Risk Management Helps to Prevent Errors Essay - 1229 Words

Ways that the risk manager could prevent this type of event happening in the future would be to establish and maintain a functional pediatric formulary system with policies for drug evaluation, selection and therapeutic use. To prevent timing errors in medication administration, standardize how days are counted in all protocols by deciding upon a protocol start date. Limit the number of concentrations and dose strengths of high alert medications to the minimum needed to provide safe care. Assign a practitioner trained in pediatrics to any committee that is responsible for the oversight of medication management. Develop preprinted medication order forms and clinical pathways or protocols to reflect a standardized approach to†¦show more content†¦On the management side of the event would include: the charge nurse, director of the unit, risk manager, and the CEO of the organization. An event of this significance would catch the attention of numerous management staff, due t o the legal action that could be taken from the parents. The Joint Commission, Medication Errors Reporting program, and The National Council for Medication Error Reporting and Prevention would be the organizations involved to report the event to and aide in the prevention of it never happening again. This type of an event could catch the eye of the media. If the hospital were completely honest to the parents of the mistake, they could report it to the media for awareness of the fault of the organization, sympathy or education for prevent this event happening again. Active failures are the unsafe acts committed by people who are in direct contact with the patient or system. The forms vary but they are easier to pinpoint such as: slips, lapse, fumbles, mistakes, and procedural violations. Active failures have a direct and usually short lived impact on the integrity of the defenses (Reason, 2000). Active failures are the main issues that stand out when a risk happens. Latent co nditions are the inevitable â€Å"resident pathogens† within the system. They arise from decisions made by designers, builders, procedure writers and top level management. LatentShow MoreRelatedRISK MANAGEMENT Essays1345 Words   |  6 PagesRISK MANAGEMENT Clinical risk is an avoidable increase in the probability of harm occurring to a patient Clinical Risk Management (CRM) is an approach to improving the quality and safety of healthcare by: ï‚ · ï‚ · placing special emphasis on identifying circumstances that put patients at risk of harm acting to prevent or control those risks CRM helps the hospital: to maintain and improve quality of services improve patient safety reduce frequency of litigation help maintain trust in profession preventRead MoreThe Importance Of Error Analysis And Failure Mode Effects Analysis755 Words   |  4 Pagesdue to serious and avoidable medical errors or safety events (Muething et al., 2012). For this reason, it is crucial to understand how these avertable medical errors or safety events can be prevented or eliminated. There are factors involved in the process of analyzing particular errors in an organization. This paper focuses on two processes of error analysis (Root Cause Analysis (RCA) and Failure Mode Effects Analysis (FMEA)) to address unnecessary medical errors (Serious Safety Events (SSE)). SSERead MoreWhat Management and Auditors Can Do to Help Prevent Fraud, Errors and Illegal Acts1157 Words   |  5 PagesSacks-Wilner Term Paper What Management and Auditors can do to Help Prevent Fraud, Errors and Illegal Acts Fraudulent, erroneous, and illegal acts committed by a public company, usually at a managerial or executive level, have been a very serious problem for many years and have prompted development of strict and updated regulations, such as the Sarbanes-Oxley Act, in an attempt to prevent these occurrences. Unfortunately, these new or updated regulations are not enough to prevent these acts from happeningRead MoreWrong-Site Surgeries: How to End the Tragedy? Essay1142 Words   |  5 PagesThousands of incidents of wrong patient and wrong side/site surgeries occur every year in the United States. In general, patient identification errors (PIE) pose the most dramatic consequences that may even lead to patient death. While some PIE lead to taking the wrong medication, others lead to reporting the wrong laboratory or radiological reports to the wrong patient. Interestingly, these drastic scenarios can simply be prevented by following the patient identification protocols which usuallyRead Mor eTheory On Control Of Assets1331 Words   |  6 Pagesthe veracity of financial information, meet operational and profitability goals and broadcast management policies throughout the organization. Internal controls are how a business or organization’s resources are directed, calculated and observed. Purpose of internal controls Ensure a business: †¢ adheres to its policies and plans (Establish Protocols) †¢ departments achieves all its goals and targets Helps: †¢ Promote systematic, inexpensive, proficient and effectual operations. †¢ Produce qualityRead MoreThe Effects Of Risk Management On Health Care Organizations894 Words   |  4 PagesIn the context of risk management, there are several ways that Failure Mode and Effects