Determining Your Perfect Essay Example | Topics and Well Written Essays - 1000 words

Determining Your Perfect - Essay Example Lately, the same case happened with me. While our company was heading towards restructuring, I was asked by my employers about the position that would suit me the best. A detailed analysis of that job position is mentioned in subsequent paragraphs. I was working at the position of Assistant HR Manager at a local company. When our company undergone for restructuring and expansion, I was asked by my employers if I would like to change my job position. They had seen my performance for the past 4 years and therefore provided me with this opportunity of selecting my desired position. It was a chance which comes once in a lifetime and I never wanted to waste it. Therefore, I asked a time period of 24 hours in order to brainstorm and think carefully about what my skills, abilities, strengths and weakness and then answer them about their question. The very next day, I met my Senior HR Manager, with whom I have been working very closely for past 6 months. He listened and acknowledged my position as ‘HR Specialist’. The job is, indeed, of greater responsibilities covering all the disciplines of HR including hiring, recruiting, postings, employee relations, employee referral programs, training, monitoring special developmental programs when needed etc. This job not only required me to assist the subordinates but also required substantial amount of responsibility. In order to assist the subordinates, it is essential to analyze the leadership skills of a person. My employers would also have considered this point before finalizing me for this job. The way I have analyzed my leadership style and skills is mentioned below in a detailed manner. Learning Agility; HR Specialist needs to be very adaptive to the changing situation because they also have to lead the change to their subordinates. If they, themselves won’t be able to accept the change then communicating this message to employees at lower level of hierarchy can be

HRM is more than just hiring, maintaining and firing staff it is a Essay

HRM is more than just hiring, maintaining and firing staff it is a profession in its own right - Essay Example As a field human resource management has been undergoing significant transformation over the years. It has been increasingly designing such management systems which ensure that the company’s human resources are being used effectively and efficiently in organizations for accomplishing the organizational goals. This fact holds true whether employees are belonging to a large organization having more than 10,000 positions or whether it is a small and non profit making organization having less than 10 employees. Right from the time of absorption of the employee in the organization till the time when he retires or resigns the entire growth path of the employee is carved out by the HR departments. This includes his career growth, compensation, satisfaction level in the organization, productivity, and measurement of his productivity and training and development in the organization. Thus it is difficult to define his job and responsibilities objectively. Thus ‘HR’ as a pro fession includes a whole set of activities and not just the responsibility of recruiting, maintaining and firing candidates. The present project seeks to put forth arguments towards the role of ‘HR’ as being a profession. The critical analysis would be presented using the various arguments for or against the subject (Jackson & Mathis, 2007, p.24). The role of HR as a profession was identified long back. Since the start of the 20th century, Frederick Taylor was of the opinion that HR managers knew exactly the activities that people were required to do and the cheapest and the best possible of doing them (Kramar, 2005, p.2). He proposed the use of analytical procedures for improving the performance of employees which eventually leads to improvement of the company’s performance. His proposition was to emphasize on the aspects of human resource management and its

Friction on the ramp Essay Example for Free

Friction on the ramp Essay As you can see from the graph, as h1 is increasing, the horizontal distance also increases. The graph is more or less a straight line because the horizontal distance travelled by the ball baring in each interval should more or less be around the same. However it didnt show that the y-component is directly proportional to the x-component. This could be of the inaccuracy of the equipment, measurement and air resistance when in travelling in the air and friction on the ramp. The accuracy of the meter ruler is quite poor when it comes to measuring the point at which the ball has landed. Therefore the uncertainties would be measuring precisely the point at which the ball baring had landed. It will be more or less i 1mm. The position for releasing the ball baring is another issue. If the ball is being released from a higher or lower position compared to the previous test, it will have an affect on the initial velocity when leaving the ramp. Higher velocity will result in a bigger horizontal component and therefore uncertainties would be more or less i 1mm. The total uncertainty would be i 2mm. The plastic ramp also creates a problem. The end of the ramp is difficult to maintain a precise horizontal position because of the bendiness of the plastic ramp. This is an important factor because it has an affect on the initial velocity and therefore will change the results. It will create a vertical acceleration if it bends resulting in an increase in the horizontal component. In theory, we have assumed that the air through which the projectile moves has no effect on its motion, a reasonable assumption at low speeds. However, for a greater speed, the disagreement between calculations and the actual motion of the projectile can be large because the air opposes the motion of the projectile. So, a bigger h1 means the projectile will be in the air for longer; therefore the air resistance will affect the projectile more and consequently will reduce horizontal distance travelled. I believe this is the reason that the line on the graph isnt directly proportional to the x and y components. Therefore in the absence of air resistance, I believe that the graph produced would be directly proportional to both x and y components. In order to calculate the theoretical range, we have to find the horizontal and vertical component separately. I can use the following equations to find out both of the horizontal and vertical components.

