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Jakarta Post

Revenge porn victim files judicial review of Pornography Law

  • News Desk

    The Jakarta Post

Jakarta   /   Thu, October 8, 2020   /   08:30 am
Revenge porn victim files judicial review of Pornography Law The Constitutional Court building in Jakarta (kompas.com/File)

A woman from Garut regency, West Java, who claims to be the victim of revenge porn but who was charged by the police for violating the 2008 Pornography Law, has filed a judicial review against Article 8 of the law at the Constitutional Court.

The court uploaded the woman’s petition on its website on Monday.

According to the petition, the woman, identified only as PA, initially reported her ex-husband to Garut Police for commercially distributing a video of their past sexual activity without her knowledge.

PA said her ex-husband, who is 14 years her senior and who married her when she was 16, asked to record their sexual activity for private consumption. She herself had never seen the video. She later found out that, after their divorce, the man distributed the video without her consent.

However, instead of going after her ex-husband, the police charged PA with violating Article 8 of the Pornography Law, which forbids a person “from deliberately, or with their consent, becoming an object or model of pornographic content."

She said she requested a judicial review against Article 8 because the article was ambiguous and enabled the abuse of power.

"With this standard, anyone has the potential to become a violator [of the law] even if [the alleged pornographic content] is intended for personal consumption or [the subject is a victim of] coercion, threats or deception," PA said in her petition.

PA demanded the article be annulled and declared contrary to the 1945 Constitution. According to PA, Article 8 of the Pornography Law gave the state license to interfere in private matters.

"The provisions are vague because there are so many factors that can influence someone's willingness to become a model or object including personal reasons, which is a factor of privacy. Everyone is entitled to the right to privacy," she said. (aly)