Sunday, October 7, 2007

Internet Posting of nude photos: actionable?

In 2005, cybercrime investigators arrested a Filipino for allegedly using the nude photos of young boys to solicit money from unsuspecting gay victims on the Internet. They arrested the suspect for violating section 9 of the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. Can the young boys sue the suspect for damages for the Internet posting of their nude photos? I think so, invoking Article 21 of the Civil Code.

In Patricio v. Leviste, the Court held that the reason underlying an award of damages under Article 21 of the Civil Code is to compensate the injured party for the moral injury caused upon his person. The minors can invoke Patricio to argue that they suffered moral injury when their nude photos were posted on the Internet. In Grand Union Supermarket v Espino Jr., the Court also held that it is against morals, good customs and public policy to humiliate, embarrass and degrade the dignity of a person. In the same vein, the minors can argue that the Internet posting of their nude photos humiliated, embarrassed and degraded their dignity. Hence, our Civil Code is malleable enough to resolve such case.

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