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Navarro, Cheryl: Ethics and Government Officers/Employees on Social Networks

27/09/2012
SY2009-2010 3rd Trimester
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FOREWORD

“At our club meetings, we had a cork board and push-pin bulletin board, with 3×5 cards with things like ‘Need ride to next meeting’, ‘Let’s get together for a group-purchase of memory chips’, ‘Anyone else have a KIM-1?’, etc. So, I came up with the idea of computerizing that.” – Ward Christensen [1]

This was the beginning of social networking. As bulletin boards expanded, so did their scope, and soon members began to actually converse with each other, replying and responding to posts as multi-user capability became available. [2]

Communication is the main purpose of social networks such as Facebook, Friendster, MySpace, blog sites, Twitter and Yahoo Messenger, among others. These “public places” have become popular as they effectively serve as venues for advertising, posting of news and photos, comments and almost everything virtual.

But then again, in spite of its “coolness”, social networking also has drawbacks. If it aims communication, it is inevitable to experience miscommunication. Of course, social networking per se is not disadvantageous. It’s just that social networks are generally composed of text and photos whose intended and true meanings may be misinterpreted by the public or a person’s particular audience.

The privacy of the person and security of information are also at risk. What kind of information can a person publicize using his own account? Well, it depends on who owns that information. If the info is his, say, his curriculum vitae, he may publish it everywhere and anywhere allowing publication, at his own expense and at his own risk. Nevertheless, if the information is his employer’s, or anybody else’s for that matter, he may NOT do so unless duly authorized. This rule is elementary.

In government agencies like the Department of Foreign Affairs (DFA), where interaction via social networks, blogging and instant messaging, is not prohibited, though not mandated, social networks are viewed as useful tools in facilitating an open, expeditious and efficient communication between and among officers and employees of the DFA and even to other government agencies, bureaus and offices. Communication equals information. Given the fact that the Philippines has embassies and consulates around the world, effective communication in a split of time is preferred.

But question arises as to where to draw the line that would respect the separation of rights of a person as a free individual and his duties as a government employee and in particular, as a DFA employee. This paper will try to resolve the conflict among and determine the correlation of the security of information, responsibility of a DFA officer/employee with respect to such information and a person’s right to free speech, all in view of the emergence of various social-networking sites. In other words, this paper aims to identify the social networking factors that affect the ethics of DFA officers/employees, as such.

Other questions as to the necessity of banning social networks, and the effects of government/DFA regulatory measures with respect to social networking will also be discussed.

The Office of Personnel and Administrative Services (OPAS), Office of Legal Affairs (OLA) and the Management Information System (MIS) were made the respondent-offices for this paper, in view of their expertise in human resources, legal affairs and information system, respectively.

I. ADVANTAGES OF SOCIAL NETWORKING TO THE DFA

The Office of Personnel and Administrative Services (OPAS) of the DFA, in its answers to the questionnaire (Annex A) made by the author, views social networking in the following affirmative manner:

“ .…social networking can increase the familiarity of the DFA employees with one another. Good working relations in an office is very important, and relating on matters which are not necessarily work-related allow employees to interact on a more friendly and non-threatening basis. Furthermore, membership in a social networking forum allows employees of the DFA to gain access to valuable information in a very short amount of time, in an almost instantaneous manner.”

Similarly, the Office of Legal Affairs (OLA) positively considers social networking in the following sense:

“.…an employee… can likewise communicate easily with family and friends (who are living in the province or abroad), therefore motivating him to do his best in his duties and functions.

In addition, social networking sites can be used as a tool by the Department in promptly disseminating information to the public. In may be also noted that the use of these sites is widespread in today’s generation and the information disseminated can reach a great number of people.”

According to the Management Information System (MIS) of the DFA:

“The DFA officers and employees can now contact colleagues within the Department, Regional offices and abroad through the chat function of a social network and can exchange work-related issues, resolve problems, and make follow-ups.”

II. AUTHOR’S COMMENTS

The DFA communicates to 67 Philippine Embassies and 4 Philippine Missions stationed outside the country. There are also 23 of Consulates-General, 18 Regional Consular Offices and thousands of international organizations. Social networking is a no-nonsense tool for communication and in bridging wide gaps between posts.

Officers and employees alike are being assigned abroad at a certain time for, usually, six (6) years straight. Unlike social networking, communication by phone is not anymore seen practicable as it is more costly and time-consuming. “Facebooking” and “Tweeting” are cheaper and faster. They save government spending in terms of postage stamps, manpower, and phone bills.

Worth-mentioning is the vast number of other government agencies with which the DFA directly communicates. “Yahoo Messenger” is a very useful tool when phone lines are experiencing traffic. A few clicks away and a DFA employee gets to send files to another government agency and vice versa. Much faster compared to attaching and sending files to emails. This way, productivity increases and time is maximized.

