Lesson
Legal and Ethical Issues in
8 Media and Information
Have you ever shared an inspiring photo or quote on Facebook? Or Instagrammed a
meme you found online? A lot of what we consider everyday media culture is built on this kind
of casual information and content sharing. However, in those moments, did you ever think
about where that content came from or if you were even allowed to use it? What happens
when what you are sharing is someone else‟s property? Or could it harm somebody?
The media and information age, especially the Internet, gave tons of people access to
tools for communication and media creation but also opened up many legal loopholes and
ethical challenges. Given its widespread use and the vast majority who now have access to
an array of information, media and information have been the subject of legal, ethical, and
societal problems. While its positive implications are undeniable, there are issues that come
along with it.
Intellectual Property
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
Types of Intellectual property
Copyright - a legal device that gives the creator of a literary, artistic, musical, or other creative
work the sole right to publish and sell that work. Copyright owners have the right to control the
reproduction of their work, including the right to receive payment for that reproduction. An
author may grant or sell those rights to others, including publishers or recording companies.
Violation of a copyright is called infringement.
REPUBLIC ACT 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
COPYRIGHT VALIDITY PERIOD
During the lifetime of the author plus
Literary Works
50 years after the death
Art 25 years from the date of creation
Photographic work 50 years from publication
Audio-Visual Work 50 years from publication
Sound Recording 50 years from year recording took place
Broadcast Recording 20 years from the date of broadcast
Valid for ten years and may be
Trademark
renewed for periods of 10 years
Valid for 20 years from the Filing
Invention Patent date application
Plagiarism
Plagiarism is an act or instance of using or closely imitating the language and thoughts of another
author without authorization, the representation of that author‟s work as one‟s own, as by not
crediting the original author.
Types of Plagiarism
Sources Not Cited
1. The Ghost Writer -The writer turns in another‟s work, word-for-word, as his or her
own.
2. The Photocopy- The writer copies significant portions of text straight from a
single source, without alteration.
3. The Potluck Paper- The writer copies from different sources and alters the
sentences to make them fit together while retaining most of the original
phrasing.
4. The Poor Disguise- The writer has altered the paper‟s appearance slightly by
changing keywords and phrases.
5. The Labor of Laziness - The writer takes the time to paraphrase most of the
paper from other sources and make it all fit together.
6. The Self-Stealer- The writer “borrows” generously from his or her previous work.
Sources Not Cited (But still plagiarized)
1. The Forgotten Footnote - The writer mentions an author‟s name for a source, but
neglects to include specific information on the location of the material referenced.
2. The Misinformer - The writer provides inaccurate information regarding the
sources, making it impossible to find them.
3. The Too-Perfect Paraphrase - The writer properly cites a source but neglects to put in
quotation marks on a text that has been copied word-for-word, or close to it.
4. The Resourceful Citer- The writer properly cites all sources, paraphrasing, and using
quotations appropriately. The catch? The paper contains almost no original work!
The Perfect Crime- The writer properly quotes and cites sources in some places, but goes on to
paraphrase other arguments from those sources without citation.
Responsible Digital Citizenship
Digital citizenship refers to having the appropriate knowledge and skills to effectively use
digital technologies to communicate with others, participate in society, and create and
consume digital content. Responsible digital citizenship is essential, especially now in the face of
a technology-saturated world, to helping media and information consumers achieve and
understand digital literacy, as well as ensuring cyberbully prevention, online safety, digital
responsibility, and digital health & wellness. Let‟s go through some of the aspects of digital
citizenship below:
Netiquette
Netiquette, or network etiquette, is a set of socially constructed rules and norms for behaving
and communicating responsibly in an online environment. Simply stated, it is the etiquette of
cyberspace. While not all of these rules hold legal power nor are strictly enforced, it is important
that you, as a media consumer, have a well-defined set of guidelines that helps keep you or
the people you know in check in terms of your online activity and presence.
Consider the following “rules,” adapted from Virginia Shea‟s The Core Rules of Netiquette,
whenever you communicate in the virtual world.
