Legal, Ethical and Societal Issues in Media and Information
With the growing online community in this new information age, people must know and understand
their rights and responsibilities as media and information providers and consumers in order to become digital
citizens. Significantly encompassing these rights and responsibilities are the issues of Intellectual Property, Fair
Use, Netiquette, Internet Addiction, and Cyberbullying.
A. INTELLECTUAL PROPERTY (IP)
World Intellectual Property Organization (WIPO), the global forum for intellectual property
services, policy, information, and cooperation, defined Intellectual Property (IP) as referring to the
“creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and
images used in commerce” (World Intellectual Property Organization, 2016).
It can be classified into two categories namely, (1) Industrial Property which includes patents,
trademarks, industrial designs and geographical indications and appellations of origin; and (2) Copyright
which covers literary works (such as novels, poems, and plays), films, music, artistic works (e.g.
drawings, paintings, photographs, and sculptures) and architectural design. Rights related to copyright
include those of performing artists in their performances, producers of phonograms in their recordings,
and broadcasters in their radio and television programs (WIPO, 2016).
In the Philippines, IP is protected under two laws – the Intellectual Property Code (RA 8293) and
the Cybercrime Prevention Act (RA 10175). Both laws protect intellectual property rights, allowing the
rightful creators or owners of patents, trademarks, or copyrighted works to benefit from their own work
or creation – may it be of moral or material interests. Violation of this law or one of the rights is called
infringement.
Types of Intellectual Property
1. Copyright. It is a legal term used to describe the rights that creators have over their literary and
artistic works. This covers works ranging from books, music, paintings, sculpture and films, to
computer programs, databases, advertisements, maps and technical drawings (WIPO, 2016).
Registration of copyrighted work or displaying of the copyright symbol may not be mandatory but it
is recommended to emphasize that the author is claiming copyright protection in the work.
Nevertheless, the copyright law still protects the creator’s work from the moment of creation and
the owners do not lose this protection. To learn more about IP registration in the Philippines, visit
www.ipophil.gov.ph.
2. Patent. It is an exclusive right granted for an invention. It provides the patent owner with the right
to consent on the invention or a way for others to use it. In return, the patent owner is responsible
for making technical information about the invention available in the published patent document or
in public (WIPO, 2016).
3. Trademark. It is a distinguished sign of goods or services of one enterprise from those of other
enterprises. It can be compared to what craftsmen used in ancient times as “signature mark” on their
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product (WIPO, 2016). TM denotes that the owner of the mark is in the process of registration to
indicate a claim of ownership, while ® is only used for marks that have been granted registration.
4. Industrial Design. WIPO (2016) defines Industrial design as an ornamental or aesthetic aspect of
an item. A design may consist of threedimensional features such as the shape or surface of an
article, or of two-dimensional features such as patterns, lines, or color. An industrial design right
protects only the appearance or aesthetic features of a product, whereas a patent protects an
invention that offers a new technical solution to a problem. In principle, an industrial design right
does not protect the technical or functional features of a product. Such features could, however,
potentially be protected by a patent.
5. Geographical Indications and Appellations of Origin. These are signs used on products
possessing qualities, a status, or characteristics that are essentially attributable to that location of
origin. Generally, a geographical indication includes the name of the place of origin of the goods
(WIPO, 2016).
Republic Act No. 8293 or Intellectual Property Code of the Philippines the copyrighted works are under this
Term of Protection (Source: Official Gazette, 2012, section 213)
Intellectual property is essential in creating a culture of creativity, progress, and innovations as any
content creator’s exclusive rights to their own creation are secured and protected through the IP law. This means
one’s original work cannot be legally copied or used for profit. Otherwise, one can be penalized on grounds of
infringement. Copyright law allows the owner to control access to his or her own work and consequently
provides strong penalties for infringement of owners’ rights. However, the law also includes certain exemptions
to the rule and considerations in the use of the copyrighted materials from the owner’s control, which are under
the doctrine of Fair Use
B. FAIR USE
Fair use is a legal principle stating that one can use a copyrighted work without a license for the
following purposes: commentary, criticism, reporting, research, and teaching. Furthermore, the
copyrighted material must observe conditions such as (1) amount and substantiality of the portion taken;
(2) purpose and character of one’s use; (3) nature of the copyrighted work; and (4) potential market
effect (Stim, 2016). In general, one must own the majority of the new content, give full credit to the
original source, and use the content for non-profit purposes to consider it fair use. In order to clarify the
terms and conditions in control of the creative work between the author and the general public, one
needs permission from the copyright holder which is called a license. Some content creators choose to
license their work more freely by giving their work a Creative Commons license or even putting their
work in Public Domain. These CC licenses are copyright licenses providing a simple and standardized
way to give the public permission to share and use the creative work. This is easier for both the author
and the public compared to an agreement in traditional licenses which are more restricting. Creative
Commons is an American non-commercial organization that aims to expand the range of creative works
available for others to build upon and to share legally. The organization has released several copyright-
licenses known as Creative Commons licenses free of charge to the public (CreativeCommons.org as
cited in Ping, 2016).
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Although Creative Commons content won't cost you any money to use, it's not totally free; to use it,
you must follow certain rules. People who choose to make their content Creative Commons can
choose one or more of these licenses to apply to their work:
Attribution: You must credit the creator in order to use, copy, or share the content.
