A female from Garut regency, West Java, who declares to be the victim of vengeance porn but who was charged by the police for breaking the 2008 Pornography Law, has filed a judicial evaluation against Short article 8 of the law at the Constitutional Court.
The court submitted the lady’s petition on its website on Monday.
According to the petition, the lady, identified only as PA, at first reported her ex-husband to Garut Authorities for commercially dispersing a video of their previous sexual activity without her understanding.
PA said her ex-husband, who is 14 years her senior and who married her when she was 16, asked to tape-record their sexual activity for private usage. She herself had actually never seen the video. She later found out that, after their divorce, the guy distributed the video without her consent.
However, instead of going after her ex-husband, the police charged PA with breaching Post 8 of the Pornography Law, which prohibits a person “from deliberately, or with their permission, becoming an item or model of pornographic material.”
She stated she asked for a judicial evaluation versus Post 8 because the article was ambiguous and enabled the abuse of power.
” With this requirement, anybody has the prospective to become a lawbreaker [of the law] even if [the alleged pornographic content] is intended for personal usage or [the subject is a victim of] browbeating, risks or deceptiveness,” PA said in her petition.
PA demanded the post be annulled and declared contrary to the 1945 Constitution. According to PA, Article 8 of the Pornography Law offered the state license to interfere in personal matters.
” The provisions are unclear due to the fact that there are a lot of factors that can influence somebody ' s willingness to become a design or item consisting of personal factors, which is an element of personal privacy. Everybody is entitled to the right to personal privacy,” she said. (aly)