Analysis can be used to improve processes in health care organizations. According to Stanley Davis and colleagues, documenting and analyzing potential risks proactively is essential for improving patient safety (Davis, et al., n.d.). The article states that Failure Mode and Effects Analysis (FMEA) is used prospectively to identify the possible system failures, and to fix the problems to make the system more robustRead MoreRisk Management : An Organization Of Patient Safety1456 Words   |  6 PagesAccording to ECRI Institute (2014), risk management did not emerge as a distinct profession in healthcare, primarily in the hospital environment, until the mid-1970s, when the number of malpractice claims against physicians and hospitals increased dramatically, and settlements and judgmen ts skyrocketed. In 1977, the American Hospital Association encouraged hospitals to implement risk management programs as a solution to malpractice problems, calling risk management the â€Å"science for the identificationRead MoreAccident Report On The Workplace1489 Words   |  6 Pagesaccident proneness theory, the energy transfer theory and biased liability theory. Saari, (2009) argues that even though these theories explain various causes of accidents, they are mainly conceptual in nature and therefore cannot explicitly be used to prevent and control accidents. None of the below-discussed theories have been either proven to be wrong or correct; therefore, have not universally been accepted. The ideas are termed to be necessary but not sufficient which can be used to develop a frameRead MoreKudler - Internal Control and Risk998 Words   |  4 Pagesand Risk Evaluation Internal controls are an integral part of a company to provide a foundation for a safe, sound and successful organization. According to COSO, â€Å"the three primary objectives of an internal control system are to ensure efficient and effective operations, accurate financial reporting and compliance with laws and operations† (COSO, 1999). Proper internal control programs can help Kudler’s managers to make decisions, progress evaluations and mitigate risks, however, all risks willRead MoreThe Risks of Database System1059 Words   |  4 PagesStrength Accounting and Personnel Management. The system provides the end users with capabilities to: enter data, including database updates and data validations; edit transaction input and update the database; generate reports and retrieve information throughout queries; generate interface transactions for the headquarters operating level at the National Guard Bureau (NGB), Military Pay Branch (MPB) at the State Level, and Retirem ent Points Accounting Management (RPAM) and generating output for external

The Untold Story Of Natural Disasters - 2250 Words

Osjara’ Duncan English 4 Mrs. Humphrey 14 November, 2016 The Untold: Story of Natural Disasters Natural Disaster can occur at any place and any giving time without much of a warning. With a Natural Disaster taking place the best way to be ready for a Natural Disaster is to know about them and how they occur. In â€Å"Natural Disaster Facts† it says, â€Å"A natural disaster is the consequence of the combination of a natural hazard (physical event like a volcanic eruption, typhoon, tropical cyclone, tornadoes and earthquakes, a landslide or a tsunami) and human activities†. Many of these Natural Disasters cannot be predicted but knowing the environment can help us with whatever Mother Nature throws our way. A Natural Disaster can happen any time and place it’s just the fact of knowing what Natural Disaster occurs in certain area. In â€Å"Earth Facts and Information† it says,† The Definition of natural disasters is any catastrophic event that caused by nature or the natural process of th e earth†. With that being said Hurricanes, Flash Floods, Earthquakes, and Tornadoes are all considered as Natural Disasters. In â€Å"11 Facts about Disasters† it says, â€Å"In 2012 there were 905 natural catastrophes worldwide severe storms, droughts, tornadoes, earthquakes, floods, and hailstorm†. Natural Disasters just don’t take an effect on the world it also takes effect on the people who have to live with the aftermath of a Natural Disaster. â€Å"Between 2000 and 2012, naturalShow MoreRelated Censorship Essay1002 Words   |  5 Pagescourse of an idea (and it is essentially ideas that are being censored) as its natural evolution, censorship takes this evolutionary course and disrupts and changes it, often until it is no longer the same substance as before. Why do states (in truth any group of people) feel the need to censor? Moreover, can it be done effectively in the first place? It is human nature to prevent propagation and evolution of stories or is it human nature gone awry? What is our attachment to the status quo andRead MoreEnvironmental Hazards: Cultural, Biological, Physical and Chemical727 Words   |  3 Pages and in most cases, deaths from cultural hazards are preventable (if people refrain from their risky behaviors). (Wright Boorse, 2011). Biological Hazards. Human history can be told from the battle with pathogenic bacteria and viruses. It is a story of epidemics such as the black plague and typhus, which ravaged Europe in the Middle Ages, killing millions in every city, and of smallpox, which swept through the New World. The