Many people have been typing the terms “USJR scandal” and “USJR sex video” via search engines the past few days. Two college students from Cebu are now in hot water after a video of them while having sex was uploaded on the Internet. The woman in the video is a student of University of San Jose-Recoletos (USJ-R) while her male partner is said to be studying at the University of Cebu – Maritime Education Training Center (although one blog suggested that he is probably enrolled in the University of Visayas).
The administrators of USJ-R are obviously in damage control mode. The school’s Supreme Student Council made this announcement through its Facebook page last Monday:
(To all COLLEGE STUDENTS in Main and Basak Campus)
WEARING OF SCHOOL UNIFORMS (BOTH MALE AND FEMALE) IS SUSPENDED STARTING FEBRUARY 5, 2013 UNTIL FURTHER NOTICE.
PLEASE BE GUIDED.
You are also advised not to wear your ID upon going to school. ID inspection will be done upon entering the school premises.
Republic Act 10175 or the Anti-Cybercrimes Prevention Act of 2012 explicitly penalizes cybersex and child pornography but it is silent about the dissemination of sex videos online. Nevertheless, the crime covered by Republic Act 9995, or the Anti-Photo and Video Voyeurism Act of 2009. The said law gained momentum in the aftermath of the sex video scandal involving then-celebrity surgeon Hayden Kho.
Section 4.a of the law states that it is illegal for anyone “to take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s … without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy.”
Meanwhile, Section 4.d prohibits anyone from showing or exhibiting “the photo or video coverage or recordings of (sexual acts) or any similar activity through VCD/DVD, Internet, cellular phones, and other similar means or device.” As noted in a blog post last year, the law does not say anything about people who take videos of themselves (which seems to be the case in this situation).
The one responsible for the dissemination of the video online may be imprisoned for seven years and may be compelled to pay as much as P500,000 in fines if found guilty of violating RA 9995.