Unpublished work” for purposes of registration means that
the work has not been disseminated to the public at the time of
registration.
6. If the applicant is non-resident foreigner, he/she should appoint a
local authorized agent by a special power of attorney to complete the
copyright application for and in his/her behalf.
7. If the claimant is not the author, a document supporting the claim such as a deed
of assignment or a waiver of copyright ownership;
8. If the applicant is a proprietor or a corporation, a photocopy of the certificate of
business name or SEC certificate (whichever is applicable) should be attached to
the application.

Course Module
Plagiarism
Another issue that related to intellectual property is plagiarism. Plagiarism is
generally defined as passing off someone else’s creative work as your own,
without permission (Vivian, 2010). But this issue is more serious than one
would often assume.
According to the Merriam-Webster online dictionary, the act of plagiarism can
mean any of the following (What is Plagiarism? From: plagiarism.org) :
 To steal and pass off (ideas or words of another) as one’s own;
 To use (another’s production) without crediting the source;
 To commit literary theft; and,
 To present as new and original an idea or product derived from an
existing source.

One example of this would be the issue between famous romance writer Nora
Roberts and Janet Dailey. In 1997, Dailey found herself boxed into admission
that she had plagiarized passages from Roberts, who was her rival writer at
that time. Dailey’s work titled Notorious was withdrawn by the publisher
HarperCollins because of this.
One can easily assume the plagiarism is an act of fraud, or a form of thievery,
hence it is unethical. Nevertheless, this has become one of the most
complicated issues in relation to intellectual property. For one, there is the fact
that people, particularly those in the field of media, rely heavily on other
people’s ideas and works.
There is also the fact that widespread internet access facilitate the act. Various
people on social media gain access to information and works of other people,
that it has become easier to copy or modify works and claim it as their own.

Fair Use
Generally speaking, fair use refers to any copying of copyrighted material
done for a limited and “transformative” purpose, such as to comment upon,
criticize, or parody a copyrighted work (Standford University Libraries, 2017).
This can be done without the copyright owner’s permission, hence it is often
used as a defense against a claim of copyright infringement.
Fair use follows general guidelines and varied court decisions, which makes
its definition seem vague. This is due to the fact that judges and lawmakers
who created fair use exception did not want to limit its definition – instead it
has an expansive meaning which is open to interpretation. Nevertheless, fair
use is often classified into two categories:
1. Commentary and Criticism – Fair use principles allows you to reproduce
come parts of the copyrighted work in order to comment upon or critique
it. A good example of this would be writing a book review. You may
summarize or quote parts of the copyrighted work to use in commentary
and criticism.
2. Parody – a parody is generally defined as a work that that aims to ridicule
another, usually well-known work (Standford University Libraries, 2017).
This means that parodies requires some taking from the original work
which is being parodied.
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Legal, Ethical and Social Issues in Media and Information

Netiquette
Netiquette is short for Internet etiquette or network etiquette. Simply put, this term
refers to the use of good manners in online communication. This is applicable
regardless of the online communication media used, whether it is through e-mail,
forums, blogs, and social networking sites or SNS.
The main problem with online communication nowadays is the fact that this type of
communication usually does not allow each person to see each other. This means that
they are unable to see facial expressions, body languages or hear intonation. This gives
way to misunderstanding of messages online. Netiquette was established to ensure
positive relationships and a better online environment for all netizens.

Course Module
The Core Rules of Netiquette
In her book Netiquette, Virginia Shea indicated The Core Rules which serve as
general guidelines for cyberspace behavior.
Rule 1: Remember the Human
Do unto other as you’d have others do unto you, has always been the Golden
Rule which has been taught to us since we were children. This rule also applies
in online communication. Always keep in mind that the person you are talking
to online is a human with feelings. This is something that we often forget as we
only face the screen when communicating online. If you are going to say
something online, always ask yourself: would you say it to the person’s face?
That way, you become more considerate of others when communicating.
Rule 2: Adhere to the same standards of behavior online that you follow
in real life
One of the issues regarding ethics in cyberspace is that the chances of getting
caught is sometimes slim. This is very much unlike real-life, wherein most
people are law-abiding either because they naturally are or they are simply
afraid of getting caught for misconduct.
What people must always keep in mind is that standards of behavior followed
in real life can be applicable online. If you are having an ethical dilemma while
communicating online, try to consult the ethics you follow in real life.
Rule 3: Know where you are in cyberspace
It is important to keep in mind that Netiquette varies from domain to domain.
The same way that etiquette varies from one place to another, what is
permissible in one website might be a taboo in another site. Make sure to take
a look around before you jump in to participate in online activity. A great
example would be joining in forums for certain groups. Most forums already
have their rules and regulations on what to post, as well as standards of
behavior. Make sure to get sense of how people in that forum act, and don’t be
afraid to ask about their rules and regulations.
Rule 4: Respect other people’s time and bandwidth
When it comes to communicating online, it is important to be considerate of
other people’s time and bandwidth. Not everyone has all the time in the world
to read your emails, messages and posts in discussion groups. Thus, one of the
things to keep in mind is to ensure that the time they spend reading your
messages is not wasted.
Another thing to keep in mind is the bandwidth. According to Merriam-
Webster, bandwidth refers to the capacity for data transfer of an electronic
communications system. You must keep in mind that there is a limit to the
amount of data that any piece of wiring can carry at any given moment,
regardless of what type of communication you are having with others. One
good example of this would be spamming of emails. Not only are you wasting
the receiver’s time in opening the emails, you also waste their precious
bandwidth for doing so.
Rule 5: Make yourself look good online
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Legal, Ethical and Social Issues in Media and Information