Importance of Youth Sports | Essay

Importance of Youth Sports | Essay Sports as an activity can be traced back to the earliest existence of human beings, for as long as they have been active and sportive. It is a great way for people to master the benefits of nature and their surrounding or environment for that matter. By studying the history of sports, we can learn about the social changes that man has gone through in the past as well as the transformations that sports in itself has undergone. These changes are mostly evidenced in the changes of the rules that govern the various sporting activities as well as in the manner in which they are played. It involves the development and exercise of natural human talents and skills as opposed to exercising them for their importance. Sports has mainly been a preserve of those in their youth as that is the point at which one still has the strength, agility, mindset and the motivation to be actively involved in it. In most sporting activities, one is said to be at their prime in their youth. Sports can be broadly categorized as either team sports or individual sports. Team sports include soccer, basketball, netball, hockey, baseball, volleyball among others. Individual sports include games like badminton, tennis, squash, table tennis, darts, scrabble, and chess among others. The other classification of sporting activities can be physical or non-physical. The physical sports are those that require movement of the body muscles for which fitness is of the essence. Majority of sports fall in this category. Non-physical sports include board games like chess, draft, scrabble among others; these are mostly played in the mind but nevertheless are still sports. All over the world, sporting activities have provided great entertainment for audiences. The 2006 FIFA football world cup in Germany alone had a cumulative television audience of 26.29 billion in-home and 2.1 billion out –of-home viewers (fifa.com). Football is not in this category alone, sports like basketball, baseball and other mainstream sports have been known to have a lot of their tournaments declared sold out due to over subscription by fans intent on going to watch their favorite players thrash their opponents. The entertainment provided by these sporting activities ensures people spend their free time progressively instead of wasting it on activities that will in the end not add any value to their lives. Sports among the youth is a key factor that has been noted to promote prosocial characteristic traits among individuals. According to Bar-Tal, (1976) and Bierhoff, (2002), prosocial are positive forms of social behavior that are not motivated by personal obligations, rather they are voluntary and they have positive results. These include; cooperation, sharing, respect, altruism and many others (Larrieu Mussen, 1986). Sports among the youth is therefore a very important tool through which individuals, especially the antisocial ones can hone their social skills through interaction with their team mates as well as the opposing players. Through this interaction, ones communication skills are also enhanced and developed and these are acquisitions that will benefit the individual later on in life. Obesity has reached worrying proportions and this is a particular concern to health experts especially since this is caused by an increased rate of inactivity among the youth (National Institute of Health, n.d.; World Health Organization, 2000). According to Storm Jenkins, (2002), the childhood obesity rates which currently stand at approximately 15% are an increase of over 40% through the past 40 years. Childhood obesity is not only a cause of health problems at the present in the form of Type II diabetes but due to its relation to adult obesity, these individuals are likely to become struggling adults with obesity if they do not change their sedentary lifestyles. By engaging in sports activities especially for the purposes of having fun, these children will not only enjoy themselves but they will also have the added advantage of working their way to a better lifestyle that will improve their health. Youths who engage in sporting activities are encouraged to learn good sportsmanship qualities and by learning these they also get to familiarize with the five Cs of positive youth development. These five Cs are; competence, confidence, connection, compassion caring, and character. These are important life tools and skills that any growing and developing youth need in order to be able to relate with his juniors, peers as well as seniors well. They enable the individual to grow into a respectable adult capable of making wise decisions that will positively influence not only himself but also those around him. Through sports, one acquires the confidence to tackle the obstacles that life throws at him having become accustomed to challenges from various types of opponents. Sports among the youth are a good way of passing free time. According to health organizations, there is a growing trend of moral decadence among the youth which is leading to very promising lives being wasted due to drugs. Most of these drug activities are carried out due to individuals having a lot of idle time in which they do not participate in any physical activities, as a result, they resort to destructive drug habits. Case studies have shown that most of the youth who engage in sporting activities have a much lower likelihood to engage in drug activities as it interferes with their performance on the fields and at the same time, especially for those interested in pursuing sports as careers, it us likely to cut short their dreams. Sports therefore acts as a deterrent from drugs. Careers have been developed through sports. In the early 90s, one of the most popular individuals all over the world was Michael Jordan, and it was not because of his ever shining bald head. Jordan possessed dribbling skills that mad non-sports enthusiasts feel like they should get off their couches and go â€Å"shoot some hoops†. Basketball was Michael Jordans career, and