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Cybersex is not a Crime: More on Philippine Cybercrime Law

Written By David D'Angelo on Tuesday, October 2, 2012 | 10/02/2012

CYBERSEX IS NOT A CRIME!  When the Cybercrime Prevention Act of 2012 (R.A. No. 10175) states that Cybersex is a crime, I am totally confused about it.  Then, they defined it as "the willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration."  Is this cybersex?


Basically, cybersex by popular definition is a virtual sex encounter in which two or more persons connected remotely via a computer network send each other sexually explicit messages describing a sexual experience.  It is done by the partners describing their actions and responding to their chat partners in a mostly written form or recently through video designed to stimulate their own sexual feelings and fantasies.

This is the basic definition, however in the Cybercrime Law definition it includes the phrase, "for favor or consideration."  The phrase itself can mean anything for mere gratification and pleasure will definitely fall into the realms of consideration.

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What are the advantages of cybersex in essence?  Well one of the most evident advantages of this is it allows real-life partners who are physically separated to continue to be sexually intimate.  For example Filipino OFWs can stay connected with their partners in the Philippines and thus protect the sanctity of their marriage and prevent infidelity.

In geographically separated relationships, cybersex is a safe way for young to experiment with sexual thoughts and emotions without the risk of sexually transmitted disease (STD) including AIDS.  In fact, it is the safest way to be safe sexually.  Moreover, cybersex is a method by which people with long-term ailments can engage in achieving their sexual gratification without putting their partners at risk.

Another interesting thing is that cybersex takes less effort and fewer resources on the Internet than in real life to connect to a person like oneself or with whom a more meaningful relationship is possible.  In summary cybersex in its unadulterated form is a good thing and is not a crime.

What I do agree however is that cyber prostitution be the one set as a crime.  It is defined as cybersex performed for money or other favors.  Therefore, the law itself is faulty since it's definition created a misconstrued definition of the term cybersex.

In an article from trafficking.org.ph, we do understand the concern of the Philippine government over this issue...

The DSWD noted that cyber pornography and cyber prostitution have become troublesome and ever-growing crimes. It noted that advancements in ICT have also invited villains to take advantage of the technology to expose people, especially children and women, to violence and exploitation.

However, the Philippine Cybercrime Law widen the scope and defined cybersex itself as a crime.

What do you think about this issue on cybersex and the Philippine Cybercrime Law?  Post your comments.




Reference:  Cybersex. (2012, August 20). In Wikipedia, The Free Encyclopedia. Retrieved 01:36, October 2, 2012, from http://en.wikipedia.org/w/index.php?title=Cybersex&oldid=508367094



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