Blogs also come in handy in sharing tips to becoming a Foreign Service Officer (FSO). In fact, Atty. Antonina Mendoza-Oblena, FSO I, has a blogiii where she provides tips and ideas on how to become a DFA officer.

Social networking is also a convenient way to establish and maintain important contacts. Interaction requires less formality thereby speeding up reception of feedback. Ordinarily, snail mails reach addressees in 2-3 days time. But with the chat function of YM and Facebook, and with the express transmission of messages via Twitter, communication has never been made faster.

Generally, social networking is advantageous to communication and establishing set of connections both on short-term and long-term bases.

III. DISADVANTAGES OF SOCIAL NETWORKING TO THE DFA

Inference may be drawn from the viewpoints of OPAS, OLA and MIS, that social networking must not be done at the expense of worktime/office hours. The more time an employee spends on social networking, the less productive he becomes.

According to OPAS, “….social networking, especially that kind which is conducted during office hours, causes employees to become distracted by matters other than work. When this happens, productivity is hampered.”

“….an employee can be so preoccupied with navigating social networking websites resulting in decreased work productivity”, according to OLA.

As per the MIS, “Some are consuming (orig. using) too much time and bandwidth [4] by playing Farmville and other network games.”

When asked to give instances in social networking that are considered unethical for a DFA officer or employee to do on social networks, OPAS gave the following answer:

“Soliciting donations may be considered something unethical… especially during office hours.

“Speaking ill of, spreading rumors or posting misleading information about another colleague may be another… Confidential matters at work should not be discussed in social networking fora…” as by doing so, the national security may be put to risk. “The DFA… is (also) responsible for maintaining the confidentiality of its dealings with other agencies and foreign governments.”

OLA named five (5) instances it considers unethical to be done over social networking sites:

  1. Gossiping;
  2. Hacking;
  3. Threatening others;
  4. Blackmailing; and,
  5. Prioritizing these sites over work.

MIS specifically cited “playing games and watching videos, using the DFA’s internet facility especially during office hours”, as some of the unethical instances.

IV. AUTHOR’S COMMENTS

True it is, time and work productivity have something to do with each other. They are proportionally related. In the DFA, “productivity” may refer to the number of passport applications accepted, or of documents accepted for authentication, or of communications made on a single day. However, internet access is not likely applicable to employees at the Office of Consular Affairs (OCA), where passport applications are accepted and documents authenticated. I used to be with OCA for more than a year and I must say that there is no way for these employees, especially those frontliners, to get access to internet while at work. Their productivity, therefore, may not be correlated with how often they use social networking sites.

However, with respect to geographic offices, [5] ie., those that handle the formulation of Philippine foreign policy in the international forum, the effects of social networking may be easily identified. Almost all officers and employees at these offices work in front of computers/laptops with internet connection. In other words, they have easier and oftener access to the world wide web.

OPAS mentioned “solicitation”. According to Republic Act 6713 [6] (Annex B):

Section 7. Prohibited Acts and Transactions. In additions to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of nay public official and employee and are hereby declared to be unlawful:

xxx

xxx

d) Solicitation or Acceptance of Gifts. Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

Solicitation is may also be done over social networking sites without realizing its legal consequences. Not only is it unlawful. It is also embarrassing and upsetting for a DFA officer or employee to make public his soliciting over a public-accessible social network.

Since social networking sites are consistent with our freedom of speech, everyone gets the chance to voluntarily make public his personal information. Unlimited it is, but this too much leeway sometimes becomes a means to stain and attack one’s Department’s prestige and stature. Some people use fictional profiles. Some people will make exaggerated or false accusations. Some people will pass along unsubstantiated rumors. [7] There is a potential for failure of security in both personal and business context. While many sites apply certain measures to keep any of these cases of harassment, cyber-stalking, online scams, and identity theft to an absolute minimum, you may still never know. [8]

A news article (Annex C) in The Jakarta Post [9] dated 09/08/2009 had this title: Facebook Forbidden for Government Employees. According to the article, the municipal administration of Surabaya in Indonesia has blocked government employees’ access to top social networking websites Facebook and Friendster and instant messaging Yahoo Messenger, blaming online services for a decline in civil servants’ performance. ….It followed findings that many government employees did nothing but browse the popular websites during office hours.

xxx

The mayor does not prohibit government employees to surf the websites for information or to communicate on the internet, but in order for them to stay focused he decided to block the three websites during work hours.