he enjoyed it because later in an interview, he calmly stated that he was having fun since he was getting paid to do his hobby. Currently there are millions of athletes who have turned into millionaires simply by engaging in activities that they once considered hobbies. They are earning even more than some of the employees on Wall Street. Sports can therefore end up providing the youth with a way of fending for themselves in this world where white collar jobs have become scarce and the manual jobs are being constantly replaced by technology. Careers can therefore be created through sports. Sports does not only create employment opportunities for the participants, off the field, there are team managers, tacticians, fitness experts, dietary advisors and a whole lot of other experts who benefit from the youths involvement in sports. Jobs are created for grounds men who have to ensure football pitches have been watered to the required standards, the referees, umpires and other officials whose duty it is to ensure that the rules and regulations governing the various games are followed, and to ensure that order is maintained. Psychologists are also at hand to provide in depth analysis of the reasons why various actions are taken by various individuals. Medical practitioners make killings by bringing in products, albeit illegal, that can help athletes to improve their performances in their various sports. These are just a few of the beneficiaries of youth engaging in sports, but it is therefore true to say youth and sports are employers to very many individuals all over the w orld. Some individuals, especially the introverts have problems associating with people, they would rather stay within their shells and remain alone. When these people engage in sports, they may end up being so excellent in them and that would provide them with a sort of an identity which they can be proud of. These individuals will have a common ground with which they can socialize and that helps them open up to the rest. It is not unusual to find people for whom when they have problems, they run, not to their families first, but to their teammates. They get a sense of belonging there and that makes sports a big player in fostering relations and creating environments in which people can socialize. This is also true for people who may not have anything in common, except love for a particular team or sports and they form friendship since they meet at the venue of the game on regular basis. Many life long friendships have been formed in football stands. Having the youth participate in sports provides them with the necessary experiences that they can apply to great benefit later in life. In sports, one comes face to face with the realities of life that includes success and victory, shame, failure and defeat. Disappointments are common and these are important things that one has to get used to. Life is not a one way street to success and these experiences provide one with the foundation on which to base future decisions. One learns important lessons like how to react to failure and how to survive without giving up in the face of adversity, how to celebrate victories without making opponents feel like they are worthless, how to hang on and give your best to your team even though they may not be having a great day, and how to console teammates after losing an emotional game. These and others make people bond together into a tight knit unit that appreciates every individuals strengths and weaknesses. Sports makes people to appreciate the fact that not all humans are perfect and people make errors, the important thing is how to put those errors in the pat and move on without getting scarred for life, and those are lessons learnt from sports. Sports therefore touch the lives of people, spectators and players alike and create bonds among them that are impenetrable even in difficult times. It is common to see players cry when a teammate gets injured or is no longer going to continue playing with them, the outside world may know the players strengths on the field, but it is the teammates who train daily with him who know his contribution both on and off the field. Playing in sports involves taking risks and being able to live with the consequences. One will have to make certain decisions without knowing how the opponent will react, but he shall go forward nevertheless with the decision and hope the opponent swallows his bait. This makes individuals better prepared for the situations that they will be involved in later on in life that may require them to make decisions without being aware of the consequences. Athletes are also usually under the advice of their coaches and managers who have a say in the decisions they make. Sports therefore makes individuals obey authority and this moulds them into responsible adults who have fear and respect to authority. This makes the society a better place to live in as people are surrounded by individuals who are not self serving, but care how the outcome of their actions will impact on the society around them. When engaging in sports that are physical in nature, an individual has to be in shape and physical fitness will be a quality that will determine winners and losers. The fitness expectations will make an individual to live a healthy lifestyle, eating healthy foods, doing physical activities that will better make them able to compete well. Sport s therefore encourages healthy lifestyles among the youth and leads to the development of a better society of healthy people. Games also need individuals to analyze their opponents and develop tactics with which to beat them having discovered their weaknesses. At the same time one will know how to use their strength to their advantage and how to use it to cover their weaknesses. Therefore individuals will learn how to strategize and overpower opponents, skills that are necessary for survival not only in the competition but in the world as well. Sports is a great way of bringing people together and spreading the messages of goodwill. The world is currently