Is it rightful to Criminalize Plagiarism PDF

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Page 1 of 4 Fernandez, Mcvin G. Legal Research 1st Year – LLB Room EH307

Is it rightful to Criminalize Plagiarism in the Philippines?

Introduction: Humans, given that they have intellect and free will, have the capacity to acquire and propagate—or even copy—certain knowledge. Especially when an individual is tasked to write an academic paper, one may be tempted to imitate another‘s work. It is not prohibited; in fact it is encouraged so that the one who is writing the paper may provide supporting details for his or her work. However, if one fails to acknowledge certain authors whose ideas were included in a paper, then it is considered plagiarism. Plagiarism is a concept more understood in academic circles as an offense against academic integrity anathema to the strict standards of originality of scholarly works which members of the academic community subscribe to. However, recent events brought to fore the importance of knowing exactly what plagiarism is and to clarify the misconception that there is no crime of plagiarism under our laws. Up until recently, the concept of plagiarism has only gained currency primarily i n the academic field, where standards for original scholarly work leading to an undergraduate or graduate degree are strictly enforced. However, various events have sparked spirited debates on the nature and extent of plagiarism outside the academe, arising from cases of alleged plagiaristic acts committed by high-ranking public officials. At its most basic, plagiarism means the theft of another person's language, thoughts, or ideas. To plagiarize, as it is commonly understood according to Webster, is "to take (ideas, writings , etc.) from (another) and pass them off as one's own. " The passing off of the work of another as one's own is thus an indispensable element of plagiarism. Plagiarism thus refers to the act of appropriating the ideas of another and presenting them as one's own. It is an act of intellectual dishonesty, which assumes more gravity when committed in the context of an activity that puts premium precisely on the production of original creative work (e.g., an academic paper, a literary or scientific publication, an artistic work, etc.). Therefore, plagiarism, at its core, is a breach of standards of honesty, integrity and justice. It undermines the common expectation that credit should be given where it is due, and that one should not appropriate the fruits of another's labor without securing due consent or giving due acknowledgement. Plagiarism is intellectual theft. It breaks the commandment ―Thou shalt not steal.‖ It is definitely a sin, but is it a crime?

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Main Point/discussion: On October 3rd, the Philippines Cybercrime Prevention Act (RA 10175) took effect and, with it, the country instituted criminal penalties for a variety of online acts, including spamming, identity theft and, most controversially, libel. However, the law may have had a somewhat unintended side effect - criminalizing some forms of plagiarism. The reason is that the new law adds penalties to ―special laws‖ under the the country‘s legal code, one of those special laws is the Intellectual Property Code, which the nation‘s copyright law is under. This, according to Department of Justice, means that plagiarism itself is not a crime but that plagiarism that also amounts to copyright infringement is. Such plagiarism now carries a penalty of 3-6 years imprisonment and a fine of P50,000 - P150,000 ($1,200 - $3,600), if prosecuted under the law. However, Justice Secretary Lella de Lima was also quick to point out that this does not apply to copying news items or to works created by the government. The move comes shortly after a plagiarism scandal broke out involving Filipino Senate Majority Leader Vicente Sotto who was accused of lifting from five bloggers, including at least two in the U.S. and from a speech by Robert Kennedy. Sotto‘s speeches, which were part of a heated debate on new birth control legislation, became the subject of national attention and criticism, which only grew after Sotto lashed out at his accusers, even saying that plagiarism was not a crime in the Philippines. Sotto was a supporter of the Cybercrime legislation. Most nations have laws against plagiarism when it rises to the level of copyright infringement and many have ―moral rights‖ laws that can add penalties for plagiarism beyond copyright. However, those laws are typically civil in nature and not criminal. In most nations, criminal penalties in copyright matters are reserved for cases where the infringement is of a massive commercial nature, such as with commercial counterfeit CD/DVD rings and high-profile online piracy cases. Single allegations of plagiarism rarely qualify for criminal action. According to Section 217 of RA 8293, ―Any person infringing any right secured by provisions of Part IV (―The Law on Copyright‖) of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by:

