MIL 101 | Pagbabahagi online o pagsasapubliko ng screenshots ng private conversations, ano nga ba ang kaakibat na parusa? - video Dailymotion

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MIL 101 | Pagbabahagi online o pagsasapubliko ng screenshots ng private conversations, ano nga ba ang kaakibat na parusa?   For more news, visit:  ►https://www.ptvnews.ph/  Subscribe to our DailyMotion Channel: ►http://www.dailymotion.com/peoples-television-incorporated  Subscribe to our YouTube channel: ►http://www.youtube.com/ptvphilippines  Like our Facebook pages: ►PTV: http://facebook.com/PTVph  ►Rise and Shine Pilipinas: https://www.facebook.com/riseandshinepilipinas  Follow us on Twitter:  ►http://twitter.com/PTVph  Follow us on Instagram: ►https://www.instagram.com/ptvph  Watch our livestream on:  ►http://ptvnews.ph/livestream/ ►https://www.dailymotion.com/PTVPhilippines  Watch our News Programs, every Mondays to Fridays  Rise and Shine Pilipinas - 6:00 - 7:00 am | 7:30 - 8:00 am Balitang Pambansa - 7:00 - 7:30 am | 12:00 - 12:30 pm | 6:00 - 6:30pm | 9:30 - 10:00 pm PTV Sports - 8:00 - 9:00 am Bagong Pilipinas Ngayon - 12:30 - 1:00 pm Sentro Balita - 1:00 pm - 2:00 pm Ulat Bayan - 6:30 pm - 7:00 pm PTV News Tonight -  10:00 pm - 10:30 pm  Saturday & Sunday: ►Sentro Balita Weekend - 1:30 - 2:00 pm ►Ulat Bayan Weekend - 6:15 pm - 7:00 pm

Transcript

00:00Have you ever thought of posting private messages online to expose someone?

00:06A customer who has not yet paid the order?

00:09A neighbor who is poor and has a lot to say?

00:12A person who is in debt but has not yet paid?

00:15Or if not, your ex-partner who cheated?

00:20Before you type and post anything,

00:24do you think about the possible repercussions of what you will do?

00:30In the digital world, we should not only think before we click,

00:34we should also think before we post.

00:37Because posting private things online and exposing someone

00:42can involve you in legal and civil issues.

00:47What are the legal and civil consequences

00:50of posting private messages and conversations online?

00:54Let's find out here in Emaiel 101.

01:01Dianne, there's a lot of talk lately

01:04about posting private conversations and messages on social media.

01:08Are there people who are dead in the issue?

01:10Some say that this is punishable by law,

01:12so we should be careful.

01:14That's true, Prof.

01:16But it's not the only time that it becomes an issue.

01:18The unauthorized sharing of private conversations

01:22is often done by other online sellers or even random citizens online.

01:27It's really important to talk about this in the digital space.

01:31That's why we're going to talk about this here in Emaiel 101.

01:35And to answer our curiosities and questions about this,

01:38we have with us Atty. Ellen DeVivar.

01:41Good morning, Atty. Ellen.

01:43This is Dianne and Prof.

01:45Ma'am, please turn on your audio in our V-Mix

01:50so that we can hear you.

01:52Okay.

01:53Good morning.

01:55Good morning.

01:56Good morning, Filipinas.

01:58Good morning.

01:59And sorry, we mentioned that it's noisy on social media

02:03the issue of posting and sharing private messages in public

02:07without the consent of the parties involved.

02:10Is this punishable by law, Atty.?

02:14Yes.

02:15If there's no consent and the law is not binding

02:18and there's no investigation about a crime,

02:22it will be punishable.

02:26Atty. Ellen, I'm just curious.

02:28How will those private conversations be shared?

02:32For example, screenshots.

02:34Her defense is similar to mine.

02:37I was also raped.

02:39These are proofs that I was also hurt.

02:44I was also a victim here.

02:46I posted it on social media.

02:48How do we reconcile the two different opinions on this issue, Atty. Ellen?

02:55That's where the case will go if you already filed a case.

02:58For example, if a participant is a victim and she filed a case,

03:06that's where the screenshots of the post should be shown.

03:10But we shouldn't bring that to social media right away

03:13if there's no case yet.

03:16That's one of the exceptions.

03:18There should be a case, an investigation on a criminal case

03:22before we bring it to the public.

03:25What could be the case or cases that can be filed for this kind of situation?

03:30Because I understand, on my end, my point of view here could be libel.

03:36Either the accuser will prove that there's no evidence

03:41or the complainant will prove that what she's saying is true in good faith.

03:45Atty., what could be the case here?