faced with a situation where no single race is social or dominant in a given sport, many other individuals are coming up to challenge the status quo and this may not go right with certain individuals who are of the opinion that their races are superior. Therefore sports is increasingly being used as a way of encouraging people to live and associate together in harmony and to shun evils such as racism. Sports is also being used to pass messages of peace among humans. These make it important among the youth as it makes them understand the issues that are unfolding before them in a language they can relate to. Among the youth, sports is also being used as a tool for reaching out to the less fortunate. It is very common to hear of tournaments organized to raise funds towards certain causes like helping victims of hurricane disasters, tsunamis among others. Sports therefore acts as a way in which the youth can use what they have in the form of their talents to give back to the society that has helped mould them into who they are. Very many children are growing up and are in need of role models to give them something to look forward to. Outstanding sports personalities are usually great role models for such children in that from most of them come stories of winning a struggle. Most successful athletes either came from very humble backgrounds or had to struggle in the face of adversity in order to make it to where they are. There are also others who may not have had it so rough in the beginning, but still had to go through experiences in their lives which would have made them give up their dreams. Instead they took the bull by the horn and confronted their fears and are today great in whatever they do, providing an inspiration to the billions in need of it in the world. Sports thus provide the role models to give the motivation for others to pursue their dreams and ambitions. References Bierhoff, H.W. (2002). Prosocial behavior. New York: Taylor Francis. Bar-Tal, D. (1976). Prosociabehavior: Theory and research. Washington, D.C.: Hemsphere. Larrieu, J., Mussen, P. (1986). Some personality and motivational correlates of childrens prosocial behavior. Journal of Genetic Psychology, 147(4), 529-542. World Health Organization. (2000). Obesity: Preventing and managing the global epidemic. Geneva: Author. About Fifa; TV Data. Retrieved on 10th October 2009 From http://www.fifa.com/aboutfifa/marketing/factsfigures/tvdata.html Storm, H., Jenkins, M. (2002). Go girl: Raising healthy, confident, and successful girls through sports. Naperville, IL: Sourcebooks. Mary Sara Wells, Skye G. Arthur-Banning, Karen P. Paisley, Gary D. Ellis, Mark F. Roark and Sara Fisher Journal of Park and Recreation Administration Spring 2008 Volume 26, Number 1 pp. 1-21; Good (Youth) Sports: Using Benefits-Based Programming to Increase Sportsmanship Centers for Disease Control and Prevention. (1996). Physical activity and health: A report of the surgeon general. Atlanta, GA: U.S. Department of Health and Human Services. Perkins, D. F., Jacobs, J. E., Barber, B. L., Eccles, J. S. (2004). Childhood and adolescent sports participation as predictors of participation in sports and physical fitness activities during young adulthood. Youth and Society, 35(4), 495–520. Escobedo, Stryer, B. K., Tofler, I. R., Lapchick, R. (1998). A developmental overview of child and youth sports in society. Sports Psychiatry, 7, 697–711. Smith, R.E., SmoU, F.L. (1996). Way to go, Coach!: A scientifically validated approach to, coaching effectimness. Portola Valley, CA: Warde Publishers. Smoll, F.L., : Smith, R.E. (1989). Leadership behaviors in sport: A conceptual model and Research paradigm. Journal of Applied Sodal Psychology, 19, 1522-1551. SmoU, F.L., Smith, R.E. (Eds.). (1996). Children and youth in sport: A biopsychosocini perspective. Dubuque, lA: McGraw-Hill

Every Cloud Has A Silver Lining :: essays research papers

My mind was all muddled up and everything went topsy-turvy inside it. Yet, I remained still and silent. No one would ever imagine how I was feeling. There wasn't the cool atmosphere around me, nor the usual tranquility outside. My heart was pounding fast. I could hear the voice of my doctor saying that I had cancer and I could only live for a month. My heart was simply ripped apart. I could not believe it at first, but I knew I had to. After all these wonderful years and enthralling moments, I finally have to face God's greatest challenge. My mind wasn't as messy as before anymore and I couldn't even think of what to think. It seemed as if I had nothing to worry about, nothing to do, nothing to say. I was trapped inside this room waiting for the Grim Reaper to reap my innocent soul. Day by day, I remained silent in my bed thinking of nothing but my imminent death. I never spoke, consumed anything, nor stood up. I was totally weak. I was literally dying. I woke up suddenly one day, I had been disturbed by the sound of the television someone had switched on. I heard a soft sweet voice coming out of the TV later. It was a little girl's voice but wasn't a distinct one. I could only hear a word, which was the last word of her mesmerising speech. And that was "Live!" Live. Just as simple as that, "Live". Live, it kept ringing in my head for the next few hours. I never expected I would get addicted to thinking this word over and over. I forced my dry mouth to open. It was like trying to pull open a lift stuck on the highest floor, and it ached too. I desperately told myself to refrain from the pain and just rip the door of the lift apart. Aaargh! It was futile. Totally, extremely hopeless. Again, my heart sank. As I recalled the word, "Live", I forced myself to open my mouth and utter that petty word. I tried very hard indeed. And yes, I made it. I merely blurted out that word, "live"! I was emotionally filled with joy. I could hardly believe it,those lazy days of lying in my bed doing nothing had been counteracted by a simple word, "live"! I knew I had to regain my joyful and enthusiastic spirit, so I started off with stretching my legs and arms.

