“I’m never gonna dance again‚
Guilty feet have got no rhythm
Though it’s easy to pretend
I know you’re not a fool..”
These lines of the song “Careless Whisper” by English singer George Michael surely rings a bell to every Filipino’s ears. Hearing those lines of the song‚ one would surely be reminded of something – something scandalous.
For several weeks now‚ the nation was plagued by seemingly endless stories of the now famous‚ Katrina Halili-Hayden Kho Jr. sex video scandal. By now‚ almost everyone in the country already knows and may have seen the video featuring the showbiz personalities Halili and Kho during a tryst. A private activity that has somehow turned into a public spectacle‚ the sex video scandal has ruined reputations and aroused the ire of the Senate. Since the day that the presence of this sex video was confirmed‚ there were already rumors and speculations as to who could have spread the video.
Careless whisper
As early as December 2008‚ rumors of the said scandal were already making its round in the showbiz industry. Halili was relentlessly asked regarding the presence of such videos which she denied again and again.
The scandal broke out on the first week of May after the first video “Careless Whisper” was uploaded showing Kho and Halili in a private room dancing and singing the song‚ wearing only their underwear. And the circus began. The issue heated more and became the talk of the town after another video spread showing Kho and Halili in a dim-lighted room doing their sexual act in front of a laptop camera. The video showed that Halili was unaware that Kho videotaped their moments.
The video caught the attention of the Senate after Senator Ramon “Bong” Revilla Jr. delivered a privilege speech condemning Kho who is not only a showbiz personality‚ but is also a practicing doctor. Aside from the official Senate inquiry on the sex video scandal‚ the National Bureau of Investigation (NBI) has already started investigating the said video in order to identify the perpetrators who uploaded the videos.
The scandal series
A lot have been said about the video. Weeks after‚ another set of videos hit the internet showing Kho and other girls in various sexual episodes. Actress and model Maricar Reyes and a certain Brazilian model were included in the scandal series. Like the video with Halili‚ the other girls were oblivious that Kho videotaped their sexual activities.
The scandal worsened and had gone far. There were so many stories told as to who spread the videos. Different names were dragged in the scandal including celebrity surgeon Vicky Belo and other doctors who were reported having a rift with Kho‚ thus‚ took revenge by spreading his videos with his girls.
On the other hand‚ among the girls who were affected by the scandal‚ only Halili publicized her fight for her right against Kho.
Not the only one
The Katrina-Hayden et. al. scandal is‚ however‚ just one among the many private sex video scandals proliferating in the country in the past years. But unlike the Katrina-Hayden scandal‚ the other sex scandals involved ordinary individuals who‚ like Hayden Kho‚ made private sex videos supposedly for their own pleasure but has‚ unfortunately‚ reached the wrong hands.
Unfortunately‚ unlike the now popular sex video scandal‚ the previous sex videos‚ though equally scandalous or even more scandalous‚ did not interest the Senate enough to conduct an inquiry—something that did not escape the notice of political observers. Most argued that if only legislators took the time to probe the proliferation of sex video scandals years ago‚ a lot of women could have saved themselves from disgrace.
According to “A descriptive study on Cybersex‚ Audio-Visual Sex Scandals‚ and Child Pornography” by Ailyn L. Cortez‚ Michael Vernon M. Guerrero‚ et al. (http://berneguerrero.com/node/11)‚ “the term ‘sex scandal’ is usually associated to videos and images clandestinely acquired either by famous or ordinary persons.” The study said that what makes these videos scandalous is that‚ the actors in the video are either not aware that their acts are caught on tape or that they intend to use the video for personal consumption and not for the public.
According to the same study‚ these videos are usually named after schools (i.e La Salle Sex Scandal) and/or places where the video was taken (i.e Dumaguete Sex Scandal‚ Cebu Scandal) to increase interest in the film. By doing so‚ these videos become all the more scandalous because not only the people involved are defamed but also the institutions and places where they are named with.
The real issue
One of the many problems surrounding the sex video scandal is that‚ there are no cybercrime laws in the country. In an article published in abscbnNEWS.com‚ Optical Media Board Executive Director Rosendo Meneses said that “the present law falls short in determining the link between the proliferation of sexual videos online and in optical media such as DVDs and VCDs.”
