It is
imperative
that legislation
is used
carefully so
it does not
impinge on
citizen’s rights.
However, Ruby’s experience and her decision to make public the violation she
experienced paved the way for the immediate passage of the Anti-Photo and Video
Voyeurism Act which prohibits and penalizes the recording of private acts, as well as
the distribution or exhibition of such recordings without the consent of the person
involved.
Martha in a sense is luckier than Ruby because the landmark legislation was already
in effect when her compromising photos were posted online without her consent.
This law was invoked by her legal counsel and as a result, the images were taken
down.
Laws, however, do not always prove to be effective deterrents in the commission
of crimes. Even after the passage of the Anti-Photo and Video Voyeurism Act,
several more cases similar to those of Ruby and Martha were reported in media.
The anonymity that the Internet provides emboldens malicious citizens to commit
damaging acts without fear of discovery in spite of laws. This means a lot more
advocacy and education are needed to address issues of violence and rights abuses
through technology.
Existing laws, such as the Anti-violence against women and children act and the
anti-trafficking in persons act, mandate the provision of government services to
support and protect women and children who are victims of violence and human
trafficking. These include the provision of free shelter, counseling, and free legal
support service. These important support measures are largely unknown to the
public so there is need to inform people that they exist. Something should also be
said and done about the length of time to get justice through the legal system.
It is no wonder that even lawyers advise their clients to settle cases out of court,
especially civil ones, in order to get some relief from the cases.
In terms of corporate responsibility, legal frameworks may also have limited impact.
In spite of the laws, service providers claim no legal liability for any illegal or criminal
activities committed using their services or facilities. They also have no obligation to
monitor or pre-screen how their services are used or what materials and content are
coursed through their facilities. However, there is also the contention that actions,
such as monitoring and pre-screening, will inadvertently violate rights to privacy
and freedom of expression of innocent users.
14
<End Violence: Women’s Rights and Safety Online>
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