It is the duty of a public officer and employee, according to Section 7 (c) of the same law, supra, not to use or divulge confidential or classified information officially known to them by reason of their office and not made available to the public, either (1) to further their private interests, or give undue advantage to anyone, or (2) to prejudice the public interest. If confidential information are improperly and unduly disclosed on social networking sites, the OPAS’ recommendation of sanctioning such act may be justified.

OLA enumerated five instances it considers unethical for a DFA officer/employee to do over social networking sites. The author is of the view that said five instances are rightfully and fairly regarded as unethical. All of them are outside the scope of the duties and responsibilities of a public officer and employee. All of them are missing the point of social networking. They definitely blemish the reputation of the person who does them and the Government agency where that person belongs. I know a lot of people from other government agencies and private companies who belong to a particular social networking site. Since everything a person posts online are considered public [10], it is correct to assume that these people I know and the “world”, in fact, are being notified and/or informed of EVERY and ALL posts, whether tarnishing or not.

V. RECOMMENDED MEASURES/POLICIES

With respect to recommended measures/policies to maintain/ heighten the ethical standards for DFA officers/employees in relation to their social networking, the personnel office of the DFA stressed that “as a rule, office hours should be spent for office duties”. It was also recommended reminding DFA employees that “social networking, though it may have its advantages in facilitating employee relations, should, as much as possible, be limited to non-office hours. At the very least, ….should be limited to breaks.” The DFA has one-and-a-half hours break (from 12.00 hrs. to 13.00 hrs.) within which to have lunch and as the employee may choose, to go online for purposes of social networking. According to OPAS, “social networking during office hours may be sanctioned if the inquiries or comments to be made are work-related”.

OLA briefly stated that workshops or lectures on work ethics may include topics on the proper use of the internet particularly limiting the use of these social networking sites for non-work matters.

Compared to OPAS’ and OLA’s recommendations, MIS gave a paradoxically tolerating yet controlled measure, that is, to “utilize social networking to make your job easier, faster, more efficient and enjoyable but avoid playing games during work”.

VI. AUTHOR’S COMMENTS

While it may be true that office hours must be used for official purposes only, it must also be noted that there are official works that may be accomplished, in fact, much faster, with the use of social networking. With due respect to the DFA’s OPAS, I would like to modify the suggestion of limiting the use of social-network sites to office hours only in the sense that the use of these sites must be limited to official purposes during office hours if by doing otherwise, the main purpose of the office will be prejudiced.

Hence, social-networking during office hours, per se, is not prejudicial, provided, it does not wreck the time that is supposed to be consumed for “business”. Social networking must not be outlawed for unfounded fears that it would negatively affect productivity and efficiency at work. Given the fact that online communication is cheaper and faster, it would save the Government a lot of pennies and time. Section 4 of RA 6713 provides:

Section 4. Norms of Conduct of Public Officials and Employees – (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest- Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) xxx

Posting of inquiries on social networking sites may be sanctioned if and only if these work-related matters are confidential. Otherwise, sanctions would merely curtail the freedom of speech and the right to be informed. It is of each government agency’s administrative office to impose regulatory measures on the use of online communication.

Workshops and lectures, as suggested by OLA, are a good way of reminding DFA officers and employees of their responsible and reasonable accessing people through social networking sites. These must be done at least twice a year. Young employees may not understand the implications of making statements online that reflect poorly on themselves or their employers. They need proper training and clear policies on using such sites. [11]

MIS recognizes the importance of social networking to effectively carry out officers’/employees’ tasks. Nevertheless, at the same time, it recommends that playing games must not be done during work. No tasks can be done perfectly at the same time. It’s either you fail on the former and succeed on the latter, and vice versa.

Similar to the author’s opinion on OPAS’ recommendation, playing games over the internet like Farmville on Facebook, is not per se damaging or injurious. It must be emphasized that it is WHEN exactly an officer or employee does it. If there is too much workload, there is no basis to socialize over the internet to the detriment of the work a person leaves behind. But what if there is no workload during office hours, can a person now comment on someone’s status, tweet, or blog? That question, however, is a question of policy. From the author’s viewpoint, however, he may do so. All work and no play makes Jack a dull boy. The key to social networking is that it is supposed to be fun, whether a person just does it for kicks or clicking around for business purposes. [12]

VII. CONCLUSION

The following hypotheses were formulated and indicated in the Abstract (Annex D) of this paper:

  1. That there is a correlation between ethics and social networking of DFA officers/employees;
  2. That social networking has an impact on the compliance of DFA officers/employees with the ethical standards set by the Civil Service Commission (CSC) and other related laws;
  3. That the ethics of DFA officers/employees is affected (both in positive and negative ways) by social networking; and that there are more positive than negative effects of social networking; and,
  4. That since, there are more positive effects of social networking, “control” rather than “absolute prohibition” will be resorted to by the DFA when it comes to information management system.