In 2007‚ Senator Edgardo Angara introduced House Bill 170 which defines and sanctions cyber crimes. The bill‚ however‚ was not passed.
Early this April‚ Senator Juan Ponce Enrile authored Senate Bill 3177‚ also known as Cybercrime Prevention Act of 2009‚ which will sanction cybercrime perpetrators. The bill prescribed that perpetrators will be imprisoned for 6 months to six years or will be fined Php 100‚000-Php 500‚000. However the bill‚ which aims to define‚ prevent‚ suppress and impose penalties on cybercrimes‚ remains pending in the Senate. A copy of the proposed bill can be downloaded from the Senate website.
In the meantime‚ cyber crimes continue to proliferate in the country. Perpetrators and cyber-sex den owners are earning millions- tax free. And because there are yet no strong laws punishing cyber crimes in the country‚ it is easier for perpetrators to bail because their profits are higher compared to the bail that they have to pay.
Even until now‚ videos of Katrina and Hayden’s tryst and other Hayden related sex videos can still be downloaded from the internet even when the spreading and downloading of it was already banned.
Violence against Women (and Children)
Though there are no cybercrime laws in the Philippines yet‚ Kho is still facing charges of violation of Republic Act (R.A) 9262 or the Violence against Women and Children Act. According to news articles published in national papers‚ the NBI is charging Kho of sexual violence resulting in physical‚ psychological‚ sexual and economic suffering inflicted on a woman. This violation has a maximum penalty of 12 years imprisonment.
Furthermore‚ Kho may also be charged of unjust vexation and a more serious charge of violation to the right of privacy. This is not only‚ however‚ applicable to Kho. Anybody who participates in making and spreading sex videos‚ especially without the consent of the concerned party‚ can be charged of violation of RA 9262.
Sex is sacred
University President Henry A. Sojor also shared his sentiment on the matter emphasizing that sex is a private matter‚ a sacred act. According to the president‚ the act should be kept private as it is private.
“To me‚ a sex act is a very sacred act and that should not be done and announced to the whole world‚” he said. “When you decide to use a camera while doing it‚ then something is wrong with you.”
Sojor further advised the students to be extra careful with their romantic liaisons. “You will also have your love in the future. You keep them to your self. It’s only between two persons and that’s theirs‚” Sojor added. According to the president‚ by sharing this private act to the world you are not showing respect to yourself as a person.
“Again I’ll repeat‚ love is a very personal matter. The sex act is very sacred and keep it that way‚” Sojor said.
Meanwhile‚ Counseling Assessment Resources Enhancement Director Noel Yasi expressed that by continuing to talk about the video‚ “sociologically‚ it just promotes pornography and it gives people the reason to view [the video]”. He said that the media took advantage of the video because it’s a “hot issue and it makes more money”.
According to Yasi‚ the biggest issue there is “responsible journalism”. Yasi explains that because of the media‚ the scandal proliferated instead of having it stopped. Adding to this‚ Yasi also expressed his objection on the Senate’s high profile investigation of the case saying that by doing so‚ “you are just rubbing it in [and] putting too much emphasis on it.”
Yasi ended that instead of healing‚ the people concerned are devastated. “Giguba nimo ilang kinabuhi ug malahi ang perception sa media sa mga personalities involved (the media can ruin people’s lives thru misperception)‚” Yasi said.
Responsibility
The internet‚ in particular‚ has given people the freedom that was never before imagined especially in terms of communication and self-expression. This freedom‚ however‚ should be practiced responsibly.
The making and spreading of private sex videos‚ as well as any other pornographic material using this technology is irresponsible. And because the internet is a medium that‚ as Senator Enrile pointed out‚ threatens democracy‚ human rights and the rule of law‚ a law should be made to punish illegal activities done thru the internet.
Until the Philippines could have a clear law against cybercrimes‚ democracy and human rights will continue to be threatened and Katrina Halili’s sex video will not be the last one to join the already thriving cyber-pornography industry.
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