Rule 1: Remember the human
The impact of the advent of technology is a double-edged sword – an ironic one, that
is, as it brings people together who otherwise cannot meet, however at the same time,
mediated communication makes human interaction less personal. When you communicate
electronically, all you see is a computer monitor, laptop screen, or a phone display. Your non-
verbal cues in personal interaction – facial expressions, gestures, and tone of voice – now take
the form of words, videos, or words. Today, in an era that much of our communication
happens online or electronically, where we most often just face devices, it is easy to forget that
those at the receiving end of the line are actual human beings. Somehow this electronic
barrier gives people misplaced boldness resulting in a cruder and often offensive behavior
online or over the phone.
Remember the human – remember that the receiver on the other side of your computer
or phone is another human person capable of understanding, feeling, and getting hurt. Putting
yourself in others‟ places can put everything in the right perspective. Before you send that
message, upload that photo, or send that tweet, ask yourself: How would the other person or
people at the end of the line, feel if I do or say this? Always put in mind that empathy is one of
the most powerful motivations for some basic decency online.
Rule 2: Adhere to the same standards of behavior online that you follow in real life
Good netiquette is derived from the same standards set in real life. While it can be
argued that standards of behavior may be different in the virtual world, they certainly should
not be any lower. In real life, we are constantly reminded to be respectful to other people,
mindful of our words, follow the law and other societal rules. This holds true for cyberspace
etiquette as well. Further, actions have consequences. Whatever is deemed illegal or
irresponsible in real life is most probably deemed the same in the online world. While the
chances of getting caught or punished may be slim, your accountability and liability for your
actions aren‟t totally erased. Thus, you should do your best to act within the laws and ethical
standards in the online environment just as you would in real life.
Rule 3: Know where you are in cyberspace
The Internet may be as vast as the earth‟s oceans or the outer space with parts least
visited, not discovered, and some deemed even dangerous. Today, you are presented with a
wide array of internet domains and websites. While there may be millions of it on the Internet,
they can easily be categorized according to content or intended audience. In this context, your
manner of interaction may differ from one domain to another. What‟s perfectly acceptable in
one area may be dreadfully rude in another, and depending on where you are in the virtual
world, the same written communication can be acceptable in one area, where it might be
considered inappropriate in another. For example, in most TV discussion groups, passing on idle
gossip is perfectly permissible. But throwing around unsubstantiated rumors in a journalists‟
mailing list will make you very unpopular there. And because netiquette is different in different
places, it‟s important to know where you are.
Rule 4: Respect other people’s time and bandwidth
Have you ever felt that time passes faster now than it does before? Have you ever felt
like days pass even more swiftly and that sometimes, our 24 hours in a day seem like less than it
really is? Cliché, but your observations are valid. In this fast-paced time, people are pushed to
squeeze in school, work, social life, chores, errands to run, sleep, personal wellness, and more
all in 24 hours. That is why time seems to pass twice as fast as it did before because of all the
essential things we have to accomplish in a day. In the context of netiquette, whenever you
post something online or send a message to someone, you‟re taking up a few precious minutes
from the already limited time of another. Electronic communication takes time: time to read
and time in which to respond. Most people today lead busy lives, just like you do, and don‟t
have time to read or respond to frivolous e-mails or discussion posts. Thus, it is your responsibility
to ensure that the time of reading your message or post isn‟t a waste of anyone‟s time.
On the other hand, the word “bandwidth” is sometimes used synonymously with time,
but it‟s really a different thing. Bandwidth is the information-carrying capacity of the wires and
channels that connect everyone in cyberspace (Shea, 1997). However, these bandwidths
have a limit as to the amount of data it can carry at a given moment. All those unnecessary
data uploaded in cyberspace is taking up space in the bandwidth that could‟ve been
reserved for more valuable data.
