Issues and Concerns for Bloggers Prof. JJ Disini Managing Partner, Disini & Disini Law Office Assistant Professor, UP College of Law Director, UP Law Internet & Society Program Principal Drafter, E-Commerce Act Implementing Rules Co-Drafter, Rules on Electronic Evidence Member, Supreme Court Sub-Committee on E-Commerce Member, Philippine Software Industry Association Member, Philippine Internet Commerce Society

UP Law Internet & Society Program Agenda  Libel  Intellectual Property Rights  Privacy rights

UP Law Internet & Society Program Libel 1. It is public and malicious 2. It is an imputation of: 1. a crime, or 2. A real or imaginary vice or defect 3. any act, omission, condition, status, or circumstance 3. The imputation tends to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

UP Law Internet & Society Program Inciting to Sedition 1. The offender does not take any direct part in the crime of sedition 2. She incites others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.

UP Law Internet & Society Program Inciting to Sedition 1. She utters seditious words or speeches, write, publish, or circulate scurrilous libels against the Government of the Philippines, or any of the duly constituted authorities thereof, 2. Or those words or speeches tend to disturb or obstruct any lawful officer in executing the functions of his office 3. Or tend to instigate others to cabal and meet together for unlawful purposes 4. Or suggest or incite rebellious conspiracies or riots, 5. Or which lead or tend to stir up the people against the lawful authorities 6. Or to disturb the peace of the community, the safety and order of the Government, 7. Or who shall knowingly conceal such evil practices.

UP Law Internet & Society Program Privacy Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: 1. Prying into the privacy of another's residence: 2. Meddling with or disturbing the private life or family relations of another; 3. Intriguing to cause another to be alienated from his friends; 4. Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

UP Law Internet & Society Program Copyright Issues  How copyright works:  From the moment of creation  Easy to tell what’s protected but not licenses  Copyright on the blog  Your Posts  The comments  The pictures & images  Expression not the ideas  Works of the government

UP Law Internet & Society Program Copyright Issues  Linking Contract Copyright claims  Fair Use The purpose and character of the use. The nature of the copyrighted work. published/unpublished, creative work/factual, factual/fiction The amount and substantiality of the portion used. The effect on the market or potential market.

UP Law Internet & Society Program

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