Uphold Women’s Human Rights, Stop the showing of alleged ‘sex video’ –
CHR
The Commission, as a National Human Rights Institution and as Gender Ombud under
the Magna Carta of Women calls on legislators to respect women’s human rights and to
stop using their power of investigation in aid of legislation to perpetuate discrimination
and violence against women.
The Commission is gravely concerned with the recent threats of the Secretary of Justice
and some legislators to show the alleged ‘sex videos’ of Senator Leila de Lima during the
House Probe on the Bilibid drug trade. Threatening to show the alleged ‘sex video’ is
clearly a form of psychological violence. It has exposed the pervasive nature of genderbased
discrimination as in the present case, such repeated threat of showing the alleged
‘sex video’ shows utter lack of respect for the dignity and privacy of a prominent woman
legislator and is clearly meant to shame her.
In view of these developments, we reiterate our previous Human Rights Advisory on the
production and distribution of ‘sex videos.’ We reiterate that such acts constitute a
violation of human rights – the right to dignity and privacy and the right against
discrimination.
The International Covenant on Civil and Political Rights (ICCPR) and the Philippine
Constitution enshrine the right of all persons to dignity and privacy. The Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Magna
Carta of Women (RA 9710) prohibit all forms of discrimination against women including
violence against women.
Likewise, the showing of the alleged ‘sex video’ is a clear violation of the Anti-Photo and
Video Voyeurism Law (R.A. 9995). The law, specifically prohibits and penalizes the
publication and broadcast, whether in print or broadcast media, or the showing or exhibit
of the photo or video coverage or recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other similar means or device.
‘Broadcast’ as used in the law means to make public, by any means, a visual image with
the intent that it be viewed by a person or persons.
Moreso, Section 7 of said law provides that “(A)ny record, photo or video, or copy thereof,
obtained or secured by any person in violation of the preceding sections shall not be
admissible in evidence in any judicial, quasi-judicial, LEGISLATIVE or administrative
hearing or INVESTIGATION” (emphasis supplied).
Clearly, the threat of the Secretary of Justice and of Members of Congress to show the
alleged ‘sex video’ is violative of the Anti-Photo and Video Voyeurism law.
As Gender Ombud, the Commission cannot allow the continuing discrimination and
violation of any woman’s rights and in this case, the rights of Senator De Lima. Whenever
we keep silent when violations occur, we contribute to the trivialization of the recognition
gained in the cause of women’s rights. Hence, we contribute to the violation of the rights
of women everywhere.
With this, the Commission calls on the Secretary of Justice and the Members of Congress
to fulfill their obligations under International Human Rights law to uphold women’s
rights, to eliminate discrimination and violence against women and to honor their
bounden duty as lawmakers to follow the laws they have enacted. We challenge our leaders
and law makers to stand on the side of women’s human rights and dignity for all and to
put a stop to the showing of the alleged ‘sex video’ regardless of its authenticity.
2 October 2016
For Inquiries, Contact CHR Strategic Communications Office
928-5792, 922-0422