Rule 5: Make yourself look good online
In the real world, other people‟s immediate judgment of you would be based on your
physical appearance, your demeanor, how you speak, how you carry yourself, or even how
you dress. In the virtual environment, you will be judged by the quality of your writing or the
content that you post. Both worlds are filled with prying eyes, and whether we like it or not, thus
we need to be mindful of what we call our “virtual self.” So, keep the following tips in mind:
Always check for spelling and grammar errors
Verify the truth of what you are posting or sharing
Know what you‟re talking about and state it clearly
Be pleasant and polite
Making yourself look good online does not mean you are pretending to be someone
else for others to like you, rather it means that you ought to step up in making sure that
content you produce should reflect that of a responsible digital citizen until such time
that it becomes your lifestyle.
Rule 6: Share expert knowledge
The strength of the Internet is the extent of the information it offers and various sources this
information comes from. While credibility issues are a concern, the Internet, as an overall
knowledge bank, continues to grow and expand as experts contribute facts that people
constantly consume. Although netiquette lists several red flags, sharing your knowledge on
something doesn‟t count as one. So do your part – share what you know! When you post a
question and receive intelligent answers, share the results with others. Are you an expert at
something? Post resources and references for your subject matter. You have recently
expanded your knowledge about a subject that might be of interest to others? Share that as
well.
Rule 7: Help keep flame wars under control
“Flaming is what people do when they express a strongly held opinion without holding
back any emotion.” (Shea, 1994). Flamers, from the name itself, add fuel to the flame – they
provoke people whose opinions are different from theirs. These are the people who express
their opinion in an aggressive or offensive manner, usually resulting in “flame-wars” where two
or three people exchange angry posts between one another.
You have to remember, though, that exercising one‟s right to self-expression isn‟t a bad
thing in itself. There is a thin line between expressing your opinion in a respectful manner and
attacking the opposing party to prove your point – that line something you have to keep in
mind whenever you are confronted with a disagreement with someone online.
Remember, do not feed the flames; extinguish them by guiding the discussion back to a
more productive direction. Furthermore, opinions are always welcomed to be voiced out, but
at the end of the day, parties may just agree to disagree and end a conversation in a decent
way.
Rule 8: Respect other people’s privacy
Privacy is a human right. Much like how you do not want your phone opened just by
anyone or your messages read by someone without your permission, other people value their
privacy as well. That is someone you have to always remember, especially in cyberspace,
where you get to access loads of information. The advent of the Internet has put everyone
almost everyone‟s lives under a microscope. Even so, information that is private in nature must
remain private, and that is a right the needs to be asserted – a right that everyone is afforded.
Wherever you are in the online world, you may be exposed to some private or personal
information that needs to be handled with care. Ask yourself: What do you think would happen
if this information “got into the wrong hands?” Embarrassment? Hurt feelings? Loss of a job?
Just as you expect others to respect your privacy, so should you respect the privacy of others as
well.
Rule 9: Don’t abuse your power
Just like in the real world, people in cyberspace have their own influence and power
– some with power greater than others. These people are the technology wizards, experts with
years of experience, and system administrators, among others. If you are one of these people
or if you are someone with knowledge powerful enough to navigate through cyberspace
expertly, remember that knowing more than others does not give you the right to take
advantage of them.
Rule 10: Be forgiving of other people’s mistakes
Not everyone has the same amount of experience working in the virtual world. And not
everyone knows the rules of netiquette. As you move along and around cyberspace, at some
point, you will bump into a ridiculous post, a nonsense photo, a poorly constructed sentence,
or a stupid question. When this happens, learn to carry an understanding attitude. Practice
tolerance when you see minor and forgivable mistakes. If you feel compelled to correct and
respond to a mistake, do so, preferably in private and as politely and respectfully as possible.
Moreover, always choose your battles wisely. Not every mistake or opposing opinion you
see on the Internet needs your reaction. Do not sweat over the small stuff or things that do not
have much weight and just let it slide. Conversely, learn to admit your mistakes as well should
there be instances when you commit one. No one is perfect, and neither are you. So practice
changing your opinion when presented with facts and learn to acknowledge your errors or
inaccuracies.