CORRELATION. There is a correlation between the ethics of the DFA officers/employees and social networking. The oftener they socialize online, the more they invoke the guaranteed freedom of speech. The more they respect other people’s opinion. The more they become informed of current events. The more they stay connected with colleagues from other government agencies, and with people from other parts of the world.

And the more they become aware of the implications of social networking, the more prudent they become when it comes to blogging, commenting, and posting.

IMPACT. If the ethics of the DFA officers/employees is affected by social network, so is their compliance with the ethical standards set by the CSC.

POSITIVE AND NEGATIVE EFFECTS. In summary, the positive and negative effects of social networking to the DFA are as follows:

ASPECT POSITIVE EFFECTS NEGATIVE EFFECTS
1) Communication Faster, easier, comes in various forms, informative Intrusion into private and confidential information, hacking, abuse of freedom of speech, publications that reflect poorly on the person and the employer, security issues
2) People-to-People linkages Wider network, establishment of friendship and contacts Anonymity, unreliability
3) Time Fast transmission of messages and information hence, time is maximized; immediate results Time-consuming when spent on too much playing and non-business affairs
4) Financial Cheaper —
5) Productivity More active Becomes passive when used excessively
6) Work ethics More active, motivated, flexible, accomplishment of many tasks at almost the same time Lassitude if addicted to social networking sites; can harm social skills as people communicate with people face to face less often
7) Reputation/Image of the Department Positive image results from intelligent and responsible online communication Negative/poor image results from tactless and indiscriminate publications and postings

In a nutshell, too much of anything will not do any good. This conclusion merely affirms the earlier stated viewpoint that social networking is not per se injurious. It is still a constructive tool in communication. As to the DFA, communication is very important. It must not be deprived of access to different social networks for the reason that they are free and public and that they come along with games. The positive effects of social networking still outweigh the negative ones and the latter effects of technology advances may be regulated by law, and administrative policies.

Nothing from the answers of OPAS, OLA and MIS recommend BANNING or TOTAL PHASING OUT of social networks. What was generally recommended was regulation, i.e., scheduled hours for social networking (OPAS), seminars and lectures (OLA) and avoidance of playing games (MIS). These answers are all consistent with the premise stated in number 4 that the DFA would prefer a regulatory measure over an absolute prohibition.

The author gives the following suppositions why banning is not preferred:

  1. Social networking is generally fun.
  2. Social networking is useful.
  3. Social networking is not unethical.

ENDNOTES

[1] Ward Christensen, born in West Bend, Wisconsin, U.S., was the founder of the CBBS bulletin board, the first bulletin board system (BBS) ever brought online. He started development during a blizzard in Chicago, Illinois, and officially established CBBS four weeks later, on February 16, 1978. (http://en.wikipedia.org/wiki/Ward_Christensen)

[2] http://www.maclife.com/article/feature/complete_history_social_networking_cbbs_twitter

[3] http://kurokuroatbp.com/?page_id=1502

[4] In computer networking and computer science, bandwidth, digital bandwidth, or network bandwidth is a measure of available or consumed data communication resources expressed in bit/s or multiples of it (kbit/s, Mbit/s etc).

[5] e.g., Office of Asian and Pacific Affairs, Office of ASEAN Affairs, United Nations and other International Organizations, Office of European Affairs, Office of American Affairs, Office of Middle East and African Affairs

[6] Code of Conduct and Ethical Standards for Public Officials and Employees

[7] http://www.notrain-nogain.org/Train/res/Multi/ethicnet.asp

[8] http://www.everyday-wisdom.com/social-networking.html

[9] http://www.thejakartapost.com/news/2009/09/08/facebook-forbidden-government-employees.html

[10] http://www.notrain-nogain.org/Train/Res/Multi/ethicnet.asp

[11] http://www.omaha.com/article/20100407/MONEY/704079933

[12] http://www.everyday-wisdom.com/social-networking.html

Guevarra, Teresita: Bloggers and the Question on their Responsibility to Abide Media Ethics and Media Law

26/09/2012
SY2009-2010 1st Trimester
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Abstract

For decades and even centuries, journalism has been manifested in different forms. Through time, as technology evolves, various mediums for journalism have emerged – from print, radio, television and the latest of them all, blogs.

Journalism, the profession of writing or communicating, formally employed by publications and broadcasters for the benefit of a particular community of people – has been the primary source of information for the society for so long. ( Wikipedia.com, n.a., n.d.,) However, journalism in its most traditional form is encountering one big problem today.  

“The print medium of newspaper is fading,” writes Marjorie and  Ford (1998) and with that comes the assumption that new media, particularly blogs, plays a big role in its decline. So now comes the big debate whether blogs can replace print media in its role in society and just how much do blogs influence the sociological and ethical aspects of journalism. But first of all, what are blogs?  