Understanding Ones Culture :: essays research papers

Introduction: Cultures in American Samoa Because of its history as a growing populated area of the Pacific, American Samoa has provided a huge experiment in multicultural understanding not only in the Pacific but also worldwide. Settlers from literally every neighboring Pacific Islanders as well as settlers from all around the continent have joined this country's indigenous inhabitants. These days, American Samoa is said that it would be a "melting ice " where diverse cultures would mingle and lose their distinctness as they came together, Instead, though cultures have mixed here, they have never "melted". Some have been strengthen in their distinctiveness. So, instead of a "melting ice ", we could see American Samoa as a kind of tile mosaic. On its useful surface, the bright focus of each culture contributes to a pattern in which all elements work together. It appears that this is how cultures work all over the world. They have a power in themselves, which resists dilution and homogenization. This power is based on the close relationship between the cultures and their members. In this identity lies strength; this strength is the reason we should celebrate, rather than challenge, diversity of culture in every group and individual. Culture is adaptive, integrated, and always changing. It shares these characteristics with organic life. In other words, with systems oriented towards survival. Customs that diminish the survival chances of a given society are not likely to persist. Those which enhance survival chances of a given society are not likely to customs are tried and honed as aids to survival, the mechanisms of human understanding move them constantly into integration with other facets of society. Thus change occurs in culture in an organic way. Humanities and its Cultural Explanation The humanities are involved in cultural understanding in ways with roots as deep as humankind. The mental capacity of humans today connects us absolutely with the mental capacities of our remotest ancestors. We share not only our ability to think and reason, but also the capacity for aesthetic and moral sensibilities. The humanities, the storehouse of values and traditions that form the foundation of society, work to make clear these shared capacities, these shared understandings. The humanities, in effect, help us to understand other cultures, including the cultures of the past. They do this by showing the shared intellectual and artistic heritage with which people of all cultures have made sense of the world.

Computer Hacking and Cyber Crime Law Essay

COMPUTER HACKING AND CYBER CRIME LAW History of Hacking According to (Clifford R.D. 2006) a cracker or cracking is to â€Å"gain unauthorized access to a computer in order to commit another crime such as destroying information contained in that system†. These subgroups may also be defined by the legal status of their activities. Eric S. Raymond (author of The New Hacker’s Dictionary) advocates that members of the computer underground should be called crackers. Yet, those people see themselves as hackers and even try to include the views of Raymond in what they see as one wider hacker culture, a view harshly rejected by Raymond himself. Instead of a hacker/cracker dichotomy, they give more emphasis to a spectrum of different categories, such as white hat, grey hat, black hat and script kiddie. World Of Hacking Hacking is the practice of modifying the features of a system, in order to accomplish a goal outside of the creator’s original purpose. The person who is consistently engaging in hacking activities, and has accepted hacking as a lifestyle and philosophy of their choice, is called a hacker. Modifying the features of a system. Gaining an unauthorized access to a computer system. Breaks into a system security. Refers to the hobby/profession of working with computers. It also about learning how a system works and how to make it do things it wasn’t designed to do, or you haven’t got the privileges to do. Hacker A hacker is someone who seeks and exploits weaknesses in a computer system or computer network. Hackers may be motivated by a multitude of reasons, such as profit, protest, or challenge. The subculture that has evolved around hackers is often referred to as the computer underground and is now a known community. White Hats – good Gray hats – good or bad Black hats – bad Script kiddie A script kiddie (also known as a skid or skiddie) is a non-expert who breaks  into computer systems by using pre-packaged automated tools written by others, usually with little understanding of the underlying concept—hence the term script (i.e. a prearranged plan or set of activities) kiddie (i.e. kid, child—an individual lacking knowledge and experience, immature). Blue hat A blue hat hacker is someone outside computer security consulting firms who is used to bug test a system prior to its launch, looking for exploits so they can be closed. Microsoft also uses the term Blue Hat to represent a series of security briefing events. Hacker Code Of Ethics Levy (1984) suggests that there is a â€Å"code of ethics† for hacking which, though not pasted on the walls, is in the air: Access to Computers – and anything which might teach you something about the way the world works – should be unlimited and total. Always yield to the Hands-On Imperative! All information should be free. Mistrust Authority – Promote Decentralization. Hackers should be judged by their hacking, not bogus criteria such as degrees, age, race, or position. You can create art and beauty on a computer. Computers can change your life for the better. CYBER CRIME LAW Senator Angara is defined as any illegal and criminal act activity committed on the internet. State Policy Regarding Cyber Crimes The State Recognize.. 1. The vital role of information and communication industries such as content production, telecommunication, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. 2. The importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communication technology to attain free, easy and intelligible access to exchange and/or delivery of information. 