Cited Laws
Accordingly, they should be cautious enough to control their privacy and to exercise sound discretion regarding how much information about themselves they are willing to give up. Internet consumers ought to be aware that, by entering or uploading any kind of data or information online, they are automatically and inevitably making it permanently available online, the perpetuation of which is outside the ambit of their control. Furthermore, and more importantly, information, otherwise private, voluntarily surrendered by them can be opened, read, or copied by third parties who may or may not be allowed access to such. [65] Mindful of the both the benefits and dangers that come with the use of social media, the CPRA introduced provisions which mandate its responsible use. Section 36 of Canon II is most relevant to the present case: SECTION 36. Responsible use . A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media. Thus, Atty. Gadon cannot exculpate himself by claiming that he "neither published nor posted nor uploaded" the subject video clip onto any social media platform. As a lawyer, it was reasonable to expect that he understood the consequences of recording the video, its benefits, if any, risks, and ethical implications, including the likelihood of it spreading indiscriminately, becoming available to anyone on social media, and the influence that it could have on lawyers and non-lawyers alike, not to mention the children who have been exposed, or have yet to be exposed, to the said video clip. Atty. Gadon failed to take these implications and consequences into account, and in doing so, he likewise failed in upholding the edict to responsibly use social media. In addition, the January 4, 2022 Resolution found that Atty. Gadon's remarks against Robles could be considered prima facie proof of gender-based online sexual harassment under Section 3(e) and 12 of R.A. No. 11313. They provide: SECTION 3. Definition of Terms . As used in this Act: x x x (e) Gender-based online sexual harassment refers to an online conduct targeted at a particular person that causes or likely to cause another mental, emotional or psychological distress, and fear of personal safety, sexual harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing of one's photos without consent, video and audio recordings, cyberstalking and online identity theft; SECTION 12. Gender-Based Online Sexual Harassment . Gender-based online sexual harassment includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages , invasion of victim's privacy through cyberstalking and incessant messaging, uploading and sharing without the consent o