Legal, Ethical, and Societal Issues in Media and Information PDF

Legal, Ethical, and Societal Issues in Media and Information Legal Issues in Media and Information To better understand the legal issues in media and information, it is important to be knowledgeable of the Intellectual Property Code of the Philippines, otherwise known as Republic Act 82...

Legal, Ethical, and Societal Issues in Media and Information Legal Issues in Media and Information To better understand the legal issues in media and information, it is important to be knowledgeable of the Intellectual Property Code of the Philippines, otherwise known as Republic Act 8293. Intellectual Property (IP) refers to creations of the mind such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce (WIPO, n.d.). REPUBLIC ACT (RA) NO. 8293 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES SECTION 4. Definitions. – 4.1. The term “intellectual property rights” consists of: a) Copyright and Related Rights; b) Trademarks and Service Marks; c) Geographic Indications; d) Industrial Designs; e) Patents; f) Layout-Designs (Topographies) of Integrated Circuits; and g) Protection of Undisclosed Information (n, TRIPS). Rex Curriculum Resource WWW.REX.COM.PH  A. Copyright It is a legal term used to describe the rights that creators have over their literary and artistic works. Copyright owners have the right to publish and sell their own work including the right to receive payment for that reproduction. The copyright owners may also grant or sell those rights to others (WIPO, n.d.). A copyright owner may use the symbol ‘©’ to simply notify his/her copyrighted works. In terms of copyright validity, it may last during the lifetime of the IP owner and 50 years after his/her death. Once the copyright expires, the material can be considered as public domain. Public domain does not require asking for copyright permission. Anyone can use public domain materials that may be found online such as from Wikimedia Commons. It is characterized by the symbol ‘ ’. Rex Curriculum Resource WWW.REX.COM.PH  Aside from the public domain, another copyright exemption is fair use. It means you can use copyrighted material without a license only for certain purposes such as commentary, criticism, and reporting. In addition, Creative Commons (CC), an American non-profit organization, provides licenses to copyright owners to distribute their IPs under several conditions. People who want to use materials with a CC license do not need to ask for direct permission from its copyright owners provided that the users follow the conditions stated under the CC license. Examples of these may be found using the advanced search tools of search engines like Google. On the other hand, owners may also choose to copyleft their IPs. It is a general way of making a material free, as long as those who will use it will also keep and redistribute it for free. In the Philippines, anti-piracy agencies like the Optical Media Board (OMB) are mandated to ensure the protection and promotion of intellectual property rights (OMB, n.d.). Rex Curriculum Resource WWW.REX.COM.PH B. Patent It is an exclusive right granted for an invention. It provides the patent owner the right to decide how or whether the invention can be used by others (WIPO, n.d.). In the Philippines, not all inventions are patentable. According to the Intellectual Property Code of the Philippines, non-patentable inventions include: discoveries, scientific theories, and mathematical methods; schemes, rules, and methods of performing mental acts, playing games, or doing business and programs for computers; methods for the treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body; plant varieties, animal breeds, or essential biological processes for the production of plants or animals; aesthetic creations; and anything contrary to public order or morality. Section 54 of RA 8293 states that the term of a patent shall be 20 years from the filing date of the application. Rex Curriculum Resource WWW.REX.COM.PH  C. Trademarks This refers to the name, word, or slogan that identifies a product or organization. It is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises (WIPO, n.d.). Here are some examples of trademarks: The images above show how logos may be tagged to signify that it is a trademark. The symbol ‘®’ means registered and ‘TM’ means trademark. Either of the symbols can be used to denote that the trademarks were registered in the government. Section 5 of RA 8293 states the duration of a trademark. A certificate of registration shall remain in force for 10 years, provided that the registrant shall file a declaration of actual use and evidence to that effect or shall show valid reasons based on the existence of obstacles to such use, as prescribed by the Regulations, within one year from the fifth anniversary of the date of the registration of the mark. Otherwise, the mark shall be removed from the Register by the Office (Section 12, RA 166a). Rex Curriculum Resource WWW.REX.COM.PH  D. Infringement Any violation of intellectual rights is known as infringement. Here is the scheme of penalties for IP rights offenders (Cruz, 2012): First Offender – fine of ₱50,000 and/or imprisonment of one to two years Second Offender – fine of ₱150,000 and/or imprisonment of three to six years Third and Subsequent Offender – fine of ₱500,000 to ₱1.5 million and/or imprisonment of six to nine years Rex Curriculum Resource WWW.REX.COM.PH Ethical Issues in Media and Information Unlike laws, ethics is related to the moral obligation of knowing what is right and wrong that