Sunday, October 7, 2007

Can we apply our Civil Code ‘tort’ provisions to Internet related wrongs?

With the increase of Internet use in Philippine society, comes the resulting increase in the Internet’s potential use for mischievous ends. Therefore, can we apply our Civil Code ‘tort’ provisions to Internet related wrongs?

Looking at the 18 articles of our ‘tort’ provisions in the Civil Code’s Chapter 2 on the Preliminary Title on Human Relations, there are no references to technology. What we can conclude from all this? Our Civil Code’s ‘tort’ provisions are technology neutral. As can be gleamed from the Report of the Code Commission, the crux of Chapter 2 is to serve as guides for human conduct. Since the focus is on human conduct, the main focus of Chapter 2 is on the act of the alleged tort-feasor. The technology or thing by which the alleged tort-feasor accomplishes the act is only incidental. Hence, Chapter 2 must be technology neutral for it to be versatile as a guide. So, can we apply our Civil Code ‘tort’-provisions to Internet related wrongs? You bet.

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