battle is not over, however, and never will be. Pathogenic bacteria,Read MorePhilosophical And Satirical Novel Candide Or Optimism 1010 Words   |  5 Pagesothers. In the novel, all institution do not do what it should do. The army do not protect people, and solders just kill many people as a result of disagreements between countries. The story of killing the admiral is shocking, and explained of cruelty in army at this time. Additionally, he shows in the story of the old women life, that solders are cruel and dishonest. They do not want to negotiate the peace even if they understand that they cannot win. As a result, they prefer to eat people whoRead MoreThe Effects Of Shale Gas On Global Warming And Climate Change And The Environment1658 Words   |  7 PagesWarming and Climate Change and the Environment Global warming is a very disputed issue due to the fact that in every situation, there are two sides to a story. Some believe global warming is not an issue seeing as there have been trends in the past that indicate that the world changes constantly and that it will once again come to its natural order. Like geologist Charles Lyell once stated with his idea of uniformitarianism, that the Earth is shaped by the same processes still in operation todayRead MoreWell before I read this book, I actually did think about what the title could mean and why the1000 Words   |  4 Pagesignorance. I think the slowly, and then all at once describes the whole book. At first it starts out with Hazel bored with life and giving up on herself, and then it accelerates extremely quickly to Augustus Waters being introduced and their love story along with them getting their wish to go to Amsterdam. But in the end, they both are devastated slowly, and then all at once. Category 2, #2 If I were to make some sort of art that would represent the book in some way, well i wouldnt because IRead More Oedipus the King: Does Oedipus Satisfy the Definition of a Good Man?1415 Words   |  6 PagesAristotle praised the type of cleverness and practical wisdom Oedipus exhibited in his solution to the riddle as being a component of overall goodness.   If it were not for Oedipus virtuous action in saving Thebes, the citizens would have suffered untold disasters at the merciless hands of the Sphinx.   After proving his worth as a good man and his concern for the citizens of what was seemingly a foreign city, Oedipus was well liked by the people of Thebes.      The people of Thebes liked their rulerRead MoreColorado River and Canyons1805 Words   |  7 Pages 277 river miles long, a mile deep and at its widest point 18 miles wide. (https://www.nps.gov/grca/index.html). Full of color and decorated by a variety of formations crafted by natures artful hand this natural wonder draws about five million people every year who participate in a range of activities from hiking and camping to white water rafting. While many stare in awe and appreciation at the breathtaking view the Grand Canyon has to offer few take time to contemplate its beginnings millionsRead MoreEssay on The Truth Behind Music and Television1964 Words   |  8 Pagesprograms. However, some television programs inform children about themselves, their environment, and the world in the comfort and safety of their own home. Not only does the media keep young adults from being physically active but also exposes them to disaster, violence, and sex at an early age. Adolescent use of media has a negative impact on children because music’s suggestive content effects their act ions and emotions and is too easily accessible, and television’s glorification of sex and violenceRead MoreDiscuss the Proposition That Local Authorities Are Better Placed to Respond to Crises and Disasters Than Central Government5400 Words   |  22 PagesCrisis and Disaster Management Essay Title: Discuss the proposition that local authorities are better placed to respond to crises and disasters than central government Introduction Both the local authorities and central government have roles and responsibilities in responding to crises and disaster situations. However, several catastrophic crises and disaster events over the past decades have casted doubts on the effectiveness of central governments in responding to crises and disaster situationsRead MoreThe Effects Of Droughts On Natural Disasters Essay1965 Words   |  8 PagesAnnually, many countries undergo the experience of natural disasters including: floods, droughts, typhoons, earthquakes, forest fires and volcanic explosions. Even with today s advanced science and technology, people cannot control them. The causes and effects of droughts are of as much importance as well as possible solutions for dealing with droughts should they occur: as goes the old adage,’ know thy enemy’. A drought is a prolonged, abnormally dry length of time with in a region, where there

The Nature of Child Development Essay - 1172 Words