Alternatively, you can follow the THINK acronym to guide you on how you behave and
interact on the Internet or on social media. This applies to everyday communication, too,
whether you‟re talking to work colleagues, family, or friends.
THINK
T – Is it true?
Is this fact, or is it really an opinion or feeling?
Know and be clear before you speak
H – Is it helpful?
Will it just aggravate the situation if you do talk about it or post a rant about it?
Does it help you, them, or the situation?
I – Is it inspiring?
Will people be in awe after reading your status?
N – Is it necessary?
There are things that are better left unsaid.
Some people are making their social media account as daily/ routinely diaries
K – Is it kind?
What is your motivation for communicating?
Other helpful questions to consider:
Am I saying this from a place of anger? Am I respectful?
Who is my audience? Who else might be able to hear, see, or read this?
How might what I‟m saying appear to others?
Could someone misinterpret what I‟m saying?
What am I saying about myself with these words?
Digital Divide
Digital Divide is inequality or disparity between demographic groups in terms of access
to, use of, or knowledge of ICT. Different segments have varying levels of knowledge and
access to digital developments due to a number of factors which include, but not limited to,
race, age, education, income, socioeconomic status, and geographical location. The digital
divide may further be grouped into three divisions, as relayed by The Manila Times writer Noemi
Lardizabal-Dado (2019):
The digital native and digital immigrants
The people born in the Internet and digital technology age are who we call digital
natives. The term is often used synonymously with „Millennial,‟ though not all digital natives are
millennials, and not all millennials are digital natives. Regardless, digital natives are those that
are immersed in digital technology, growing up, making them more knowledgeable and
comfortable in the digital age. Digital immigrants, on the other hand, are those born before
the widespread adoption of computers and the Internet and have had to adopt digital
technology later in life. Due to the gap in generations, not excluding other factors, digital
immigrants are considered to be less technically able than digital natives.
There may have been a time in your life when your parents or elder relatives asked you
to teach them what to click on their mobile phones or how to navigate through the Internet.
That is an example of a digital divide between digital natives and digital immigrants. This divide
doesn‟t necessarily mean that the elderly do not have access per se, but some are simply not
comfortable with the use of digital devices and the Internet. However, this does not hold true
to some as there are digital immigrants who accepted the advent of technology and sought
to learn to adapt to the digital age.
The digital rich and the digitally poor
A huge part of the digital divide, especially in developing countries such as the
Philippines, is the differences in the socioeconomic status of social groups. The financial
capacity of an individual affects his ability to purchase a gadget and reliable Internet access.
Smartphones are getting more affordable, but stable Internet access is still a work in progress
(Dado, 2019). Technology has made numerous positive implications in education, healthcare,
transportation, and many more. Learning materials and resources may now be conveniently
accessed online, and technology has also paved the way for advancements in medicine and
healthcare, transportation is now made more convenient and comfortable. While many are
able to enjoy and adapt to all these developments, sadly, a lot more are struggling to keep up.
Day by day, as we face a world of inequality and injustice, this gap widens even more.
On a more personal level, you may have known a student who has struggled to do
homework or submit a project because it involves a certain device or it needs an Internet
connection. Perhaps a friend? A classmate? A neighbor? Or that someone may even be you.
Access to all the Internet and all these technological advancements is a privilege; not
all are able to afford it. In a country like the Philippines, where a huge chunk of our population
falls below the poverty line, acquiring digital devices, let alone securing a stable Internet
connection, is at the bottom of the list of priorities.
The digital skills and digital unskilled
A discrepancy in terms of digital skills occurs because of the lack of funds and
opportunities. Similarly to the aforementioned, lack of digital skills may stem from an individual‟s
socioeconomic status. A person belonging to a family falling below the poverty line would
most probably have less to no access to digital devices and stable Internet connection. In
effect, he will fall behind on updated information, up-to-date learning resources, and even on
job openings.