A weblog or blog (a derivative of “web” and “log”) is essentially an online diary, where anyone with a basic knowledge of computers can post anything – random thoughts, photos, homework, and poetry, just to name a few – for the rest of the world to see. (The World of Blogs, n.a., n.d.)  

Even amidst all this hype, it is uncertain as to who actually invented or created the “first” blog. Some say it was Justin Hall, who began his proto-blog in 1994 while still a student at Swarthmore College and was termed the “forefather” of modern-day blogging. Others say that it is Tim-Berners-Lee, the credited inventor of the internet. (The World of Blogs,n.a., n.d)  Berners-Lee is also the Web 2.0 visionary. Biz Stone on the other hand, argues that the What-You-See-Is-What-You-Get (WYSIWYG) services like Geocities are the first blogs, just with a different coding. (The World of Blogs, n.a., n.d.,) 

Like its inventor, the origins of the term “weblog” are also uncertain. Most people consider Jorn Barger in December 1997 when he coined the term on his own blog. But the more popular term, “blog” was coined by Peter Merholz who broke the word weblog into the phrase “we  blog” in 1999.  The term “blog” became not only a household noun, but also as a verb. In March 2003, the Oxford English Dictionary included the terms “weblog”, “weblogging” and “weblogger” in its dictionary. Meriam- Webster Dictionary declared “blog” as the word of the year in 2004. (The World of blogs, n.a., n.d.) 

Its effect on the journalism industry was truly unexpected. There was a shocking growth of blogs in the network in the span of 1998 – 2004. From around 50 blogs it exploded to around 2.4 million to 4.1 million. These blogs are under categories such as, political, personal, business, health, literary, travel, legal, research, education and just about any topic you can think of. (The World of Blogs, n.a., n.d.).With blogs addressing different topics and issues and with it being more accessible to the public, the reading public who was once reading newspapers, now read blogs instead as they feel more connected to it rather than the traditional print medium. Also, the newspaper industry finds it hard to attract younger readers. (Alia,V., 2004).  

Blogging has turned the world upside down because what used to be that the journalists were all out to please the newsconsumers, the newsconsumers are now considered the threat in journalism. (Rosen, J., 2005) 

With the advent of new technology, blogs have made their way to becoming one of the more sought after, read and popularized means of information. It is free, has a wider reach of audience and is more appealing to read. But then again, blogs the idea of blogs being an “online journal” and blogs being used as a form of citizen journalism still clashes. It then provokes the question on whether or not its writers — or who we call as bloggers should abide the media laws, those in the media practice follows. After all, blogs are public entities too.

FOREIGN

Defamation in the Philippines

Libel in the Philippines is a criminal offense that carries a penalty of imprisonment of six months to four years or a fine of $5.00 to $143.00 or both fine and imprisonment. Since the courts are given the discretion of imposing either imprisonment or fine, the courts in the past invariably imposed the penalty of imprisonment instead of fine.

Just recently, the Supreme Court issued a circular instructing all judges to give preference to the imposition of fine as penalty instead of imprisonment for those who will be convicted of libel.

Blogs as a Credible Source of Information

Though it defies the communication framework, blogs make the dissemination of news more effective and credible through the audience active participation (Rosen 2005). On the other hand, it’s a matter of trust whether or not one will take the blogger’s report on the news as a fact. There was a report that due to the increase in influence of blogs to consumers and audiences nowadays, there are even PR Practitioners who pay bloggers to alter or take down their posts which may be detrimental to their client’s reputation. (Bailey, 2004) The public is still advised to take proper precaution in what they read, and post as well. There are cases when people are fired from their jobs just because of their blogs. (The World of Blogs, n.a., n.d., ). Readers should take proper precaution in reading blogs so not to be misled. Also, there should be no further argument on a blogger being called an amateur as there is also an amateur journalist. The question should not be based on the matter of trust but rather on the credibility.

Now let us talk about the ethical implications of blogging in relation to its readers, the public and the other people contributing to the external factors in journalism. Can blogs really be trusted the way people trust journalists? Because sometimes, even traditional journalists cannot be trusted anymore. (Bailey, 2003)

(Bailey, 2003) states that “They take time to discover. They take time to tune in to. Few merit this time. Yet the network has shown itself to be self-regulating. While the words published on any subject may be expanding, the blogs of trusted authors can help restore sense out of this confusion.”

In this anti-authoritarian culture, third party endorsement has more value and importance than ever before. Hence, the efforts of PR Practitioners to persuade journalists and opinion formers – even some bloggers—of their messages. (Bailey, 2003).