Human development has been a subject of interest since ancient Greece and Rome. Different approaches derive from two basic directions: the nativists` and empiricists` ones. The latter method is to regard human development as a gradual change which has been influenced by the individual`s experience .On the other hand, the former approach has found its roots in the biological structure of the human organism which considers our development as a series of stages. However, referring to human development only as continuous or gradual would produce inconsistent and insufficient understanding of the developmental process .As a result, combining ideas of both viewpoints(continuity and phases) will provide a more explicit of understanding of the†¦show more content†¦He distinguishes eight psychological crises(stages) which directly relates to the social requirements and emotional bonds. Human psychosocial development is seen as unique which offers a great range of diversity. Consequ ently, this variety provides an opportunity of establishing universally necessary and sufficient phases of development. The eight stages form a circle which demonstrates the similarity between the first stage ( trust vs mistrust) and the last one(integrity vs despair).In other words, the human beings strive for integrity which could be reached only by passing successfully through all the phases which is a lifelong experience. Concluding from this, human development is a continuous process which is constructed by different phases. The stages role is to present more concrete and deeper understanding of this process. Another perspective is also socially orientated but it plays a considerable emphasis on the historically-cultural influences. Lev Vygotsky (1978) also explains human development as a sequence of phases. A greater interest is placed upon the formation of higher psychological processes. As a result, the importance of the language is greater than in any other theory. The ability of performing practical tasks by applying speech for their solution is considered as a higher psychological process which is unique for the humansShow MoreRelatedInfluence of Nature Versus Nurture on Child Development1202 Words   |  5 Pages Nature as well as nurture can affect the child development. There are many factors that determine the development of a child. Many theories that are proposed by psychologist are used to explain the process of child development. Berndt (1992) explained nature as the impact of the genetic inheritance or heredity of a person during development. Based on Kail’s (2010, p. 135) study, â€Å"research reveals consistent genetic influence in many psychological areas, including personality, mental abilityRead MoreEssay about Child Development, Nature vs Nurture801 Words   |  4 Pages. The nature versus nurture debate is one of the oldest issues in psychology. The debate centers on the relative contributions ofgenetic inheritance  and  environmental factors  to human development. Some philosophers such as Plato and Descartes suggested that certain things are inborn, or that they simply occur naturally regardless of environmental influences. Other well-known thinkers such as John Locke believed in what is known as  tabula rasa, which suggests that the mind begins as a blank slateRead MoreThe Role Of Nature And Nurture Affect Development Of A Child, Conception, And The Contemporary Theories1690 Words   |  7 PagesLife Span Development From the time of conception to the time of death, we are constantly developing and changing. Although some of the changes are as a result of personal adoptions and incidences, most changes experienced are as a result of our shared biological and mental heritage as humans and are shared by all individuals in the globe. A lot of studies have been dedicated to the study of human growth and development. In the book, Lifespan development, various concepts have been discussed in theRead MoreLifespan Development. Influences of Nature and Nurture on a 4 Year Old Child2298 Words   |  10 Pageswill be discussing the development of a four year old child. With the support of relevant theories including the work of Jean Piaget and Erik Erikson, I will discuss the environmental influences that promote the physical, cognitive and psychosocial development of a four year old child. I will also review the importance of play in the child’s development and propose an activity of play that wo uld enhance the child’s development. In the world of a four year old child there is a lot of changingRead MoreNature Vs. Nurture Debate878 Words   |  4 Pages When one thinks about child development, are personalities and traits produced by genetics or shaped by the environment? Or, is there a relationship between nature and nurture with regards to child development? The debate continues. While some believe â€Å"nature and nurture work together, others believe they are separate and opposing influences† (McDevitt, 2010). Nature vs Nurture In regards to the nature vs. nurture debate, â€Å"this debate is a major issue in many social science disciplines and isRead MoreThe Role Of Nature And Nurture Development At Childhood Stages1603 Words   |  7 PagesChildhood Development Student’s Name University Name â€Æ' Childhood Development Introduction Twins who have the same genetic makeup raised up in a different environment have portrayed variation in performance and other dynamics of intelligence quotients, physical development, and socioemotional development. Research on adoptions has also revealed interesting results concerning biological and nature in the development of the children. Therefore, this raises the question about the roles of nature and nurtureRead MoreThe