15th Entry: Goodbye Cyberboso

Now, there’s comfort for the Katrina Halili’s out there. Last Febuary 15, the President signed Republic Act No. 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2010. As opposed to the commencement and endorsement of the bill, which clung on to the tremendous publicity caused by the Hayden Kho-Katrina Halili circus, the bill passed into law without any noise.

According to the news, the new law banned the taking, copying and reproduction, selling and distribution and publication and broadcasting of photos or videos of sexual activities as well as private parts of a person without the consent of the people concerned. Violation of the law is punishable by imprisonment of not more than seven (7) years, with a fine of not less than P100,000, but not more than P500,000. The copy of the law is not yet available over the net, although copies of both the House Bill and Senate Bill are readily accessible in the House and Senate websites.

Before this law, victims had only two options: (a) filing a case for unjust vexation punishable by a mere arresto menor or a fine ranging from 5 pesos to 200 pesos, or (b) filing a case under the stiffer provisions of Republic Act 9262 the applicable sections of which impose a penalty of prision mayor and a fine of not less than P100,000 but not more than P300,000. The problem, however, with RA 9262 is that there is much doubt whether said law is applicable in cyberboso situations. Consider for instance Hayden Kho’s argument that he should not held liable under RA 9262 as he was not the one who publicized and distributed the videos that caused psychological violence upon Katrina Halili. In fact, it was argued that Hayden Kho is also a victim in that particular case. Fortunately, RA 9995 settled the issue once and for all by imposing liability even upon a person who merely captured an image of a private area of an individual without his/her consent and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy. The beauty of the law is that it identified the acts connected with voyeurism and imposed liability upon the persons concerned, clearly and indisputably.

Technology has provided us with so many benefits. Unfortunately, the digital age likewise made possible certain harmful acts, such as this trend towards video voyeurism, which actually led to assaults against the privacy and dignity of persons, most especially women. It is high time that government accorded its citizens adequate protection against these high-tech peeping toms.

(Source: http://www.mb.com.ph/articles/244990/hightech-peeping-toms-face-tough-prison-term, photo: http://midfield.files.wordpress.com/2009/05/haydengate-6-montage.jpg)