IT Law Journal

administrator April 28th, 2008

Changing Landscape
Mary Ann L. Reyes

If there are still any doubts whether technology has changed the landscape of libel laws and the right to privacy, then these doubts may have been finally put to rest following two of the biggest scandals to have hit Manila in recent years.

The first of course is the controversial blog of Australian Brian Gorrell where he published his accusations against his former boyfriend DJ Montano as well as against Montano’s well-to-do friends.

While becoming the hottest gossip topic in Manila, the controversy may also turn out to be a test for Philippine online libel laws as well as the extent of freedom of speech and right to privacy.

Gorrell published his blog on March 4, 2008 using Blogger.com where he accused Montano of cheating him of his money. The blogger then posted entries involving the “Gucci Gang” consisting of prominent Manila socialities close to Montano – accusing them of cocaine abuse, among others.

Instead of suing Montano, Gorrell opted to use his blog to air his woes.

The blog entries received mixed reactions. Some pitied Gorrell, who was infected with HIV. Others hated him.

But more importantly, the blog raised questions about the application of libel laws and whether it is the Philippines or Australia which has jurisdiction over the matter.

University of the Philippines law professor JJ Disini has commented that the statements posted in the blog are “libelous.” He says that although some of the characters in Gorrell’s blog are famous, the libelous statements have nothing to do with what they are famous for. Those implicated in the blog, according to Disini were treated unfairly and were being used as pawns by Gorrell to get his money back.

Gorrell insists that his freedom of speech permits him to express his opinions in his blog.

The second controversy involves the posting on the popular video-sharing website YouTube of an unauthorized video involving the extraction of a canister from a male patient’s bottom.

While administrative charges are being readied against the three doctors and the nurse involved in the surgery conducted at the government-run Vicente Sotto Memorial Medical Center in Cebu City and the while video has been taken off YouTube, questions have been raised about the liabilities of those involved as far as invasion of privacy or violation of Philippine laws is concerned.

Technology has improved our lives, no doubt about it. Looking at it on the other side, has technology become a threat to our constitutional rights? Perception, unfortunately, does not give anyone the benefit of the doubt nor the presumption of innocence. The negative perception already created by Gorrell’s blog and the hospital video about the hapless victims is not something a court suit can obliterate.

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