The newspaper industry is in trouble. We’re having trouble attracting younger readers. They are not interested in the stories we put on the front page, about ongoing breakdown of the Middle East Peace process, which has been breaking down for several thousand years now (Alia, 2004).

From Online Journal to Connecting People

Another supporting information on that matter is what (Bailey, 2003) in one of his articles says that weblogs has come a long way from being just a tool in promoting interaction in the World Wide Web. It is now playing a bigger role by connecting the public to media itself – just as Tim Berners-Lee aspired it to be. How are blogs doing it? Blogs has successfully defied what journalism is.

The simple fact is that you do not need a degree or a certificate to be a journalist these days. You just need to report the news. (Masnick, 2008). This is one advantage that blogs give to its users and readers.

Another reader, Cassie Lealamanua reveals how blogs have influenced her sociologically. She said that “Instead of paying to go to the shrink, you just log onto your blog and see what your friends say about things.” (The World of Blogs, n.a., n.d.)

Disadvantages of Blogs – Digital Millenium Copyright Act

Having its advantages, blogs also has its disadvantages. In the world wide web, everything you write or post is accessible to the whole world. Therefore, it is more prone to plagiarism, a journalist’s greatest enemy.

That’s why in 1998, according to William Overbeck, there was a law passed in the United States called the Digital Millennium Copyright Act which gives those who post materials on the net the responsibility of what they post and gives maximum legal protection to copyright owners and ISPs. This serves as protection from the unethical use of what bloggers post on the internet.

Blogging – Not Just Merely a Scientific Innovation

In a study recently conducted by the World of Blogs, they recommended that the focus on blogging be on a human activity rather than on scientific innovation. Sociologically, blogs has not only reshaped the way many people communicate, but also the manner in how they live in our “information age”. (The World of Blogs, n.a, n.d.)

More on the Sociological Effects of Blogging

From an article of Tim O’Reilley on how blogs are affecting people sociologically through creating an environment conducive to harnessing collective intelligence, he states that “If an essential part of Web 2.0 is harnessing collective intelligence, turning the web into a kind of global brain, the blogosphere is the equivalent of constant mental chatter in the forebrain, the voice we hear in all of our heads. It may not reflect the deep structure of the brain, which is often unconscious, but it is instead the equivalence of conscious thought. And as a reflecton of conscious thought and attention, the blogosphere has begun to have a powerful effect.”( O’Reilley, 2005)

Blogging in Politics

Blogging has done words in reshaping politics, particularly in the West. The first blog-driven political controversy led to the eventual downfall of U.S. Senate Majority Leader Trent Lott, who had remarked at a party honoring Senator Strom Thurmond, that Thurmond’s leadership abilities may have made him a good president. Since Thurmond had spent much of his early political career sympathetic to white supremacists, Lott’s statements were interpreted in the media to be racist. Consequently, in the aftermath, bloggers endeavored to demonstrate that his remarks were not an isolated misstatement by finding evidence including quotes from other previous speeches of Lott’s Intriguingly, the efforts of such bloggers not only kept the story alive in the press until a critical mass of disapproval forced Lott to resign from his position as Senate Majority Leader. It started a hailstorm of similar blogs which took on political agendas. (The World of Blogs, n.a., n.d.)

Blogging in Education

Blogs have also played a part in education. In his studies of blogs used in elementary and highschools in the United States, David Huffaker argues that blogs often provide opportunities for educators to advance literacy through storytelling and dialogue. Storytelling and literacy are the foundation of language development likewise, the foundation of learning. Since the format of blogs is similar to a personal diary, where recounting tales and autobiographical events is customary, blogs provide an arena for self-expression and creativity are encouraged. Its linkages to other bloggers establish the same peer-group relationships found in nonvirtual worlds. (The World of Blogs, n.a..,n.d.)

Blogs are not limited to individual classes or even entire schools, resonating the power of building online communities. According to his results, Huffaker argues that blogs should be used throughout the educational curriculum since they help promote reading and writing showcase the work of students or exchange ideas among students, teachers or school administrators.

Blogging VS. Journalism

According to Scott Rosenberg, “Typically, the debate about blogs today is framed as a duel to the death between old and new journalism. Many bloggers see themselves as a Web-borne vanguard, striking blows for truth-telling authenticity against the media – monopoly empire. Many newsroom journalists see bloggers as wannabe amateurs badly in need of some skills and some editors.” (Rosen, 2005)

On the other hand, Ken Sands believes that bloggers have greater advantage over journalists because, “In my experience it is easier to teach a blogger to be a good journalist than it is to teach a journalist to be a good blogger. Bloggers understand the social network (Niles, R., 2005)

However, Tim O’Reilley (2005) talks about this matter in a whole new different light when he said that while mainstream media may see individual blogs as competitors. He says further that it must also be taken into perspective not only a competition between blogs but also between business models. Web 2.0 is a world where the former audience also has a say on what matters (O’Reilley, 2005).

