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Is liking or sharing an explicit video a violation of the law?


Can one be penalized for reacting, engaging, or sharing an explicit video in the internet?

"Unang Hirit" resident lawyer Atty. Gaby Concepcion says no.

 

In an interview in on Friday, Atty. Concepcion said clicking the like or share button of a libelous post does not count as aiding or abetting the crime.

"Unang una, to be clear, yung simpleng pag-press ng like button o pag-press ng share button, hindi naman ito automatic na pagkakalat ng libelous o mapanirang video," she said.

She pointed out that the Supreme Court had ruled that it's "almost an inherent impossibility" to be able to charge with aiding and abetting libel everyone who liked and shared the post.

That said, only the original author of the post is liable.

"So sa opinyon ng Korte Suprema, ang magiging talagang liable lamang to the crime of libel will be the original author o yung original na naglagay, nag-upload ng original post na yun."

"Now whether it's correct or not to share, alam mo naman eh, alam mo nang masama, nakakasira, tapos nagshe-share ka pa, ibang issue yan. But in the sense of frugality, hindi naman," she added.

Atty. Concepcion also reminded the public that under Republic Act 9995, or the Anti-Voyeurism Act, it doesn't matter whether the original source had no ill intentions; if one takes the photos or videos in secret and share it without consent, one is liable for the crime of libel.

"Kailangan din natin tandaan na meron tayong Republic Act No. 9995 o yung Anti-voyeurism Act na bawal halimbawa kumuha ng litrato o video; gumawa ng kopya, mag-publish, mag-upload o mag-broadcast ng mga sexual activity o private part ng isang tao, kung ito ay walang pahintulot o may expectation of privacy," she said.

Even if the adults involved agreed to have the video taken, but was not intended for others to see, sharing it is still a violation of the law.

Violators can be jailed for up to seven years, and fined up to P500,000.

Concepcion's  advice: Simply avoid being placed in that position.

"When all is said and done, warning na lamang, 'wag maging biktima. 'Wag na magpakuha ng video o litrato na yan. Whether single, married, nako ang laking gulo," she added.

Also, there are cases of vengeful husbands and boyfriends who leak private pictures when they feel being slighted.

She also warned against accidental leakage, such as when the phone was stolen, or briefly handed over to a third party for repairs.

"Once it's out there, there's no taking it back, so be careful. 'Wag na lang." —Jessica Bartolome/LBG, GMA News

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