Always remember that when you are online, you’d encounter lots of people
whom you have never met before. As such, it is best to make a good
impression. And while you may not often show your face online, always
remember that there will always be people who will judge you – particularly,
through your writing.
The best way to make yourself look good online is by ensuring good grammar
and spelling. It’s best to brush up on these skills, especially when you are
always using the internet to socialize with other people. Another important
thing to remember is the content of your writing. Check your facts before
posting them online. Make sure that your message is clear and logical to avoid
misunderstanding.
Rule 6: Share expert knowledge
One of the advantages of online communication is that it allows you to gather
information from various experts on specific topics. Of course, this also allows
you to share your knowledge as well. If you’re an expert yourself, do not
hesitate to share what you know. Many people share all kinds of resource lists
and bibliographies, online legal sources to popular UNIX books. Of course, you
may write up your own research and post it. Always remember that sharing
relevant knowledge can help make the cyberworld a better place.
Rule 7: Help keep flame wars under control
Flaming is a term used to refer to the behavior in which people express a
strongly held opinion without holding back their emotion. The internet does
not forbid this, however, it does not allow the perpetuation of flame wars –
series of angry messages, mostly from two or more people directed toward
each other. It is the flame wars that often cause the destruction of a discussion
group. Remember that there are other people who are part of the discussion
group but do not want to get involved in the flame war.
Rule 8: Respect other people’s privacy
Everyone has a right to privacy. That includes the privacy in the cyberspace.
You would not want others to know what you send in your email or snoop in
your private conversations with other people. Again, remember the Golden
Rule – do not read other people’s email, or snoop into their private accounts.
Respect their privacy at all times.
Rule 9: Do not abuse your power
There are people in cyberspace who have more power than others – they can
be high-level players in MMORPGs (Massive Multiplayer Online Roleplaying
Games) or simply system administrators. However, having more power than
other people does not give them right to take advantage of them. System
admins should not read other people’s private email, or snoop in to other
people’s chat.
Course Module
 Rule 10: Be forgiving of other people’s mistakes
Always remember that nobody’s perfect. It is best to be considerate of other
people’s mistakes – whether it’s an error in spelling and grammar, or if it’s a
senseless question or response. Be kind and think twice before you react to
these mistakes. Point out other people’s mistakes politely, preferably through
private email. Give others the benefit of the doubt and never be self-righteous
about it.

Digital Divide
Nowadays, technology has become more affordable and internet became more
accessible to people. Nevertheless, there is still what we call a digital divide –
the economic, educational, and social inequalities between those who have
computers and online access and those who do not (Merriam-Webster, 2017).
This term could also be used to describe the gap between those who have the
skills and knowledge in using various technologies and those who do not.
Despite the easier access to computers and to the internet, there remains the
digital divide between the rich and the poor. Oftentimes it is the rich and the
educated people who have good access to digital resources, according to Pew
Internet & American Life Project (2012).
This issue has a great impact on education today. Children who come from
low-income families or study in low-income school districts, the lack of access
to digital resources will cause them to grow up lacking tech skills, which are
among relevant competencies that are crucial to success in today’s economy.

Cyberbullying
Bullying is increasingly become an issue nowadays. It has gotten worse with more
people gaining internet access. To some people, cyberspace became a channel for
bullying.
Cyberbullying is bullying that takes place using electronic technology such as cell
phones, computers, and tablets as well as communication tools including social
media sites, text messages, chat, and websites (StopBullying.gov, 2017).
There are a lot of examples of cyberbullying, including mean text messages or
emails, posting of rumors on blogs and social networking sites, or posting of
embarrassing pictures, videos, or any content for the purpose of bullying others.\
While a lot of organizations are campaigning against cyberbullying it remains a
great problem today. According to StopBullying.org (2017), a website advocating to
stop cyberbullying, the reason why it remains a huge issue nowadays is likely due to
the following:
 Cyberbullying can happen 24/7. It can happen anytime, and reach a kid even
when he or she is alone.
 Cyberbullying messages and images can be posted anonymously and
distributed quickly to a very wide audience. This makes it difficult to trace
the source.
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 It is difficult to delete inappropriate or harassing messages, texts and

pictures, especially once they have been distributed online.
Cyberbullying has a negative impact on the people affected by it. Kids who are
cyberbullied are more likely to use alcohol and drugs, or have lower self-esteem.
This even leads to more health problems.

Glossary
bandwidth: it is the information-carrying capacity of the wires and channels that connect
everyone in cyberspace.
flaming: refers to the behavior in which people express a strongly held opinion without
holding back their emotion.
MMORPG: Massive Multiplayer Online Roleplaying Game
cyberbullying: refers to the act of bullying using electronic technology.

References and Supplementary Materials

Books and Journals
Vivian, John; 2011; The Media of Mass Communication 10th Edition; United States of
America; Pearson

Online Supplementary Reading Materials

Media Law – HG.org; https://www.hg.org/media.html; July 24, 2017
IP Laws; http://info.ipophil.gov.ph/dev/laws-issuances-treaties/ip-laws; July 24, 2017
What is Plagiarism? ; http://www.plagiarism.org/article/what-is-plagiarism; August 07,
2017
Netiquette; https://www.auburn.edu/citizenship/netiquette.html; August 07, 2017
The Core Rules of Netiquette; http://www.mccc.edu/~virtcoll/Netiquette; August 07,
2017

Course Module
Digital Responsibility – Taking Control of Your Digital Life;
http://www.digitalresponsibility.org/digital-divide-the-technology-gap-between-rich-
and-poor/; August 07, 2017
Copyright and Fair Use; http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/;
August 7, 2017

Online Instructional Videos

Stand Up to Cyber Bullying; https://youtu.be/lN2fuKPDzHA; August 7, 2017