guides people to choose appropriate actions. People are not compelled to follow it, but it serves as a foundation for a just society. Here are the ethical issues related to media and information: plagiarism, fabrication, and falsification: Plagiarism comes from the Latin word plagiarus, which means kidnapper; thus, it is used nowadays in the sense of “intellectual theft” (Lapeña, 2010). It is the act of stealing someone’s idea and presenting it as if it is yours. According to Barnbaum (n.d.), there are five types of plagiarism. These are the following: Cut and Paste – It is the act of copying someone else’s work word-for-word, without proper attribution, and without quotation marks. It is also known as direct plagiarism. Word-switch – It is a type of plagiarism where the offender lifts a sentence or a paragraph from a source or original transcript and changes some words by using their synonyms. Style – It is another type of plagiarism that copies another author’s path of reasoning or explanation. The words may be different but the way the topic is explained and the order in which the ideas listed are the same. Rex Curriculum Resource WWW.REX.COM.PH  Use of Metaphor – According to Barnbaum, “Metaphors are used either to make an idea clearer or give the reader an analogy that touches the senses or emotions better than a plain description of the object or process.” If a person cannot come up with his/ her own metaphor to illustrate an important idea and opts to use the metaphor in the source article without giving credits, then he/she commits metaphor plagiarism. Use of Idea – Repeating or using someone’s creative and original ideas without revealing the source is known as idea plagiarism. Fabrication is manufacturing or inventing something and claiming it as true. Falsification is the manipulation of any materials or the modification and/or omission of data information to meet a certain result. Rex Curriculum Resource WWW.REX.COM.PH Societal Issues of Media and Information Technological advancements lead to breakthroughs in communication, education, entertainment, and many more. However, these advancements also have several downsides, namely, digital divide, internet addiction, and cyberbullying. Digital divide pertains to the gap between the younger and older generations in terms of technological use and the gap between the number of people who are adept at using digital devices and people who do not have access to new technology. According to Shaw and Black (2008), internet addiction refers to the “excessive or poorly uncontrolled pre-occupations, urges, or behaviors regarding computer use and internet access that led to impairment or distress.” Internet addiction has five types: (1) cyber sexual addiction to adult chat rooms or cyberporn; (2) cyber relationship addiction to online friendships or affairs that replace real-life situations; (3) net compulsions to online gambling, auctions, or obsessive trading; (4) information overload to compulsive web surfing or databases searches; and (5) computer addiction to game playing or programming (Young, 2009). Rex Curriculum Resource WWW.REX.COM.PH  In addition, the Department of Education (DepEd) issued the Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying, and Other Forms of Abuse through DepEd Order 20 s. 2012, also known as DepEd Child Protection Policy. DepEd has adopted the policy to provide special protection to children who are gravely threatened by different circumstances like cyberbullying, which might affect their normal development. Here are some ways on how to properly respond to cyberbullying as suggested in the article, “Don’t Be Cyberbullied” by STOMP Out Bullying (n.d.) to protect yourself from cyberbullies: Never respond to harassing, negative and threatening responses about you. Print out the posts and delete them. Block the person who is harassing you. Rex Curriculum Resource WWW.REX.COM.PH  ⚫ If you are being threatened online, bring the printed posts to your parents. They should contact the computer crimes unit at your local police precinct. If your town is small and your police department does not have a computer crimes unit, they should bring the posts to a supervising law enforcement officer at your nearest precinct. ⚫ If you are being harassed on Facebook, report it to Facebook. ⚫ Never respond to cybertext or any online harassment. ⚫ If you are being harassed by texting, delete the texts and block the number. ⚫ If you are being threatened by texting, write down all the text messages and the number they are coming from and block the person texting you. Bring this to your cell phone provider who can take action against the texter. You should also bring these messages and phone numbers to the police. Rex Curriculum Resource WWW.REX.COM.PH  ⚫ Netiquette is a basic set of social rules or guidelines on behavior that must be followed to ensure the internet is better for all users. It means the use of good manners in online communication such as email, forums, blogs, and social networking sites. ⚫ Here are some social guidelines or netiquette that internet users must adhere to ensure a conducive and safe online environment: Rule 1: Do not be mean behind the screen. Remember that you are interacting with a human with emotion who can be offended by your posts online. Rule 2: Adhere to the same standards of behavior online that you follow in real life. Rule 3: Respect other people’s time and bandwidth. Make sure to post worth sharing information. Rule 4: Respect other people’s privacy. Rule 5: Do not engage in flame wars. Rex Curriculum Resource WWW.REX.COM.PH