3. The need to protect and safeguard the integrity of computer, computer and communication systems, network, and databases and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and  illegal access by making punishable under the law such conduct or conducts. Cyber Crimes Offenses 1. Offenses against the confidentiality, integrity and availability of computer data and systems. A. Illegal Access – The intentional access to the whole or any part of a computer system without right. Element of Computer System There must be a device a group of interconnected or related devices. At least one of the devices performs automatic processing of data pursuant to a program. The device need NOT be connected in a network as long as it consists of both hardware and software and have input, output and storage facilities. Element of the offense of illegal Access 1.There must be an intentional access in whole or any part of a computer system. 2. The person who attempts, or is accessing, or had already access the data has no right to access to the system. â€Å"An Authorized person may not be authorized.† B. Illegal Interception Interception – refers to the listening to, recording, monitoring or surveillance of the content of communication. Elements of Illegal Interception 1. It must be intentional. 2. It must be by technical means. 3. The person involved is without any right to do the intercept. 4. The transmission of computer data to, from, or within a computer system is non-public. 5. It must not fall in any exemption. C. Data Interference Intentional or reckless alteration of computer data without right. C.System Interference Intentional or reckless hindering without the right of the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program. MisUse of Devices The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: – device, including a  computer program, designed or adapted primarily for the purpose of committing any of then offenses under this act; Or -a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act; CYBERSEX AND CHILD PORNOGRAPHY CYBERSEX -Any person who establishes, maintains or controls, directly or indirectly any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration. Child Pornography -refers to pornography depicting sexually explicit activities involving a child. It may use a variety of media, including writings, magazines, photos, sculpture, drawing, cartoon, painting, animation, sound recording, film video, and video games. Child pornography is divided into simulated child pornography and pornography which was produced with direct involvement of the child (also known as Child Abuse Images.) For a person to be guilty of cybersex as defined by the cybercrime law, all the following elements must be present: There must be an operation for sexual activity or arousal; The sexual activity or arousal is done with the aid of or through the use of a computer system; The activity is done for a favor or consideration. The operation is/ was established, maintained or controlled by a person directly or indirectly. From the above, element no.3 should NOT have been included by our law makers. What is the Penalty for this Crime? Any person found guilty of the cybercrime of cybersex shall be punished with imprisonment of prison mayor or a fine at least Two Hundred Thousand Pesos ( Php 200,000.00) But not exceeding One Million Pesos (1,000,000.00) or both. Sec. 5 Other Offenses: The following acts shall also constitute an offense: 1. Aiding or abetting in the Commission of Cybercrime– Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. 2. Attempt in the Commission of Cybercrime– A prosecution who willfully attempts to commit any offenses enumerated in this Act shall be held liable. Sec. 6 Liability under other Laws A prosecution under this Act shall be w/o prejudice to any liability for violation Of the Revised Penal Code, as amended or special laws COMPUTER-RELATED OFFENSES: Computer-related forgery Computer-related Fraud Unsolicited Commercial Communications 1.) Computer-related Forgery -(a) the intentional input, alteration, or deletion of any computer data w/o right resulting in inauthentic data w/ the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless, whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 2.) A pe rson is guilty of forgery if: (a)With purpose to defraud or injure anyone; OR (b) With knowledge that he is facilitating a fraud or injury to be perpetrated by anyone; the actor: 1.) alters any writings of another without his authority; 2.) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize the act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or 3.) utters any writing which he knows to be forged in a manner specified in the revised penal code. Elements of Computer related Forgery. First type of Offense â€Å"ACTIVE COMPUTER RELATED FORGERY† (a) There must be an intentional input, alteration, or deletion of any computer data without right; (b) The result is an inauthentic data; (c) The intent is to use the inauthentic data to be considered or acted upon as if it is authentic Second type of Offense â€Å"PASSIVE COMPUTER RELATED FORGERY a) There must be an existing inauthentic data brought about by the elements of ACTIVE computer-related forgery. b) Knowingly acting on the inauthentic data for the purpose of perpetuating a fraudulent or dishonest design. 2.) Computer Related Fraud If A had a loan from his cooperative and the only evidence of such loan is the records stored in the cooperative’s computer system, A with intent to procure economic benefit, changed the source code of the system’s program so that on an particular date, the system will hang and immediately cause the malfunctioning of the said system. Thus, A can easily deny that he still has an obligation to the cooperative. 3.) Unsolicited Commercial Communications -The transmission of commercial electronic communication with the use of a computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless a. There is a prior affirmative consent from the recipient; or b. The following conditions are present: i. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (‘opt-out’) from the same source; ii. The commercial electronic communication does not purposely disguise the source of the electronic message; and iii. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce in the recipients to read the message. BLOG Blog can also be used as a verb, meaning to maintain or add content WHAT IS BLOGGING ? – A new form of expression where in you express your thoughts and ideas about a specific topic . BLOGGERS : Tina Hamilton is a veteran journalist , a social media guru and a aspiring blogger who enjoys covering a wide range of topics. She currently works with a professional SEO consultant in her attempt to gain an education in the industry John Charles Edward â€Å"Carlos† Pamintuan Celdran also known as CARLOS CELDRAN† He is truly proud of being a Filipino as his blog Celdrantours tries to change how the world sees Manila. Through his blogs. INTRODUCTION With the emergence and popularity of blogging as a new form of expression, the coverage of defamation laws has extended to cyberspace. The consequences is that, people who are adversely affected by writings in this medium is bringing lawsuits to protect their name and reputation. While the Philippine Constitution protects bloggers’ right to free speech and expression, this does not give them unfettered license to write to the detriment of others. This Chapter discusses the person’s right to free speech and expression while respecting the person’s honor. This chapter aims to equip the reader relevant knowledge to supplement his skills in determining whether or not a certain form of expression is within the scope guaranteed by the Constitution. Bases of the Guaranteed of the Right of Freedom of Expression Two (2) Philosophical Bases for the Guarantee of this Right Discovery of truth For self-government In the case of US vs. Bustos (37 Phil. 731), in which the defendants were charged with libel of a public officials for statements made Mr. Justice Malcolm, writing the opinion of the Court, said: â€Å"Public policy, the welfare of society, and the orderly administration of government, have demanded protection for public opinion. The inevitable and incontestable result has been the development and adaptation of the doctrine of privilege.† `â€Å"A public official must NOT be too thin-skinned with reference to comment upon his official acts.† Scope of the Freedom of Expression Article III, Section 4 of the Phil. Constitution says: â€Å"No law shall be passed abridging the freedom speech, of expression, or the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.† Article III, Section 18(1) of the Phil. Constitution says: â€Å"No person shall be detained solely by reason of his political beliefs and aspirations.† Question: But how can we determine the scope of this expression? According to Justice Isagani Cruz, an authority in Constitutional law, the ideas that may be expressed under this freedom are NOT confined only to those that are sympathetic or acceptable to the majority. To be really meaningful, it should permit the articulation of even the unorthodox view, though it be unfriendly to or mocked by others, or â€Å"induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.† Justice Holmes said that this right exists NOT so much for the thought that AGREES with us as for the thought that we detest. From this comes the famous statement from Voltaire: Voltaire â€Å"I may NOT agree with what you say, but I will defend to the dead your right to say it†. Freedom from prior restraint or censorship Prior means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Freedom from subsequent punishment The freedom from prior restraint would set at naught if the citizen would hesitate to speak for fear of vengeance that he might suffer against the officials he criticized. Limitations on the Guarantee Case: Tulfo wrote an article in his column in PDI ‘On Target’ on October 13, 1989, stating that the Supreme Court rendered an idiotic decision in legalizing checkpoints, and again on October 16, 1989, where he called the SC stupid and â€Å"sangkatutak na mga bobo justices of the Philippine Supreme Court†. There are 2 kinds of publications which can be punished for contempt: 1.Those whose object is to affect the decision in a pending case 2.Whose object is to bring courts to discredit Standards for allowable subsequent punishment TEST CRITERION 1.Dangerous Tendency Test There should be a RATIONAL CONNECTION between the speech and the evil apprehend 2.Clear and Present Danger Test There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent 3.Balancing of Interest Test The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed LIBEL A legal term for something written which is harmful to a persons reputation. – is a defamation committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibition, cinematographic exhibition, or any similar means. Libel is punished by our Revised Penal Code which states: Art. 353. Definition of Libel. – A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Art. 354. Requirement for Publicity. – Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1.A private communication made by any person to another in the performance of any legal, moral or social duty; and 2.A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or any of statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions Art. 355. Libel means by writings or similar means. – A libel committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibitions, cinematographic exhibition, or any similar means, shall be punished by prison correctional in its minimum and medium periods or a fine ranging from 200 to 6,000, or both, in addition to the civil action which may be brought by the offended party. DefamationElements of Defamation For a person to be convicted of defamation, the following elements should be present. 1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance. 2. The imputation must be made publicly. 3. It must be malicious. 