The aforementioned authors touched on who between the journalists and bloggers practice better work ethics. It also touched on the validity of the argument between blogging and journalism.

Now one might ask, does blogs really mean progress? Some people beg to argue. According to Shane Richmond (2004) there are still journalists, especially those who have been veterans in their field, who are against blogging as a form of reporting. And these journalists still are able to find loopholes – no matter how good the blog is—and publish their thoughts in their respective papers about it.

On the other hand, Jeff Peline (2003) believes that we are at a tipping point where mainstream media are beginning to embrace interactive media and features like blogs. (Niles, 2005). It is clearly evident that for him, blogs means progress.

Contrary to popular belief, the opinion of bloggers posted on the net about certain issues compliments traditional media, rather than serve as a threat to it. An example of a media company which benefited from this is BBC (Bailey, 2003).

In concluding this duel, Rosen (2005) would like to reiterate, that we should not be focused on the question whether blogs can be journalism, as this is not the case anymore due to the many traditional journalists shifting to blogging as its form of media and the many citizens favoring blogs over traditional media. It has become progress rather than competition for many.

LOCAL

Blogs as Means of Progress

According to Annalyn Jusay of the Manila Bulletin (2005), blogging in the Philippines is not yet as big a phenomenon as it is in the US where it has been used for a variety of purposes, such as in the presidential campaigns. However, this does not mean that Filipinos have been left behind in terms of exploring the benefits of this highly-evolving technology.

Victor Villanueva, would like to add in his interview with the Manila Bulletin why blogs are taking over the traditional forms of media, “I think blogs will become another venue for commentators to air their opinions. Instead na TV, radio or print lang ang mga pinagkukunan ng kuro-kuro ng mga tao, blogs will emerge as another source of opinions. Since it’s independent from corporate or major political structures or interests, “malaki ang potensyal ng blogs” to become a venue for more radical opinions “na hindi kayang ilabas ng TV, radio or print.”

Code of Ethics

The National Union of Journalists of the Philippines has created a set of codes which shall be abided by journalists, media practioners and the like. For reference, here is the copy of the Journalism Code of Ethics by the National Union of Journalists of the Philippines.

I.
I shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis. I recognize the duty to air the other side and the duty to correct substantive errors promptly. II. I shall not violate confidential information on material given me in the exercise of my calling.

II.
I shall not violate confidential information on material given me in the exercise of my calling.

III.
I shall resort only to fair and honest methods in my effort to obtain news, photographs and/or documents, and shall properly identify myself as a representative of the press when obtaining any personal interview intended for publication.

IV.
I shall refrain from writing reports that will adversely affect a private reputation unless the public interest justifies it. At the same time, I shall fight vigorously for public access to information.

V.
I shall not let personal motives or interests influence me in the performance of my duties, nor shall I accept or offer any present, gift or other consideration of a nature that may cast doubt on my professional integrity.

VI.
I shall not commit any act of plagiarism.

VII.
I shall not, in any manner, ridicule, cast aspersions on, or degrade any person by reason of sex, creed, religious belief, political conviction, cultural and ethnic origin.

VIII.
I shall presume persons accused of crime of being innocent until proven otherwise. I shall exercise caution in publishing names of minors and women involved in criminal cases so that they may not unjustly lose their standing in society.

IX.
I shall not take unfair advantage of a fellow journalist.

X.
I shall accept only such tasks as are compatible with the integrity and dignity of my profession, invoking the “conscience clause” when duties imposed on me conflict with the voice of my conscience.

XI.
I shall conduct myself in public or while performing my duties as journalist in such manner as to maintain the dignity of my profession. When in doubt, decency should be my watchword.

Bloggers argue that since blogs are informal, they should not be required to abide by ethical standards followed by journalists. But since bloggers are considered citizens journalists and are asking for the same protection and privileges journalists get, many have argued otherwise.

Legal Implications of blogging in the Philippines

In the Philippines, there have been much argument whether or not bloggers are responsible to abide with the media ethics and laws imposed to media practitioners.

