#AskAttyGaby— It’s a prank! | Unang Hirit - video Dailymotion

GMA Public Affairs

April Fools? Isang babae sa terminal ang naaresto dahil nag-joke na may bomba raw sa bagahe niya.  Ano kaya ang sinasabi ng batas tungkol dito? Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.   Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories.  Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.

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00:00 Do you have a question regarding the law?

00:03 As long as we're talking about the law, we'll give you an answer.

00:06 Here's our heart of the law, Atty. Gabby Concepcion.

00:09 Happy Monday, Atty.

00:11 Happy Monday to you too, Maris.

00:15 Oh, here it is.

00:16 I'm just joking.

00:18 I'm not allowed to do that.

00:19 Maybe many of you have heard of that line,

00:22 especially on April Fool's Day.

00:24 But if you're planning to prank someone,

00:27 wait a minute, okay?

00:28 A woman was already sampled at the terminal

00:31 and was arrested for joking that there's a bomb in her luggage.

00:36 So, what does the law say about such pranks?

00:41 Here's all you need to know.

00:43 Ask Atty. Gabby.

00:46 [upbeat music]

00:49 #AskAttorney

01:00 Attorney, I want to prank someone this April Fool's.

01:04 If I find a prankster, can I demand it right away?

01:09 Well, it depends.

01:10 There's no law that deals directly with such pranks.

01:15 The woman who was sampled,

01:17 well, you know that you're not allowed to make bomb jokes,

01:20 especially if you're at the airport.

01:23 You're not really going to be arrested there.

01:27 But in other situations,

01:28 if that prank is really offensive,

01:33 if you're really mad,

01:35 theoretically, you can file an unjust fixation

01:39 under Article 287 of the Revised Penal Code.

01:42 This is a case against any act of a person

01:46 that is not physical in nature

01:48 but the result is a severe anger,

01:51 anger, or indifference towards a person

01:54 with no clear and legitimate intention.

01:57 It's better to hear what the Supreme Court's word is

02:00 about what an unjust fixation is.

02:02 This is human conduct that results in annoyance,

02:06 irritation, torment, distress, or disturbance.

02:10 In other words, it's a serious offense.

02:13 Of course, there are pranks that are physical in nature

02:15 and if someone is hurt because of this,

02:17 of course, there's a case for physical injury

02:19 under the Revised Penal Code.

02:21 There are also pranks where you make a funny face.

02:24 So, it could be a case of an unjust fixation

02:27 depending on how and where it was done.

02:30 In short, you probably can't demand it right away,

02:33 but don't be too hard on yourself

02:36 in these kinds of situations.

02:39 Not everything can be resolved by filing a case.

02:44 #AskAttorney

02:48 "Attorney, but it's more fun.

02:50 I want to livestream and make content, a prank.

02:54 Can I do that even if there's no consent from the pranker?"

02:58 Well, said Attorney Gabby,

03:00 of course not.

03:02 It's an invasion of privacy,

03:04 especially if they say that they don't want to use their photos or videos,

03:10 especially if the person's name or reputation is damaged.

03:14 That's a prank.

03:15 If the video or photo is defamatory,

03:18 it could be a case of a libel.

03:21 For example, if you say that a person committed a crime

03:24 or that a lot of people are married or that someone stole,

03:27 it can be a cyber libel, in fact, when done through the internet.

03:30 If the prank is a gender-based harassment,

03:34 it means that it's done because of your gender orientation or preference

03:39 that causes mental, emotional, or psychological distress.

03:43 And if you're sometimes afraid of your personal safety,

03:47 it can be a violation of our Safe Spaces Act.

03:50 And even if you say that it's just an innocent video or photo,

03:55 nothing happened.

03:56 It can also be a violation of the Data Privacy Act

03:59 because when taking a photo and posting it,

04:02 the person should first be given a copy of the photo

04:06 and the unauthorized use of personal information,

04:10 including the photo or video that you can identify,

04:14 can be a violation of the Data Privacy Act.

04:17 So if proven, it can be a violation of the Safe Spaces Act.

04:21 So, happy April Fools!

04:23 But a joke is funny if it's really funny.

04:26 But don't make a joke that in the end,

04:30 you're the one who will look funny.

04:32 Or even worse, you'll be jailed.

04:34 So, as long as we're talking about the law,

04:36 we'll make it clear.

04:38 For the fairness of thought,

04:41 don't think twice.

04:43 Ask Attorney Gaby.

04:45 [♪♪♪]

04:48 [♪♪♪]

04:50 [♪♪♪]

04:52 [♪♪♪]

04:54 [♪♪♪]

04:56 [♪♪♪]

04:58 [BLANK_AUDIO]

#AskAttyGaby— It’s a prank! | Unang Hirit

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