Scopes Of Psychological Health913 Words   |  4 Pagesinstincts of a caretaker, but is it be essential to child development? â€Å"A mother’s (caretaker’s) love in infancy and childhood is as important for mental health as are vitamins and proteins for physical health† is a quote that raises controversy amongst the way psychologists and the theories they believe in. Some psychological theorists argue about how influential it can be through the scopes of psychological health. They believe it can be essential for a child to develop in a hea lthy psychological stateRead MoreThe Theory Of Human Development1060 Words   |  5 PagesTheories of human development deliver a framework to deliberate human growth, development, and learning. Understanding the theories can deliver useful contents into individuals and society a set of principles and concepts that describe life span development. Development perspectives are the psychoanalytic theory, behavior theory, humanistic approach and cognitive theory. Each theory focuses on different aspects of human development. The psychoanalytic is â€Å"the approach stating that behavior is motivatedRead MoreThe Theory Of Attachment Proposed By John Bowlby And Mary Ainsworth1177 Words   |  5 Pagesdiscussions in class, and chapter readings highlighted the importance of one of the characteristics of human nature, which is relationships and attachment. The course materials emphasized the critical role of relationship and attachment to the development of the children. The internship si te also provided an opportunity for me to visualize different attachments and relationships between parent and child in action. As the chapter readings from the textbook explore different perspectives of relationship andRead MoreIs Child Development Best Described as Gradual Change, or as a Series of Stages?1277 Words   |  6 PagesEssay cover sheet Essay Title: Is child development best described as gradual change, or as a series of stages? Student number: M00330526 Word count (Excluding title and references section): 1076 Declaration By submitting this work I acknowledge that I am its author, that all sources consulted in its preparation are referenced appropriately in accordance with the referencing guide, and that I have not copied from any source. The development of children occurs from birth to adolescence

Cybercrime free essay sample

A discussion on the consequences of cybercrime on children and the ways in which we can make children safe from sexual predators without harming them in the process. (more) Cybercrime free essay sample Features and issues Philippine Dally Inquirer 9:49 pm I Saturday, October 6th, 2012 ANTIGENS, floggers and Journalists hold a rally outside the Supreme Court to protest Republic Act No. 10175, also known as the Cybercafà © Prevention Act. RAFF LEARN Recently, the President signed into law two key pieces of legislation-?the Cybercafà © Prevention Act and the Data Privacy Act, both of which were meant to assist the development of the business process outsourcing Industry In the country. As late as last year, the Philippines reigned as the country with the biggest number of seats In he call center industry, as the BOP industry grew in terms of total revenue, foreign exchange inflow and employment generation. BOP lobby It is believed that the BOP industry needs the Cybercafà © Act (the Act) to respond to the demands of foreign clients for a strong legal environment that can secure their data from being stolen and sold.As early as 2000, the E-commerce Act (ACE) already punished hacking but the penalties were deemed too light. The persons convicted served no Call time If they opted to plead guilty In exchange for probation In lieu of imprisonment. Law enforcement agencies also faced various roadblocks when investigating cybercafà © incidents. Even during emergency situations, service providers were reluctant to cooperate with law enforcement officers, citing the need to protect subscriber privacy.Theoretically, search warrants would have addressed that problem but they were difficult to procure and Involved a lengthy process that would have given cybercafà © offenders enough time to delete precious data and cover their tracks. In cross-border cybercafà © Incidents, law enforcement efforts were even more challenging since foreign governments were not equipped to spend quickly to requests for assistance and no International framework was in place to address cross-border investigations and prosecution. To be sure, no one in government was asleep at the wheel.The Philippine National Police (PEN) and the National Bureau of Investigation (NIB), blessed with foreign-funded training in computer forensics and cybercafà © Investigation techniques, proceeded to organize and staff their cybercafà © units. These were the two agencies that were very active in cybercafà © investigation since the passage of the ACE. Budapest Convention Meanwhile, In the realm of international cooperation, the Department of Justice (DOC) officially endorsed the Philippines accession to the Council of Rupees Convention on Cybercafà ©, also known as the Budapest Convention.The treaty was fast becoming the vehicle to harmonize cybercafà ƒ © definitions and promoted international cooperation in cybercafà © enforcement and investigation. After