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―(a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for the first offense; ―(b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos (P500,000) for the second offense; ―(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five hundred thousand pesos (P500,000) to one million five hundred thousand pesos (P1,500,000) for the third and subsequent offenses.‖ Many have expressed concern that the new law could be used to stifle Internet freedoms in the country and some have even likened the restrictions to those placed by Philippine Dictator Ferdinand Marcos in the 1970s. The bill was signed by the nation‘s President on September 12th and took effect October 3rd. Following the implementation of the bill, some 10 petitions have been filed with the Supreme Court in the Philippines seeking to overturn the law. However, an earlier attempt to obtain a restraining order barring the law from coming into effect was already denied. Advisory: 1. PLAGIARISM SHOULD BE AVOIDED, REGARDLESS OF THE PRESENCE OF SANCTIONS AGAINST IT. 2. CULTIVATE THE HABIT OF ATTRIBUTION. WHEN IN DOUBT, CITE. 3. EVERYONE CAN BE A VICTIM OF PLAGIARISM 4. ALWAYS BE VIGILANT IN DETECTING CASES OF PLAGIARISM. 5. ENCOURAGE INSTITUTIONS TO ADOPT ANTI-PLAGIARISM MEASURES.

Stand: Yes, it is rightful to Criminalize Plagiarism in the Philippines. Opinion: Plagiarism should not be tolerated and encouraged in a society which values honesty, diligence and integrity. The Original Authors have the Right to press criminal charges because their moral rights have been violated under Philippine and international law. Plagiarism is a criminal offense under the Philippine Law and it is a fair judgment to give sanctions, fines, imprisonment to Serial Plagiarists who in one way or another have committed Plagiarism under the Rule of Law.

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Conclusion: Plagiarism is punishable as a crime if it was committed with deliberate intent and amounts to copyright infringement under the IPC. If copyright infringement was committed, the violator can be held liable under the IPC; in addition, he/she can also be held liable under: (1) (2)

The Cybercrime Prevention Act, if the plagiarism was committed through an ICT network or facility like the internet, and/or The E-Commerce Act, if the plagiarism takes the form of "online piracy" as described in Section 33 (b) of the law.

The Filipinos must fight for the implementation of a law criminalizing plagiarism to improve the protection on Intellectual Properties in the country and prevent ‗forgiving‘ even the government officials who are supposed to be role models yet commit this moral offense. More so, to teach Filipinos the immorality of stealing, even in the most abstract of things.

Sources: http://doj.gov.ph/files/2012/Advisory_Opinion_02(series_of_2012)Advisory_on_Plagiarism.pdf;https://asubconscience.wordpress.com/2012/10/24/plagiarism-theunpunished-form-of-theft-in-the-philippines/;http://www.philstar.com/education-andhome/2012-09-13/848455/plagiarism-crime; http://www.ithenticate.com/plagiarism-detectionblog/bid/87800/Criminalizing-Plagiarism-in-the-Philippines#.V3_U80Z97IU; http://definitions.uslegal.com/p/plagiarism/; https://www.diigo.com/list/shanetye/Credible+Connections/2pd8y5e4p; http://www.bworldonline.com/content.php?section=Nation&title=plagiarism-a-crime-underphilippine-law-de-lima&id=59414; http://www.ipophil.gov.ph/images/Patents/IRRs/RepublicAct8293.pdf; http://researchcooperative.org/group/research-co-op-philippines/forum/topics/republic-act-8293intellectual-property-code-and-fun-in-the-phili; http://www.doj.gov.ph/news.html?title=DOJ%20issues%20Advisory%20on%20Plagiarism&ne wsid=133; http://www.chanrobles.com/legal7copyright.htm#.V3_e3EZ97IU;...