4. The imputation must be directed at a natural or juridical person, or one who is dead. 5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. Absolute Privileged Communication To illustrate, let us recall the privileged speech delivered by Sen. Revilla in the Senate last 2009, in that instance, he called Dr. Hayden Kho â€Å"Maniac†. Buwang itong doctor na ito. Baliw, Mr. President,† he further said. Qualified or Conditionally Privileged Communications Under this privilege, the freedom of the liability for an otherwise defamatory utterance is conditioned on the absence of express malice or malice in fact. Thus, in re:Tulfo (supra), notwithstanding the freedom of the press guarantee of the Constitution, the respondent was severely censured because there is malice brought about by a disrespectful language. A good example which will illustrate the absence of malice in rendering fair and true report is the case of GMA Network vs Bustos (G.R. No. 146848 October 17,2006). Interpreting The Libelous Statement The alleged libelous article must be construed as a whole (Jimenez vs. Reyes, 27 Phil.52) The Meaning given by the writer nor by the offended person is Immaterial. If the libelous statement shall be interpreted by the writer, then the writer can easily escapes by giving an interpretation to the effect that malice is not present. On the other hand. If the offender person is the one who will interpret the libelous article, he can easily imputes malice against the writer to hold him liable. Meaning of Publication Publications does not mean that the defamatory statement should be published in the newspaper of general circulation, televised in national television, neither by refereed ISI Journal, etc. There is publication when the communication of the defamatory matter is made to some third person or persons( People vs Atencio, Dec 14,1954) Thus, If Juan sent a letter to Pedro which reads: â€Å"Pablo is a thief†, this is sufficient publication. ‘ Identification of the Party is Required in the 4thElement A blind item writer cannot be guilty of libel , as long as the person defamed cannot be identified. Thus, if the blind item states: â€Å"The wife of the pound for pound king†¦Ã¢â‚¬  Although the name is not expressly mentioned, the person can be easily identified, so the writer may be liable. General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, Exception: Except in the following cases: {This is the exemption to the general rule; here malice is NOT presumed} A Private communication made by any person to another in the performance of any legal, moral, or social duty; and A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. Going back to our previous example, if Juan sent a letter to Pedro which reads: â€Å"Pablo is a Thief† , it is presumed that that there is MALICE on the part of Juan. It means that the law presumes that Juan is prompted by personal ill-will in making the communication to Pedro. Now, suppose Pablo really is a thief, will the law still presumed malice on the part of Juan? Yes, unless Juan has good intention and justifiable motive in making communication. Thus, If Pedro is looking for a cashier in his department store Juan will be justified in making the communication so that Pedro won’t hire Pablo who applied for the cashier position. The same holds true if the message was sent through an e-mail and/or text messages. Relevance of Knowing the Presumption of Law If the case falls under the general rule, that is, malice is presumed, it is the writer or the accused who has the burden of proof. Hence, the complainant will NOT be obliged to prove that there is a malice on the part of the accused. The accused will have to produce evidence that his claim against the complainant is true. Do not be confused, the accused is the writer that is why he is being accused of libel because he is the one who wrote the libellous statement. The complainant is the offended party, that is, the person defamed that is why he is the one complaining. If the case falls under the exemption, it is the complainant who has the burden of proof like in the case of GMA Network vs Bustos, wherein Bustos, the complainant failed to prove that there is bad faith or malice on the part of GMA in showing the alleged malicious report. Libel in the Internet After reading the necessary materials pertaining to an individual’s right to freedom of expression and the libel law, we are now ready to study its application using the internet as its medium. Let us start our study with the following scenario. Libel in the internet or e-libel is within the Scope  of Libel Defined in the Revised Penal code The case of Bonifacio vs Jimenez (supra), unfortunately, was misinterpreted by some because they cite this case to support their opinion that e-libel is beyond the ambit of libel provided by the Revised Penal Code. According to them since the SC had dismissed the case, it is already settled that e-libel cannot be punished in our jurisdiction. I beg to disagree. If you will read the full text of the case of bonifacio vs Jimenez, it is very clear that Jimenez did not win the case because of the wrong choice of option. If Jimenez simply alleged in the information that they are (or at least one of the offended parties) presently residing in the City of Makati at the time of the commission of the offense, that is enough to vest jurisdiction to the RTC-Makati and enable the letter to hear and decide the case on the merits. The case was dismissed because RTC-Makati failed to acquire jurisdiction of the case NOT because there is no e-libel in our country. Another argument is that, â€Å"at the time the revised penal code was enacted, there is no internet yet, hence, the legislature could NOT have intended to include internet as a medium. To address this argument let us reproduce the pertinent provision of the libel law regard to this, thus: Art.335.Libel means by writings or similar means. *A libel committed by means of writing, printing, lithography, engraving, radio, phonagraphy, painting, theatrical exhibit, cinematographic exhibition, or any similar means (big emphasis supplied).