This limited access to information would also limit his door of opportunities to learn and
improve his skills. However, being poor is not a death sentence. Difficult as it may seem, this
gap may be narrowed if an individual is eager and hardworking enough to hurdle constraints
and seek learning for himself. For instance, they are enrolling in free online courses, self-
earning, and even on-the-job training. People try to overcome financial challenges to
become digitally skilled.
Internet Addiction
Merriam-Webster Dictionary defines addiction as “a compulsive, chronic, physiological or
psychological need for a habit-forming substance, behavior, or activity having harmful
physical, psychological, or social effects.” When we speak of addiction, we commonly
associate it with substances like recreational or illegal drugs. However, due to the widespread
use of the Internet, the digital age has ushered an addiction that has become a growing
concern in society – Internet Addiction.
Internet addiction may come in different forms, such as social media addiction, video
game addiction, cybersex or online sex addiction, and online gambling addiction.
Undeniably, the Internet has introduced to society a whole new human experience. Aside
from its educational and informational functions, the Web has offered media users a higher
and more enjoyable level of recreation with all the games, social media, and even online
shopping, which, in effect, makes users more glued to their devices. Moreover, thanks to
smartphones and mobile internet data services, people can now access these almost
anytime, anywhere! More and more individuals are now developing a heightened
dependence with these evolving technologies, some at a manageable level, but others at an
alarming degree opening the possibility of having their devices and the Internet interfere with
their daily activities.
Internet addiction may be developed due to several factors like stress, anxiety,
depression, other forms of addiction, lack of social support, or lack of parental guidance, or
inactivity. These are some of the signs and symptoms of Internet addiction you may want to be
mindful of:
Being less conscious of time spent online or with gadgets that enable Internet access
Failing to complete tasks or activities intended to be finished at the time you were
using the Internet
Having less time with friends and family
Lack of remorse for your excessive Internet use
Feeling more excited with Internet activities rather than real-life or physical activities
Cyberbullying
In 2012, a certain college student gained infamy after a video of her allegedly shouting
at a female security guard at LRT-2 Santolan went viral. She was subjected to severe ridicule,
hateful messages, and even threats, and because of the abuse she was getting on media, she
deactivated all her social media accounts and even refused to leave her home. In 2013, a 12-
year-old Fil-Am student from New York took her own life after she was bullied due to a video
uploaded on YouTube, where she was shown arguing with another classmate. In 2017, a
Grade 8 student from Ramon Torres National High School (RTNHS) in Negros Occidental ended
his own life because of cyberbullying after being bullied and sent disturbing messages accusing
him of stealing his classmate‟s computer tablet.
Online violence, cyberbullying, and digital harassment affect over 70 percent of young
people globally, according to the United Nations Children‟s Fund (UNICEF), as it called on
internet users to “be kind online” and prevent this form of violence. These cases are only a tiny
fraction of this figure, just a few out of the countless victims of cyberbullying, with some still
constantly battling the pains and demoralization while others, in extreme cases, succumbing to
suicide.
By definition, cyberbullying is a type of offensive action toward another which takes
place using electronic technology (Liquigan, 2016). This occurrence can trigger traumatic
experiences for the victims, just like bullying in real life. Cyberbullies post or send hatefully and
mean messages as well images which are deliberately meant to mock, ridicule, embarrass,
hurt, or attack a person. What‟s worse about cyberbullying is that online content used by
cyberbullies may stay on the Web for a long time. Even if the original content may be deleted,
screenshots or copies of it may continue to circulate on social media or on the Internet. This
makes it harder for victims to move forward if the things that traumatize them constantly
resurfaces on the Web. Cyberbullying and bullying, in general, also feed “a continuum of
damaging behavior.” Victims of cyberbullying are more likely to abuse drugs and alcohol, skip
school, receive poor grades, and experience low self-esteem and health problems.
As a conscientious person and a responsible media consumer and producer, it is your
unspoken duty to refrain from and denounce cyberbullying. Moreover, to further avoid
cyberbullying, you can promote proper netiquette to your peers, foster mutual respect and
courtesy by avoiding flame wars, and be vigilant against people‟s intention to harm other
netizens.