Martes, Marso 25, 2014

CYBER LIBEL IS A REALITY

Some interesting facts I came across while reading an article on Cyber libel + some of my thoughts regarding the issue 

TREATMENT ON FOREIGN JURISDICTION:
English - Jurisdiction of Cyber Libel is based on the place where the article was downloaded. At the same time, publishers, aside from the author are liable of Cyber Libel. Knowing that such imputation was with the intention to dishonor the reputation of a person, publishers should have not allowed such publication. 

Japan - Japanese authorities encourage victims of online defamation to come forward. Since a majority of the population are internet users, Japan treats cyber libel strictly. (Japan ranks #4 worldwide where 71.9% of its population are internet users. The Philippines' is at #14 spot). Also, there is NO STARE DECISIS in Japan.

Australia - Libel Tourism is recognized in Australia. 
Libel Tourism is defined as the act of shopping for a convenient venue for the filing of a libel suit. 

America - like the Philippines, American jurisprudence on cyberlibel is subject to conflicting rulings. There is that critical analysis as to balance whether an imputation is within the ambit/scope of freedom of speech and expression.

Philippines - CYBER LIBEL EXISTS EVEN BEFORE THE ENACTMENT OF THE CYBERCRIME PREVENTION ACT OF 2012. By that, the Cyber Law is simply an expansion of the the provision on Libel and an attempt to frame an act which our courts do not have a fix jurisprudence


***Everyone is entitled to his own opinion. But may we never forget to put these thoughts under critical analysis before deciding to spill it out in whatever means. The International Law as well as the Constitution may have given us the guarantee on Freedom of speech and expression but still subject to certain limitations. 

And regardless of whether there is a Civil Law or not, I believe it is our moral obligation to ensure that whatever we say or do would not cause any harm to another. 

Btw, the article is entitled "An Examination of Cyberlibel in the Philippines: A study of the Current State of Online Defamation" by Kevin Lester Lee and Juan Paulo Villonco, Vol 57 Ateneo Law Journal


Linggo, Marso 16, 2014

For the Love of Service

There is no exact formula in keeping the heart burning for service.  Whether we like it or not, there will always be that instance in our life where we'd feel tired and hopeless. We will be in rage with those who have the resources to help yet still chose to pretend not to see the situation.  We will get frustrated because in spite of all that we have done; there are still those who do not want to help themselves.  We will question ourselves because we have given our all yet still it seem not to be enough. It’s a big world, and we are but a tiny pigment of that world. What can we do?

WHAT-CAN- WE- DO?  Now, you can take it as a question of frustration:  to yell at the world and just say that, “I am just me. What can I do?” Or, you can use it as a challenge to yourself, telling yourself “I am just me, but what can I do?”

***
Be grateful that you have the opportunity to help others. Don’t just help because of the feeling of fulfillment at the end of the day. Don’t do it if you just want to feel needed and important.  Take this as a moral obligation – as a mission. In everything that you do ask yourself, “Will this make me more human?”

Serving others is a difficult task. It requires a lot of sacrifice where you can never disregard the human frailty. We get tired and we also feel pain.  But remember that love is most present when you still choose to love even though you no longer find any reason to love.

Questions in life are not always in black and white.  It’s easy to choose between two goods or between a good and bad. But there are a lot of instances that we are left with no choice.  Every day is a test of your inner goodness. Take every experience as an opportunity to learn and grow. It is ideal to be able to help everyone.  But we have to accept that we have limitations.  Accept and work from there.  Serve with hope in your heart that those you inspire may also inspire others in the process. You may never be in control of what’s ‘gonna happen next. But nevertheless, serve still. It requires no special skill and all you need is your heart. 

There are a lot of instances where we can do an extra mile to help others.  But you don’t have to go far. Remember that every day is an opportunity to lend a hand and share yourself to another. Don’t miss that chance.



Sabado, Marso 15, 2014

We're Halfway there...

We all have biases. We only look at things we want to see, listen to those that we wish to hear and even respond only to that which we think make sense. We see things differently. And this applies not only to the material world. Our preconceived judgments even apply to people. We look at people differently and most of the time we classify people based on our colored judgments.

But how are we ought to understand a person’s worth. Is it based on his capacity to respond to every question you throw at him? On his capacity to think and to prove that he is intelligent? Is it based on a person’s innocence and capacity to love? Is it measured by the glitter that he wears? Is man his brain or his heart?  Surely there are no definite answers. And just like everyone else, my answers to the questions I have raised must have also been conditioned by my experience, my biases and my beliefs.

But how should we see the world? And how should we look at people? Because surely, our perceptions change based on which faculty we chose to use – the mind or the heart.

 ***
Each person has a story. But most of the time, even before a person shares that story, our biases have already clouded our eyes. We immediately point out a person’s flaw and box him in a stereotype. We tend to immediately look at a person based on what we think rather than being welcoming of that which he wants to share. We terminate the opportunity to know a person.  We lay down our impressions and we look at that person like there is nothing more than that which we see in him.  We are not letting the other share his story. Instead, we are creating our own interpretation of the pages and we think ahead, presuming that we know what is coming next. Every encounter is not a surprise but rather a mere validation of what we think towards the other. And because of these, we become indifferent.

Most of the time, we forget to be more understanding. We forget the inevitable reality that each one of us is imperfect. We forget that we are flawed – a fact that applies not only to the other but also to you and me.  Confucius said “To not do unto others what we do not want others to do unto us.” I say, “What you think of others is probably what others think of you too.” It’s elementary logic.  You just have to think that despite all our differences, we are all alike. And in that alikeness, we are all equals. And because we are essentially equal, we ought to respect each other. And if we can only put into consideration the reality that we all have untold stories, then may, just maybe, we can look at each other with more compassion. 
***
Together with the fast paced lifestyle, man has become more intelligent.  But in the end we ask – Who among us have proven to be the better person? YOU DECIDE.