Under Article 353 of the Revised Penal Code of the Philippines, libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Thus, the elements of libel are: (a) imputation of a discreditable act or condition to another; (b) publication of the imputation; (c) identity of the person defamed; and, (d) existence of malice. [Daez v. Court of Appeals, G.R. No. 47971, 31 October 1990, 191 SCRA 61, 67] (http://www.abogadomo.com/lawprof_libel.html)

So what part of this law applies to blogs? The Warrior Lawyer, also known as Atty.Dado explained this in one of his blog articles:

“The libel must be given publicity, circulated or publicized. Postings in a forum, message board or blog can certainly be considered as publication. Lastly, the victim or offended party must be identifiable. (http://thewarriorlawyer.com/2007/02/20/libel-on-the-internet-under-philippine-law/)”

He further explained:

“Under Republic Act no. 8792, otherwise known as the Electronic Commerce Act, a party or person acting as a service provider incurs no civil or criminal liability in the making, publication, dissemination or distribution of libelous material if: a) the service provider does not have actual knowledge, or is not aware of the facts or circumstances from which it is apparent that making, publication, dissemination or distribution of such material is unlawful or infringes any rights; b) the service provider does not knowingly receive a financial benefit directly attributable to the infringing activity; c) the service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person or party (Section 30, in relation to Section 5, E-Commerce Law)

Hence, a service provider should not be held liable if he has no actual knowledge of the libel, does not benefit financially from the unlawful act or does not directly commit the libelous act or induce someone to do so. Of course, once the service provider gains actual knowledge of the libel, timely steps must be taken, within the service provider’s authority, to remove the offending material by warning the perpetrator and, if all else fails, terminating the offender’s account. By acting speedily on the matter, the service provider shows good faith and that it does not condone the libelous acts.” (Dado., 2004)

Cases when blogs and service providers were held liable for their content

There have been several reported cases wherein people got in trouble because of what they posted in their blogs. One of them was reported in a recent article by Kate Murphy of Agence-France Presse wherein it was written that a real estate agent in Houston who wrote about Anna Nicole Smith in her blog got jailed for contempt. It was said that Anna Nicole’s Smith mother filed the case against the blogger.

Furthermore, Murphy writes:

“Lawsuits against bloggers in the United States have been doubling every year since 2004 with $15 million in judgments so far against them, according to Robert Cox, president of the Media Bloggers Association.”

“A lot of bloggers think of themselves as individuals or maybe writers but in the courts, they are considered a publisher,” Cox said.

His organization has created an online course with Harvard Law School, City of New York School of Journalism and News University at the Poynter Institute at Northwestern University to educate bloggers about their legal rights and responsibilities.

“A lot of these cases could have been avoided if things had been worded just a little differently or if they had double sourced their information,” Cox said.

“Most of the time, these people are not trained journalists.”

“With Google alerts and rss feeds, it’s a lot easier to monitor what’s being said about you,” said Sam Bayard, assistant director of the Citizen Media Law Project at Harvard University.

Moreover, the technology exists to find anonymous bloggers.

“People can find you,” said Cox at the Media Blogger Association, which this year began offering its members legal expenses insurance for an annual fee of $540 for $100,000 of coverage.

The majority of cases against bloggers are for defamation but they are also frequently sued for copyright infringement and invasion of privacy. (http://newsinfo.inquirer.net/breakingnews/infotech/view/20090601-208211/Blogger-jailed-in-defamation-suit)

There have also been a reported case here in the Philippines involving the E-commerce law. Abe Olandres, the blogger behind Yugatech.com and who also runs a small start-up web hosting in the country, got involved in a suit that was supposed to only be filed to the members of the forum they use to host.

Here is the exact statement from Olandres himself:

“I run a fairly small start-up web hosting here in the Philippines. One of our former clients runs a forum that we used to host. Several members of that forum were throwing vindictives against a their former employer. That employer sent us a demand letter thru their law firm demanding that we terminate the site or be charged with libel as well. The client moved out from us the following day. However, the employer/complainant has now filed several libel law suits against us claiming that we are the owner of the domain and the operator of the site. The site is still up and running though hosted somewhere else, the domain was also transferred away from us. Still, the complainant is alleging we should have enforced some sort of regulations or control over the content when it was still with us.” (http://racoma.com.ph/archives/help-out-a-fellow-pinoy-blogger)

In this case, the question was if the case is still valid considering that the client has already moved out. And how the E-commerce law applies in this situation.

Conclusion

Bloggers have different purposes for creating blogs, but no matter how subjective or objective their blogs may be, nonetheless, they should abide by the libel law and e-commerce law as blogs are considered public.

Following all the code of ethics for journalists are not necessary for bloggers to do. However, observance of their own personal ethics in dealing with the public and being tactful with what they write is best. In the end, it all boils down to common sense.

BIBLIOGRAPHY: 

Books: 

  • Alia, V. (2004). Media ethics and social change.  George Square: Edinburgh University Press 
  • Ford, M., Ford, J.(1998). Mass culture and electronic media. Boston, Massachusetts: Houghton Mifflin Company  
  • Overbeck, W. (2004). Major principles of media law. Belmont, Canada: Wadsworth 

Internet Sources: