Is there a justification for government's privacy invasion: A thesis on the right to privacy and due process limitations of section 4 of RA 9775 or the Anti-Child Pornography Act of 2009

• Main Authors: Guillem, Demi Claire T., Ortega, Ignatius Dominic C.
• Format: text
• Published: Animo Repository 2014
• Subjects: Privacy, Right of > Philippines; Child pornography > Law and legislation > Philippines; Civil Rights and Discrimination; Sexuality and the Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5625
• Institution: De La Salle University

One of the duties of legislative branch of government is to enact laws that would promote public welfare. However, in their pursuit of this objective, it is sometimes inevitable to burden fundamental rights of the people.With the enactment of the Anti-Child Pornography Act of 2009 (RA 9775), it included among the definition of child, a person regardless of age portraying him/herself to be a child. With this extended definition, the statute includes within its purview as a form of a child pornography, images or videos of adults whose fetish is to portray themselves as children while consensually engaging in sexual acts even if the images or videos are for the sole consumption of consenting couple. In this situation, the statute is challenging the fundamental right to privacy of the adults.In the goal of eliminating child pornography, the researchers would like to look into the justifiability of government's action of including the act itself, and the images and videos of the adults as commission and forms of child pornography. By determining the extent of asserting the fundamental right of privacy against government intrusion and the compliance of the Anti-Child Pornography Act with the lawful subject requirement of substantive due process, it would determine the constitutionality of section four of the said act.