Seeking Justice
Accompanied by her attorney, Martha approached the Anti-Cybercrime Division of
the National Bureau of Investigation (NBI), which had already identified two of the
bloggers responsible for sharing the photographs - both were located outside the
Philippines. However, Martha’s attorney immediately issued a public letter across
social media and blogging platforms, warning that sharing the photographs was a
direct violation of the Anti-Photo and Video Voyeurism Act of 2009 (passed in 2010).
The letter reads, “Our client did not authorise the posting of her nude photos and
they were never intended for public consumption.” The public demand letter was
published by several news websites, and Martha’s attorney directly wrote to some of
the concerned bloggers, as well as those responsible for creating the YouTube video.
One blogger argued that the content was already in the public domain; however, the
photographs were eventually removed.
Given that intermediaries often protect the identities of their users, and are not
obliged by law to share information with local law enforcement agencies, it was
interesting that both Google and Facebook took immediate action and removed
pictures where possible. One Facebook user wrote, “I also posted on Facebook, but it
was removed. I was even warned about it.”
Despite the success of the public letter, the perpetrators have not been found.
There has been much media speculation; however, given that the photographs
were reposted in so many places, pinpointing their origin remains difficult. This
is further complicated by the fact that intermediaries often store aggregate data
for only a limited period of time, which means that depending on the speed of
the investigation, information about the origin of content may no longer exist.
Moreover, there is uncertainty around intermediary liability, and it is likely that it was
only due to Martha’s well-known public status that social media platforms responded
swiftly to the lawyer’s demand letter.
As a well-connected, relatively privileged person, Martha was able to immediately
contact a respected attorney to prevent the spread of the photographs. At that
time, she was unaware her rights were being violated, and simply wanted people to
stop sharing the photographs. But given that her attorney was highly qualified and
experienced, steps were immediately taken to secure justice for Martha.
<End Violence: Women’s Rights and Safety Online>
29
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