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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Here are the common and relevant laws every content creator should be familiar with:
1. Data Privacy Act (Republic Act No. 10173)
2. Intellectual Property Code (Republic Act No. 8293)
3. Revised Penal Code and Special Penal Laws
4. New Civil Code of the Philippines
5. National Internal Revenue Code, as amended
In today’s digital age, many people are drawn to the idea of becoming content creators, especially through vlogging. With just a camera and an internet connection, anyone can share their experiences, knowledge, and creativity with the world.
Vlogging may seem like a fun and easy way to express oneself, but remember that creating content for public consumption comes with legal responsibilities. From protecting personal data to respecting intellectual property rights, vloggers need to be aware of various laws and regulations that govern their activities. Therefore, before diving into the world of vlogging, it is important to understand the legalities that surround this growing industry.
Initially, nearly all laws affect the vlogging industry due to its broad scope, covering numerous areas, as almost anything can now be considered content. However, certain laws specifically pertain to content creators, outlining fundamental regulations that are prevalent and significant. Here are some of the fundamental laws that vloggers and other content creators should be familiar with:
- Data Privacy Act (Republic Act No. 10173)
- Intellectual Property Code (Republic Act No. 8293)
- Revised Penal Code and Special Penal Laws
- Civil Code of the Philippines
- National Internal Revenue Code, as amended
- Local Ordinances
On Privacy Protection: Data Privacy Act and Drone Regulations
The law says:
SEC. 2. Declaration of Policy. – It is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.
The Data Privacy Act of 2012 safeguards the personal information of individuals and sets guidelines for its collection, processing, and storage. Content creators must respect the privacy of their fellow creators and viewers, and ensure compliance with data protection regulations.
Vloggers must ensure that they handle personal data responsibly and comply with data privacy regulations to protect the privacy rights of their fellow creators and viewers. Suppose a vlogger decides to conduct interviews with members of the public for their content. The vlogger needs to obtain consent from interviewees before recording and sharing their personal information, such as names or faces, to uphold their privacy rights.
Further, using drones for aerial footage should follow local government regulations on drone usage. Before flying a drone, research and adhere to local ordinances governing drone usage, such as height restrictions and no-fly zones, to prevent violating airspace regulations. Local ordinances may regulate the use of drones for aerial filming, particularly in populated areas or near sensitive locations. Content creators using drones should familiarize themselves with these regulations to avoid legal issues and ensure the safety of airspace.
Rights under Intellectual Property Law
The law says:
SECTION 2. Declaration of State Policy. ‑ The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.
Intellectual property laws govern the ownership and use of creative works, including videos. Vloggers need to understand copyright laws and obtain permission before using copyrighted material in their videos to avoid infringing on the rights of others.
For example, a vlogger wants to include a popular song as background music in their video montage. To avoid copyright infringement, they purchase a license or seek permission from the copyright holder to use the song in their content legally.
On Avoiding Criminal Offenses
The Revised Penal Code outlines criminal offenses, and content creators should ensure that their content does not promote or glorify illegal activities to avoid legal repercussions. If vlog content involves illegal activities or violates criminal laws, creators may face legal consequences under the Revised Penal Code and Special Penal Laws.
On Damages to Others: New Civil Code of the Philippines
The law says:
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.
Art. 22. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.
Art. 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.
Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.
Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution.
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:
(1) Prying into the privacy of another’s residence:
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.
The Civil Code governs legal remedies for individuals who suffer harm or injury due to the actions of others. Content creators should exercise caution to avoid creating content that could cause harm or damage to others, potentially leading to legal liability.
For example, a vlogger publishes a video criticizing a local business, alleging poor customer service. If the business suffers reputational damage or financial losses as a result of the vlogger’s claims, they may pursue legal action for damages under the Civil Code.
Remember, vloggers should be mindful of causing harm to others through their content, as they may be held liable for damages under civil law.
Tax Compliance and Payments under the National Internal Revenue Code
Content creators who earn income from their content are subject to taxation under the National Internal Revenue Code. It is important for creators to understand their tax obligations and ensure compliance with tax laws to avoid penalties.
Specifically, Revenue Memorandum Circular No. 60-2020 issued on June 10, 2020, notifies persons conducting business through any forms of electronic media regarding their tax obligations and the registration of their business with the BIR, pursuant to the provisions of Section 236 of the Tax Code, as amended.
That is why a vlogger who monetizes their content through advertising revenue and sponsorships should keep detailed records of their earnings and expenses related to their content creation activities and file their taxes accurately and on time to comply.
Remember, vloggers who earn income from their content are subject to taxation and should ensure compliance with tax laws.
Read also:
Copyright vs. Patent vs. Trademark
Rights of Performers under the Intellectual Property Code
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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