all, the Budapest Convention was signed by many countries in Europe and even counted non-E countries such as the United States, Canada, Japan, China and South Africa as among its member-states. It was against this backdrop that various cybercafà © bills were and it would take Congress more than 10 years to pass the Cybercafà © Act.Salient features The salient features of the Act include internationally consistent definitions for certain cybercafà ©s, nuanced liability for perpetrators of cybercafà ©s, increased penalties, greater authority granted to law enforcement authorities, expansive jurisdictional authority to prosecute cybercafà ©s, provisions for international cybercafà © coordination efforts and greater ability to combat cybercafà ©s. Indeed, many of the cybercafà ©s defined under the Act hewed closely to the BudapestConvention and it borrowed heavily from the conventions definition of illegal access and interception, data and system interference, misuse of devices, computer-related forgery and computer-related fraud. Attempts now punishable Under the ACE, cybercafà ©s can be prosecuted only if the offense was consummated. Unsuccessful intrusions or hacki ng incidents were not punishable. From a law enforcement standpoint, this means no arrest can occur until the harm or injury is actually inflicted upon the victims. Mere attempts were not punishable. Also, only the principal perpetrator was subject to criminal penalties.These were addressed under the Act, where attempted cybercafà ©s are now punished and those who aid and abet the commission of cybercafà ©s are also made liable. This more nuanced approach to liability translates to greater flexibility in law enforcement and prosecution since cybercafà ©s can be stopped while being committed, though not yet consummated. Stiffer penalties The Act also increased the penalties from those imposed under the ACE. From the standard three-year prison term under the ACE, the Act increased the penalty to a period from six to 12 years for a lot of cybercafà ©s.This ensured that any person invoiced under the Act would surely face imprisonment since the option to apply for probation would no longer be available. In direct response to the difficulties faced by law enforcement agencies in investigating cybercafà © incidents, the Act gave greater authority to the PEN and NIB to engage in wa rranties real-time collection of minimized traffic data as well as the explicit authority to secure warrants for the interception of all types of electronic communication. To prevent the destruction of precious evidence housed in various service providers like cell phone companies and roadman providers, the Act requires the preservation of data for a minimum of six months. This gives law enforcement authorities the ability to investigate past cybercafà © incidents as well as lead time to get pertinent court orders to access such data. The Act further specifies the means and manner by which law enforcement authorities should conduct computer-related searches and seizures of data, their custody, preservation and destruction.Expanded Jurisdiction Since many cybercafà ©s are transnational in character, Congress vested in courts an expanded Jurisdiction over the commission of cybercafà ©s. The pre-war Revised Penal Code took a more conservative stance and as a rule, the law was not applicable to acts committed outside the physical boundaries of the republic. In contrast, the application of the Act was expanded beyond the Philippines so long as the perpet rator was a Filipino, or the effects of the cybercafà © were felt within the country.In addition, the law applied if any of the elements were committed in the office Accordingly, to ensure the proper adjudication of cybercafà ©s, the Act mandates specialized training for Judges in newly created cybercafà © courts. Since the Philippines has yet to enact the Budapest Convention and take advantage of the international cooperation available to its member-states, Congress, in the meantime, organized the Cybercafà © Office at the DOC and designated it as the central authority in all matters related to international mutual assistance and extradition.It is meant as a stop-gap measure, which hopefully can transition seamlessly when the country accedes to the treaty. Emergency response team Finally, the Cybercafà © Act created the Cybercafà © Investigation and Coordinating Center for policy coordination among concerned agencies and the formulation of a sectional subjectivity plan that includes the creation of a computer emergency response team. Clearly, the approach taken by Congress in the Cybercafà © Act was to enlist the participation of various sectors of government to combat cybercafà © not only at the national level but also internationally.While the BOP industry lobbied for the passage of t he Act, it is undeniably a statute that applies to anyone who can potentially become a victim of cybercafà ©. Unfortunately, not all statutes are perfect and although the best of intentions are embedded throughout the Act, some flaws in the law have caught the attention of the public, of late. Petitions in high court Indeed, various petitions have been lodged in the Supreme Court to question the constitutionality of the Acts provisions relating to libel, increased