03:49If there's no evidence, the participants in the chat conversation

03:55could be accused of unauthorized processing of personal information

04:01under the Data Privacy Act.

04:04Or if this can damage their reputation,

04:07they could be charged with cyber libel.

04:10So they could be charged with oral defamation through online

04:16or cyber libel.

04:19In other contexts,

04:21there are online sellers and business owners

04:26who post their chats.

04:29Is that also prohibited, Atty.?

04:31You should also say goodbye to your customers.

04:35Yes, definitely.

04:36Because it can damage the reputation of the person.

04:39It's not discussed in the libel if what you're saying is true or not.

04:45Whether she's not paying or she's paying,

04:47that's not the issue.

04:48The issue here is that what you posted can damage the reputation of the person.

04:53Then, the libel or cyber libel will be charged.

04:57Okay.

04:58How severe are the consequences that can be faced here

05:02in terms of the cases?

05:04How many years of imprisonment?

05:06What's the fine?

05:07Go ahead, Atty.

05:09Okay.

05:10In data privacy law,

05:12if there's an unauthorized processing of personal data,

05:15if it's not sensitive,

05:17there's a fine of 1 to 3 years

05:19and a fine of P500,000 to P2,000,000.

05:22If the personal data is sensitive,

05:25there's a fine of up to 6 years.

05:27And the fine is up to P3,000,000.

05:33That's a big fine.

05:35In the case of cyber libel,

05:37the imprisonment can be up to more than 6 years.

05:41And there's also a fine or damages

05:44if the person is asking for money.

05:47Atty., I'm just curious.

05:49Let's say there's a screenshot that was published

05:52and it was shared by the public.

05:56It was shared.

05:57It was discussed.

05:58There were other contents online.

06:01Will the punishment be more severe?

06:04Or will it be discussed in a wider scale?

06:08Because of that post?

06:10It depends.

06:11It depends, ma'am.

06:12The issue here is,

06:13is the person being discussed identified?

06:16Are there sensitive personal information that came out?

06:21It still depends.

06:23Even if it was tested,

06:25if the person is not identifiable

06:27or not recognized,

06:29if it's like a blind item,

06:31there's nothing wrong with that.

06:33But if the person is identified,

06:35and a lot of people know him,

06:42then it will be included in the violations of the law.

06:47So, Atty., should the person's name be mentioned?

06:51Or as long as the people insinuated

06:54that the person being heard,

06:56or the blind item,

06:57is this person,

06:58that person being heard,

07:00could file a case?

07:01Is that so?

07:02The person's name doesn't need to be mentioned.

07:06If the person is identified,

07:08even if it's a blind item,

07:09but if the person is identified,

07:11then it can be included in the violations of the law.

07:14It's very descriptive.

07:16I know that.

07:17But what are your practical tips, Atty.?

07:20This is not just for cases.

07:23In different contexts,

07:25when posting screenshots online,

07:28when there's no consent from the parties,

07:30what are the tips you can give?

07:33Well, my advice to us is,

07:38all of our rights are not absolute.

07:42So, there are limitations.

07:44So, before we really do things,

07:48let's think if it can affect the rights of other people.

07:52Because once it affects the rights of other people,

07:55then it's no longer your rights.

07:59So, all of our rights are not absolute.

08:02There are some rights that are absolute,

08:05but there are more rights that are not absolute.

08:08All right.

08:09Atty., what should they do

08:11if they are the victim of an authorized sharing of private conversations?

08:17Well, they can go to the Data Privacy Commission.

08:20Actually, they have a website

08:22where you can lodge a complaint.

08:24If you fill out the form,

08:28then you can lodge your complaint through online

08:31through the Data Privacy Commission.

08:33And if it's a libelous remark

08:35or it can damage your reputation,

08:37then you can file a complaint

08:39to the police station,

08:41to the prosecution office.

08:43There.

08:44Let's just attach our evidence to our complaint.

08:49Well, Atty., thank you for sharing your insights about this topic.

08:53Well, it's very simple.

08:55For us, posting conversations online,

08:58there are times when we shouldn't just share

09:02and post because we don't want it to affect our reputation, right, Prof?

09:07It can affect our emotions.

09:09Anyway, let's remember your reasons.

09:12In sharing, it can lead to an issue

09:15and have a negative impact.

09:17As we said, we can't just think before we click.

09:21We should think before we post.

09:24We would like to thank Atty. Ellen Divivar-Pachon.

09:27Atty. Ellen, thank you again.

09:29Thank you so much.

09:30Thank you. Good morning.

MIL 101 | Pagbabahagi online o pagsasapubliko ng screenshots ng private conversations, ano nga ba ang kaakibat na parusa?

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