Sex video: First test case for cyber law

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A 17-year-old girl may not get the help for now from authorities in her attempt to stop a  2-year-old sex video involving her that has gone viral on the Internet.

Assistant Justice Secretary Geronimo Sy on Tuesday said the girl, who was not identified, was the first complainant under the Cybercrime Prevention Act of 2012.

Sy mentioned the case during a forum on the controversial law held at the Landbank building in Manila.

And while he conceded the government for now could not do as much for her given that the law has yet to issue its implementing rules and regulations, efforts to help her case effectively was put on hold when the Supreme Court on Tuesday issued a temporary restraining order (TRO) on the law’s implementation.

Sy said that the “least” the Department of Justice (DOJ) could do now was to provide “restorative justice” to the girl, such as giving her counseling and a change of residence.

Speaking to reporters, Sy said the girl sent an e-mail on her plea to Justice Secretary Leila de Lima on Oct.2. He said the department verified the e-mail and found it to be a “valid complaint.” He said the girl was 15 years old in the sex video.

“The least we can do for her  is not to watch the video,” Sy also said.

Under the new law, the government can request the websites that hosted the sex video “to have due respect with the rights of the child.”

“She is a child after all,” he said.

Sy said that it was the Internet service providers and the telecommunication sector that could stop the showing of the video.

“The nature of cybercrime is, there is permanence in how data is being managed online, so it has  limited what we can do,” he said.

Case vs ‘hacktivists’

But Sy also disclosed that there was a case filed against the offender in this case. He conceded that the complaint was a “test case” for the government under the new cyberlaw.

The National Bureau of Investigation on Tuesday also said the Supreme Court order  would hamper efforts against attackers of at least 15 government websites.

Special investigator Joey Narciso of the NBI Computer Crimes Unit said that the suspended law had given the agency more powers to go against hackers.

“Because of the TRO, the privileges were lost and we have to go back to the traditional way of investigating cases,” Narciso said.

“We admit we are helpless without the Cybercrime Prevention Act,” he said. “The NBI has the talent but we are limited by provisions of the law and technology.”

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  • http://profile.yahoo.com/VS5EYSP4FPOTVQCJZ24NRE6Z2M Edgardo Mendoza

    YAN AY PALUSOT NG GUS2 IPASA CYBER LAW’BAKIT NAG HUBAD SIYA”TANGA SIYA

    • yatot

      Habang ginagawa ay sarap na sarap, gustong gusto. Ng matapos na, biglang nagbago ang isip. hahaha

  • sinagbayan

    Hindi naman kailangan ang R.A. 10175 para sa kasong ito. Dapat kumunsulta siya ng isang magaling na abogado kasi mayroon naman tayong R.A. 9995 (Anti-Photo and Video Voyeurism Act of 2009) or R.A. 7610 (Special Protection for Children Against Abuse, Exploitation and Discrimination Act). Maraming mga batas na puwedeng gamitin, hindi kailangan gamitin ang R.A. 10175. Kumonsulta ng isang abogada para malaman ang angkop at karapatdapat na aksiyon. This is already two years old, that means she has not been persistent as to the things she wants to accomplish. And because she is a minor, her parents should find a way to get appropriate help.

  • http://pulse.yahoo.com/_GUZISWUMVDD5QJUC7GBJKEM7XA prangka

    Sorry to hear that.  Blame those people who crafted and approved the law.  The supreme intention of the law was compromised by self-serving insertion.  

  • gyvv

    immaterial na ung case about the video, not as grave as the child-rape case that happened here, consensual or whatever, accused if proven guilty deserves the full force of the law…

  • http://pulse.yahoo.com/_QZZKXPEA67I7HELEIYM35QVYFA Jon

    Crime committed 2 years ago?
    Despite the absence of the law then, the NBI insists on using the cybercime law as a basis for prosecution?
    Someone should instruct these ignoramuses that there is no such thing as an “ex post facto” law.
    A law cannot be made to operate before it came into effect; it’s that simple.
    It makes you wonder where in Recto these lawyers at the NBI had their diplomas made.

  • FernandoBusi

    Hello DoJ we have anti trafficking laws that can be used to pursue this case.  Why use a bludgeon when you can use a scalpel. 

  • nebuchadnezzar5

    Naniwala naman kayo dyan sa DOJ (at lalo na sa baboy na namumuno dyan).  Propaganda lang nila eto para kunwari may silbi at effective etong cyberlaw na to ni Mr. Xerox Sotto na pinirmahan naman ni retarded.

  • Norodin

    Go with Antipornography, Child abuse, prostitution or simply Libel or Defamation from the Revised Penal Code as a vindication of the right to privacy will do.

    Under the RPC there is no such crime as conspiracy to commit libel. The stupid insertion in the cybercrime law makes it so that the sharing of information (simply liking, or an online conversation of a sensitive topic) becomes akin to a crime of conspiracy (and even then, the RPC itself enumerates very few conspiracies that are worth being punished as a crime by itself. Libel is obviously not one of them).

    • Mamang Pulis

      Siningit ng mga pikon na pikon na sa Senado at Kongresso….

  • http://pulse.yahoo.com/_L7PILUDK6IPFGJLJNCM2IROCRY Albin

    Napaka daming pwedeng ikaso sa gumawa ng video kahit wala ang a10175.
    kapag may court order na, arestuhin ang salarin.
     

    • jga94

      I think yung gusto ng girl ay ma-stop yung pagkalat ng video….hindi makasuhan yung nag-video ( I do not know the details of the case…baka may kaso na na-file against the abuser pero nandun pa rin sa internet yung video….yun yung hiling nya…)….

      Kasi iba-iba naman ang nagpapakalat ng video….do ko alam kung anong law sakop iyon….meron pero hindi ata madali na ikorte yung mga service providers o domain owners (not a techie) para mastop pagkalat….

      I am all for amending the cybercrime law….just do not repeal it….we need it….

  • kismaytami

    15 years old girl and yet have a sex video! Ang aga-aga lumandi…

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