Importance of Understanding and Upholding Legal Mandates in Preventing Online Shaming to the Teachers

Twenty-first-century methods of learning and teaching have been rapidly changing because of technological advancement. We already rely so much on the internet that it has already impacted our way of living. Google classroom, for example, became the virtual classroom for most of the students in the implementation of blended learning in different parts of the world. It vividly helped students and teachers to adapt to the effects brought by the pandemic. However, the internet has also been a tool for online shaming. Especially in social media, where everyone can express their opinion, people, in some instances, tend to call out authorities but in some other cases to make clout to discriminate plainly.

“Online Shaming” to the Teachers

Online shaming is linked to major social media issues on trolling and cyberbullying. Some defined online shaming as a tool for people to feel good about themselves knowing that they set sympathy from many people than their victim/s (Cabanes & Cornelio, 2017). Arguably, the definition of online shaming is different depending on the case. In the case of teachers, particularly in the Philippines, online shaming is somehow interrelated with criticism. This has been a long unresolved issue for teachers for the past years, and it had recently called the attention of authority when a radio broadcast aired an actual complaint to a public school teacher. It is one of the episodes from the show “Raffy Tulfo in Action”. The teacher was seen in the CCTV footage telling the student to sit outside the classroom as punishment for not bringing his report card. This constitutes a violation of RA 9262 Anti-violence Against Women and Their Children (VAWC) Act of 2004. In addition, the Department Order No. 40 Series of 2012 or the Child Protection Policy states that DepEd prohibits maltreatment, abuse, bullying, and any form of violent discipline of teachers to their students. Consequently, the DepEd released an official statement saying that the case was being handled by the DepEd regional and division offices already (Ramos, 2019).

The teacher clearly violated her mandate as a public school teacher. But was it morally and lawfully right to broadcast the case and publicly condemn the teacher's actions? No. Broadcasting the case in the whole nation by its nature is public shaming, making the accused look guilty without adequate legal assistance and due process. The following are the legal bases for the protection of the teacher when subjected to criminal, civil, or criminal charges depending on the offense:

Embedded under Article III, Section 11 to 22 of the 1987 Philippine Constitution are the rights of the accused. Some of the rights are the right to adequate legal assistance, the right to due process of law, the right to remain silent, and the right against self-incrimination. 

In addition, Section 10 (Rights of all School Personnel) number 2 of B.P. Blg. 232 states, “the right to be provided with free legal service by the appropriate government office in the case of public school personnel and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies.” 

Furthermore, Section 8 Safeguards in Disciplinary Procedure of the REPUBLIC ACT No. 4670 states, “every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure. No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.”

These are just some of the laws that could be used against public shaming to teachers. And it is vital for the teachers to know these particular passages in order to defend themselves from any form of discrimination against them. The teacher on the show may not have remembered these laws as she accepted the humiliation during the interview through call.

Yes, we all condemn the wrong act by the teacher, but a wrong act cannot be corrected by another unlawful act.

That particular episode of the broadcasting show surfaced on the internet through social media and other news websites. Aside from the teacher, many were also victimized by online public persecution through the show as if judicial or quasi-judicial procedures in the country were not implemented. Accusations, rumors, and different opinions have already been thrown to the people involved in those cases even before the administrative, quasi-judicial, or judicial procedures were implemented. Hence, for all the people, not just for the teachers, it is essential to know the fundamental rights and obligations. Especially today that a click can already make you an accused and even criminal.

Criminal acts or administrative violations may now be on be committed through online platforms, especially with our education system as our government continues to implement no face-to-face classes.

Teaching Situation in Online Platform

The online method of teaching is still emerging in other parts of the world, like in the Philippines. With the COVID-19, the struggle to adopt changes has produced significant problems. One vivid example of these problems is the implementation of the curriculum, especially the syllabus. Different errors in student modules have produced online criticism to the Department of Education (DepEd) and generally to the teachers. Recently, netizens called out DepEd right after they uploaded a video demonstrating to children wrong rhythmic patterns in an online music class (MSN News, 2021). Months before the criticism and shaming to the teachers trended online, the DepEd already admitted that not all of the modules produced for distance learning went through “quality assurance” screening and vowed to implement stricter evaluation in the future (Manahan, 2020).

The study of Cruz, Ricalde, & Closa (2021) explained that the Philippines still has numerous concerns about online education and module development. It is implicated that the college instructors and teachers have an inadequate background in implementing learning through technology. Online modules require multiple considerations to be effective, such as the equipment to be used, students' financial capability, internet speed connection, physical room space, and self-paced activities that stir up the interest and effectively teach physical fitness online.

Maybe the so-called “online shaming” is not shaming in its entirety. We cannot blame students and other citizens clamoring for better services from government or even private employees. As mandated by Article XIV Section I of the 1987 Philippine Constitution, “the state shall protect and promote the right of all citizens to quality education at all levels and take appropriate steps to make such education accessible to all.”

Other students also called out teachers who bully students just because of the slow internet connection or vise versa. Others may have the opportunity of continuing with online learning because they are privileged enough to have gadgets. Still, mental health problems are inevitable because of the system of learning/teaching where overwhelming works is thrown every day. When these students/teachers express themselves on social media, they both get sympathy and shame.

In the end, I think shaming and all other issues in social media do not only caused by not knowing your right as a citizen, or for teachers, not knowing their mandate as professionals. But all boils down to bigger core problems, the politics, and governance in the Philippines. Imagine if we have an excellent implementation of the laws as well as policies, we will not have the “Raffy Tulfo in Action” show as an alternative judicial authority for the masses, teachers will have a better way to regulate their class, and shaming will no longer be an option just to call out attention.

Unless the unprogressive Philippine system changes, we will remain unsystematic with a lack of proper implementation of laws. And shaming or (for a better term) criticism may, for a lot of people, always be a resort to be heard.

 

References

Cabanes, J. V., & Cornelio, J. (2017). The rise of trolls in the Philippines (and what we can do about it). Retrieved from https://www.academia.edu/download/54324043/The_rise_of_trolls_in_the_Philippines.pdf

Cruz, J. J., Ricalde, A. M., & Closa, J. M. (2021). Module Development for Online Physical Education Classes: Teachers’ Perspective and Experiences. Retrieved from 2021 12th International Conference on E-Education, E-Business, E-Management, and E-Learning: https://doi.org/10.1145/3450148.3450153

Manahan, J. (2020, October). DepEd says not all modules screened for quality; volunteer error spotters 'welcome'. Retrieved from ABS-CNB News: https://news.abs-cbn.com/news/10/08/20/deped-says-not-all-modules-screened-for-quality-volunteer-error-spotters-welcome

MSN News. (2021). Netizens notice another error in DepEd’s virtual music class. Retrieved from https://www.msn.com/en-ph/news/other/netizens-notice-another-error-in-deped-s-virtual-music-class/ar-BB1cwZwe

Ramos, M. S. (2019). Netizens slam Raffy Tulfo for shaming public school teacher on radio show. Retrieved from Inquirer.net: https://newsinfo.inquirer.net/1193805/netizens-slam-raffy-tulfo-for-shaming-public-school-teacher-on-radio-show

 

 

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