Non-Commercial: You can't make a profit from the content.
No Derivative Works: You can't change the content.
Share Alike: You can change the content, but you have to let other people use your new work with the
same license as the original. In other words, you can't treat any Share Alike work you adapt as your own
copyright, even if you radically change it.
C. NETIQUETTE
One of the pressing problems in the digital age is the lack of basic manners in using the Internet.
Seemingly overwhelmed with the liberty one enjoys in digital media, online users tend to forget that
they are still interacting with real people, although in the virtual world or cyberspace. To help minimize
mistakes, untoward encounters, and unkind experiences online, understanding and applying the rules in
Netiquette is necessary. Netiquette or network etiquette is a set of rules for behaving properly online
(Shea, 1997 as cited in E-Learning Guide on Media and Information Literacy, 2017). Here are the Ten
Core Rules of Netiquette by Virginia Shea.
# 1 Remember the Human
- Your written words are read by real people, all deserving of respectful communication.
# 2 Adhere to the same standards of behavior online that you follow in real life
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- Be ethical and do not break the law.
# 3 Know where you are in cyberspace
-"Netiquette varies from domain to domain." Get a sense of how the people who are already there
appropriately and properly act.
# 4 Respect other people's time and bandwidth
-You are not the center of cyberspace. Be mindful of other’s time
# 5 Make yourself look good online
-You will be judged by the quality of your writing thus be cautious of your language. Don’t flame-bait
nor swear. Make sense with what you’re talking about.
# 6 Share expert knowledge
-Courteously sharing your knowledge is fun.
# 7 Keep flame wars under control
-"Flaming is what people do when they express a strongly held opinion without holding back any
emotion." Don't feed the flames; extinguish them by guiding the discussion back to a more productive
direction.
# 8 Respect other people's privacy
# 9 Don't abuse your power
-Do not take advantage of anyone.
# 10 Be forgiving of other people's mistakes
-No one is perfect so be kind. If needed, be polite in correcting others
Simply put, Netiquette reminds you to respect and protect your own privacy, as well as others’. You
must “self-reflect before your self-reveal” (Common Sense Education). In practicing the rules of Netiquette,
you must consider being careful in managing your virtual self and digital footprints, as well as being mindful of
data privacy.
Virtual Self is how you present yourself on online platforms. Whatever you say or do on the Internet can be
viewed and others can easily pass judgment without even knowing who you are outside the virtual environment.
Digital Footprint
Digital footprint is any data record of the things you do online. Anything on the Internet with your name
creates a trail of data about you. This could be information in your personal website, any activity in social
media, your browsing history, online subscription, and the like. Because of this, you must be vigilant in sharing
personal information to avoid potential dangers such sharing may pose. There had been viral videos with private
or sensitive content because their owners could have been careless with their digital footprint. Your digital
footprint can remain on the Internet for life.
Data Privacy
Not only virtual self and digital footprint are incorporated in netiquette. Respecting and managing data
privacy is also a responsible behavior on the Internet. The respect should be mutual between the media user and
the producer. Data privacy or the fundamental right of an individual to protect private information from
disclosure to information and communication systems is under Republic Act No. 10173 or the Data Privacy Act
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of 2012. If precautionary measures are not observed in sharing personal information, your online security can be
compromised.
Digital Divide
As part of being mannerly towards others online, it is also helpful to know that not everyone has the
same access to high-speed internet, or even so, regular digital access, or advanced digital knowledge so we are
called to be understanding, helpful, and polite to the digitally disadvantaged. This digital inequality or gap
between groups in terms of knowledge, usage, and access to ICT due to circumstances like location, income,
and age is called Digital Divide
D. COMPUTER ADDICTION AND CYBERBULLYING
With the growing industry of digital media, many media users have become vulnerable to improper use
of the Internet. Computer addiction and cyberbullying are not only local problems but they are globally
prevalent. These issues may come Image courtesy to https://www.teachthought.com 14 as a result of an
intention, or a habit that has gone worse. If not addressed, these issues could distress one’s health and
relationships
Computer Addiction
A study by Hootsuite and We are Social in 2019 finds that the Philippines ranks as the most internet-
addicted country (Zulueta, 2019). The world internet usage index lists the Philippines’ average time spent on the
Internet as 10 hours a day. So, how do we know if we have addiction? Computer Addiction is the
“overdependence or a damaging need to do something on computer or internet” (E-Learning Guide on Media
and Information Literacy). Its impact could be linked to sleep deprivation, anxiety and even depression. Setting
a limit and immersing yourself with outside activity can obviate addiction. Remember, anything beyond
moderation is not good. To put it simply, learning to properly use digital resources is responsible internet
behavior.
Cyberbullying
According to UNICEF Poll in September 2019, one in every three young people in 30 countries has
reported being a victim of online bullying (UNICEF, 2019). Cyberbullying is the use of digital means of
communication that could hurt or harass a person. Examples of this are sending hurtful texts or SNS messages,
posting embarrassing photos or videos, and spreading mean or malicious rumors online. Such act or acts
comprise cyberbullying if the offender does them intentionally and repeatedly, and should be addressed at once.
You must always protect your mental health. If cyberbullying happens to you, do not be afraid to seek help and
defend yourself.
