CHR to probe unauthorized sex video distributors

MANILA, Philippines – The Commission on Human Rights (CHR) on Friday, August 1, said it is ready to investigate and recommend for prosecution those who have committed human rights abuses by distributing or uploading sex videos without the consent of their owners.

The CHR issued the statement in the wake of an alleged sex video of television anchor Paolo Bediones.

Jose Manuel Mamauag, CHR Commissioner for the Magna Carta of Women and Thematic issues on Women and Gender, said the CHR condemned the unauthorized distribution of sex videos saying it is not only a criminal act but also a human rights violation.

Mamauag also urged the public to refrain from participating in the distribution of unauthorized sex videos through the use of the Internet and any data-capable device, citing Philippines laws and international conventions where the Philippines is a signatory.

“CHR calls on the public to not engage in the distribution of the data through private access, and as the punishable acts in RA No. 9995 are public crime, we encourage those who have knowledge of such unlawful acts being undertaken to report to CHR or the law enforcement,” he said.

Human rights violation

Mamauag said the incident is just the latest in a series of instances “when data of this nature, sexual/intimate activity of private individuals, including those who are in the entertainment industry, without right, has been made to circulate in the Internet and similar data-capable devices.”

The CHR, as the Gender Ombudsman under the Magna Carta of Women, said the illicit distribution of recorded data that are private, intimate acts violate human rights and international Conventions, citing the following:

• Private intimacies are covered by the State Policy in the 1987 Constitution which stipulates that it (the State) values the dignity of every human person and guarantees full respect for human rights
• As a human right, private intimate activities of individuals without discrimination as to race, color, sex, gender, language, religion and other statuses, qualify as reproductive rights in the Convention on the Elimination of All Forms of Discrimination Against Women as another form of modality for parenthood, if the latter is the objective. It is also a form of self-expression for which respect, and tolerance from the society is an entitlement
• The privacy and exclusiveness of the act is also covered by Article 12 of the Universal Declaration of Human Rights, whereby it is stated that “no one shall be subjected to arbitrary influence with his privacy…now attacks upon his honour and reputation”
• Article 17 of the UN Covenant on Civil and Political Rights also makes reference to the right to privacy and stipulates that protection by the law is available to all without distinction

“Hence, as it is a type of human rights, it obligates the State to investigate, prosecute and punish those who without the consent of the parties involved, access copies of the material regardless of the purpose for, and the manner for which they are obtained,”  Mamauag said.

CHR also noted that Republic Act No. 9995 of the Anti-Photo and Video Voyeurism Act of 2009 deems as criminal acts the following:

• To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration
• To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof
• To publish or broadcast, or case to be published or broadcast, whether in print or broadcast media, or show to exhibit the photo or  video coverage or recordings of such sexual act or any similar activity through VCD, DVD, Internet, cellular phones and other similar means or device

Bediones has sought the help of the Philippine National Police in stopping the further distribution of his alleged sex video, which has gone viral since it hit cyberspace this weekend. 

TV-5, the home network of Bediones, has issued a statement of support for him, condemning the “malicious and wanton publication of the video.”

 – Rappler.com