The Legal Perils of Boy Bastos
Current Events, Internet, Law
DISCLAIMER : This entry is just my personal opinion and I do not represent or espouse the positions of any party involved in this controversy. It is just my take on the matter based on my limited knowledge of obscenity laws as they relate to the constitutionally guaranteed freedom of speech and expression. My statements should not be taken as legal advice by any of the parties involved.
Continued from Freedom of Expression and Boybastos.com
Apart from allegedly maintaining an obscene website, Mr. Bastos may also be charged under Republic Act 9208, The Anti-Trafficking of Persons Act of 2003, according to T.V. reports and statements by NBI officials who invited Mark Verzo for questioning.
Maybe not the actual acts which constitute human trafficking, but those which indirectly promote human trafficking. It’s a stretch you might say, but the law is coached in the broadest possible terms and will be interpreted as such in order to attain its objective of promoting human dignity and protecting people from exploitation.
Thus, sexual tourism and exploitation of people through abuse of vulnerability to produce pornographic material , though not exactly involving transport of persons, can be considered as an aspect of human trafficking. Pornography, in a very comprehensive sense, is also a facet of human trafficking. Section 3 (h) of R.A. 9208 defines pornography as:
“(h) Pornography – refers to any representation, through publication, exhibition, cinematography, indecent show, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.”
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