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Monday, July 4, 2022

Sex, crime and “trending topic”

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The sex videos in the networks are no longer the exception but have become routine. The problem begins when the distribution of these images goes viral without the consent of the person or persons being recorded, as it is a gross violation of the right to privacy of both celebrities and non-celebrities alike. It’s just a crime. The latest case involved a sex video of presenter Santi Mill├ín leaked on Twitter without his permission. It was trending topic of gossip on the Internet and is another example of the freedom of movement of the population when intimate content (of others) is made available to the public. But the worst thing is that the majority of the population, willing to laugh and make funny comments at the expense of others’ privacy, ignores or pretends to ignore that retweeting and distributing the video is a crime under the Code of Punishment. Article 197.7 provides for imprisonment from three months to one year or a fine from six to 12 months for anyone who, without the permission of the person recorded, “distributes, discloses or transmits to any third party any image or audio-visual recording” which could constitute an invasion of personal privacy .

There is no ambiguity: anyone can record themselves doing any sport they enjoy most, including sex. The offense begins with the unauthorized broadcasting of the recording and continues with contributing to its retransmission. The temptation to increase the penalty is logical, but also ineffective and clumsy: the only improvement in the future of such undignified and pathetic behavior is to educate citizens in the use of social networks in the same way the exchange of sexual recordings between young people or adults has become a merry playful routine that can turn into a nightmare once they land on the networks with the will to destroy or hurt the other. The series Pam & Tommy was inspired by the true case of the public distribution of a private tape of the wedding night of actress Pamela Anderson and drummer Tommy Lee Bass. The leak of this sex tape was the first of a new era in criminal history: hundreds of thousands of anonymous people spend hours of their daily lives sharing alien material on social networks that amplify the impact of this content with algorithms that readily recommend it for its legality responsible.

There are no moral or moralizing considerations: there is nothing reprehensible in the recordings of sexual content; Only distribution without the consent of the interested party is objectionable. Being first in the distribution chain or making money from it is annoying, but being last and doing it for free doesn’t mitigate. Also, being famous does not limit the right to privacy and the right to be an author of intimate content. Sharing without seeing it does not diminish responsibility for its dissemination. However, the central question lies elsewhere: what is the responsibility of the ecosystem that has trained millions of users to share material from others in a massive and mechanical way, with no responsibility or consequences for digital platforms and social networks that make big bucks? in order to. Under the new law of digital markets, they are the “guardians” of the internet, but a legal vacuum remains, benefiting the profiteers, who are the service providers and are not responsible for the content. They are uploaded by users but amplified and viralized thanks to recommendation algorithms.

Source elpais.com

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