CSC: Posting photos wearing swimsuit on social media is not an administrative offense
Based
on the legal opinion of the Civil Service Commission (CSC), the posting of a
picture in social media by a government employee, wearing a two-piece swimsuit
at the beach is NOT a violation of
the Administrative Offense of Disgraceful and Immoral Conduct.
Ms.
Jeanne Intong, a government employee from Davao del Norte, emailed a letter to
Civil Service Commission asking for a legal opinion on whether or not posting
photos wearing a two-piece swimsuit while on vacation leave violates any Civil Service Law, rules, and regulations.
The
CSC replied in a letter dated September 24, 2020, stating that the posting of a
picture in social media by a government employee, wearing a two-piece swimsuit
at the beach is not a violation of the Administrative Offense of Disgraceful
and Immoral Conduct.
The
Commission has defined Disgraceful and Immoral Conduct as an act which violates the basic norm of
decency, morality, and decorum abhorred and condemned by the society. It is
that conduct which is willful, flagrant, or shameless, and which shows a moral
indifference to the opinions of the good and respectable members of the
community.
According
to Section 46 (B)(3), Rule 10 of the RRACCS, disgraceful and immoral conduct is
a grave offense which is punishable
by suspension from the service for six (6) months and one (1) day to one (1)
year for the first offense, and dismissal
for the second offense.
As
long as the questioned act or conduct of a government employee outside of
government working hours does not violate the basic norms of decency, morality,
and decorum abhorred and condemned by the society, there is no offense of Disgraceful
and Immoral Conduct to talk about, CSC added.
However,
government employees are advised to be always mindful of their actions and conduct
in their private capacity, especially on what they post in social media so as
not to invite public scrutiny that will damage the public office or tarnish the
image and integrity of the public office.
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