penalties, real-time collection of traffic data and the so-called teakwood provision. Online libel was not an original creation under the Act. In fact, as early as 2010, the Supreme Court recognized that comments on a blob entry could give rise to a prosecution for libel. To its credit, the high court reasonably interpreted the law. The complainant argued that it was permissible to choose where to initiate the case upon the theory that inline libel was published simultaneously throughout the Philippines. Recognizing that the law did not allow a party to choose inconvenient venues for online libel cases, the Court limited the choice to only one-?the place where the complainant resides.One degree higher The Acts libel provision seemed harmless on its face. The law itself imposed no specific penalty unlike in other cybercafà ©s mentioned in the statute. But the Act provides that online libel is punished by one degree higher and that the prosecution under the law would still be independent of a separate prosecution for libel under the Revised Penal Code. Under the old regime, an accused facing libel can expect to face no more than four years and two months Jail time. Under the Act, the maximum penalty shot up to 10 years.Since the penalties were cumulative, a single act of online libel can attract a maximum Jail time of more than 14 years. Double convictions The double convictions and the increased penalties made the accused ineligible for probation, thus guaranteeing imprisonment. Since the acts and the crime of online libel are the same as that defined in the Revised Penal Code, it has been argued that the law violates the rule against double Jeopardy which seeks to protect citizens against being penalized twice for the same offense.Also, by imposing increased and communications technologies (Sits), Congress was unfairly segregati ng users of Sits and treating them more harshly. Protection clause violated There seems to be no rational basis for this classification and the discrimination imposed by Congress violates the equal protection clause that requires the government to treat all citizens equally.Since the online libel law targets the fundamental right to free speech, the onus is upon the government to demonstrate a compelling state interest in penalizing online libel in this manner, and show that here was no less restrictive alternative available to promote that interest. In the desire to empower law enforcement agencies, the Act authorizes the PEN and the NIB to conduct real-time collection of traffic data, or data about a communications origin, destination, route, date, size and duration, but excluding identities and content.In the context of mobile communications, traffic data will reveal the originating number, the destination number, the time and date of the communication, as well as the length of the conversation or the size of the SMS message se nt. Surveillance The law enforcement authorities may claim that the traffic data are anonymous, but the fact is that the law allows collection of specified communications, which necessarily means the PEN or NIB must already know something about the communications or the identity of their source.Even if they did not, it is easy to know the identity of a cell phones owner by simply dialing the number and employing various social engineering techniques to get that information. Once the identity of the person has been determined, the real-time collection of traffic data effectively becomes a targeted surveillance. That is not to say that government authorities are prevented from engaging in surveillance, but the Constitution requires the intervention of a Judge and the issuance of a warrant before this authority can be exercised.Sadly, the real-time collection of traffic data under the Act does not afford anyone the same protection. Indeed, the privacy of suspected terrorists are protected to a greater degree under the Human Security Act that at least requires the intervention of the Court of Appeals in any surveillance and the careful handling of the evidence collected. No similar protections exist under the Act, not even in the ass of ordinary citizens. Certainly, these violate the right to the privacy of communications, and the right against unreasonable searches and seizure.Most odious provision Finally, the most odious provision of the Act is the so-called teakwood provision that authorizes the DOC to block access to any content upon a prima facie (or first glance) finding of a violation of the provisions of the Act. This means that a person who believes he has become the victim of an online libel can file a complaint in the DOC and if at first blush it appears there has been a violation of the Act, an order will be sued directing Internet service providers to block the content. Under this scenario, the DOC has effectively become the Judge, Jury and executioner without the benefit of a trial or a conviction established beyond reasonable doubt. No time limit The teakwood order has no time limit and can be in place for years or even forever. The complainant is not required to file a case in court while the teakwood order is in place. In fact, it is likely that no such case will ever be filed since the remedy sought has already been obtained, as the online content is already gone.