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Web Content Laws

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Web Content Laws

  1. 1. Web Content Laws Legal information about what you can and can’t put online
  2. 2. FREEDOM OF SPEECH Art. 3, Sec. 4 of the Constitution: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
  3. 3. Limits to the freedom of speech • Libel • Copyright Infringement • Obscenity
  4. 4. LIBEL • Art. 353 of the Revised Penal Code: A libel is 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 cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
  5. 5. Defense for Libel • Truth • Qualified privilege • Made in good faith, with reasonable belief that they are true • Opinion • Fair comment on a matter of public interest
  6. 6. COPYRIGHT • Section 172.2 of the Intellectual Property Code: Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose
  7. 7. Copy and economic rights • Reproduction • Distribution and sale • Rental • Public display • Other communication
  8. 8. Derivative works • Automatically new works, therefore protected • Provided, that they do not interfere with the existing copyrights
  9. 9. UnProtected WORKS • Ideas, principles, discoveries • News of the day • Official texts of the government
  10. 10. Not infringement • Private, non-profit performance • Quoting and citing • Information purposes/lectures • Reporting on current events • Teaching purposes
  11. 11. OBSCENITY • The average person, applying contemporary community standards, must find that the work, taken as a whole, appeals to the prurient interest
  12. 12. OBSCENITY • The work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law
  13. 13. OBSCENITY • The work, taken as a whole, lacks serious literary, artistic, political, or scientific value

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