THE RIGHT TO BLOG

Modern technology opened the doors for photographers, artists and bloggers alike to publish and display their works in a wider perspective with far raging coverage in the world wide net. One can easily publish his work and enhance its presentation through the use of graphic software or designs readily available in the net and display the same in blogger’s sites such as Blogspot, Pinoyblogosphere and other sites. Knowledge in Adobe Photoshop coupled with creative writing skills can easily surpass a newspaper or television presentation with far ranging effect. In fact, it can stay in the net for unlimited period with its own domain, which can be viewed repeatedly all over the world. However, others are hesitant to publish their work because they treasure their creativity and ideas, which might only be copied by others. Or, it may pry upon other’s privacy and they are afraid of getting into trouble. Don’t be.

Ownership over your writings, photographs or artistic works are protected by the Intellectual Property Law. Insofar as the subject or person in your picture, however, is concerned: so long as they are public figure or has acquiesced to be taken picture of, you have every right to publish it in the exercise of your freedom of expression. The definition of ‘public figure’ covers a wide latitude of persons.

In Prosser and Keeton on Torts 859-861 (5th ed., 1984) cited by Father Joaquin Bernas (Bernas: “The 1987 Constitution of the Republic of the Philippines”. p. 238 [2003 edition]) : “A public figure has been defined as a person who, by his accomplishments, fame, or mode of living, or by adopting a profession, calling which gives public a legitimate interest in his doings, his affairs, and his character, has become a ‘public personage’. He is, in other words, ‘a celebrity’. Obviously, to be included in this category are those who have achieved some degree of reputation by appearing before the public, as in the case of an actor, a professional baseball player, a pugilist, or any other entertainer. That list is, however, broader than this. It includes public officers, famous investors and explorers, war heroes and even extra ordinary soldiers, an infant prodigy, and no less a personage than the Grand Exalted Ruler of a lodge. It includes, in short, anyone who has arrived at a position where public attention is focused upon him as a person.

“Such public figures were held to have lost, to some extent at least, their right to privacy. Three reasons were given more or less indiscriminately, in the decision that they had sought publicity and consented to it, and so could no complain when thy received it; that their personalities and their affairs had already become public, and could no longer be regarded as their own private business; and that, the press had a privilege, under the Constitution, to inform the public about those who have become legitimate matters of public interest. On one or another of these grounds, and sometimes all, it was held that there was no liability when they were given additional publicity, as to matters legitimately within the scope of the public interest they had arosed.” (Read the full text to know the wide latitude of definition of public figure).

So, be not afraid to express yourselves, post your pictures or publish your works here at blogspot.com or pinoyblogosphere. As long as it is your own creation, be proud to be a “Filipino”

(Inset picture: The author with Jeli Mateo in Robert T. Rivera’s Pilipinas Ngayon Na! T.V. Show at NBN Channel 4)

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