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infrastructure, clear processes and genuine politicalwill. The three laws passed in 2009 – the Anti-Photoand Video Voyeurism Act, the Anti-Child PornographyAct and the MCW – were crafted and processedat a time when people’s confidence in the governmentwas at its lowest and, as a result, theadministration had the tendency to redeem itselffrom time to time based on what was popular.Take for instance the MCW. While this was legislationthat was obviously for women and girls,its authors chose not to define “gender”, whichis critical particularly in addressing the power relationshipsthat develop between the sexes, andfoster gender-based discrimination and violence.Such a glaring lack has been attributed to the interventionsby the Catholic hierarchy in the legislativeprocess – earlier texts of the legislation referred tosame-sex partnerships and reproductive health. Asher administration was wracked by crisis aroundlegitimacy, Gloria Macapagal-Arroyo had the tendencyto both court and appease the religiousorders. As Ana Maria Nemenzo of WomanHealth expressed:“I am so disgusted and frustrated with theintervention of the church in corrupting a secularand credible legislative process.”Meanwhile, the Anti-Child Pornography Act waseasily lauded by child rights groups but its contentand implementation can potentially curtail communicationrights, as the law provides for contentfiltering that can also be used for censorship. Suchfiner aspects of the law were hardly deliberated.It is important to note that it was the Arroyoadministration that oversaw the passage of severallaws related to ICTs, including the creation ofinstitutions such as the Department of ICT. However,the administration, being a staunch ally of theright-wing government of US President George W.Bush, is also known for having attempted to curtailbasic communication rights including freedom ofexpression, freedom of association and the right toprivacy. For instance, in 2005, Arroyo ordered theauthorities to exercise a “calibrated pre-emptiveresponse” in managing street protests. Two yearslater, she supported the passage of the Human SecurityAct, which provides for warrantless arrestsand surveillance as a means to deter terrorism.The earlier versions of the now controversial CybercrimeLaw were likewise introduced during heradministration.Access to justiceIt is still too early to judge the efficacy of theAnti-Photo and Video Voyeurism Act. At the moment,a number of cases have been filed andsome are being heard in courts. 4 Nonetheless,hopes are high that it will be effective. The lawforbids the recording of an individual withoutone’s knowledge, especially in compromisingsituations such as when one is nude or scantilyclad, and the copying and distribution of suchcontent, whether without a cost or for sale. Thecontroversial Cybercrime Law, which has beenwidely criticised for its “take down” provisionsor those which allow government agents to blocklibellous content, has provisions around protectionof one’s privacy.However, for the women’s political party, Gabriela,these supposedly protective provisions of theCybercrime Law and the Anti-Photo and Video VoyeurismAct as a whole are not enough to addressVAW online. For Gabriela, the latter only covers imagesdespite there being other ways where ICTs canviolate women’s human rights. Because of this, theparty’s representatives in Congress filed a bill thatamends the Anti-Violence Against Women and TheirChildren Act of 2004 to include “electronic violenceagainst women” or e‐VAW. In the bill, e‐VAW is definedas “any acts or omissions that involve the useor exploitation of information and communicationstechnology (ICT) which causes or is likely to causemental, emotional or psychological distress or sufferingto the victim.” 5Aside from the limitations of existing laws,partly owing to the very history of how these havebeen crafted, there remain the more practical andimmediate barriers in the country’s judicial system.Laws are still written in English, which is notaccessible to the majority despite claims of thePhilippines’ relatively high proficiency rates comparedto other parts of Southeast Asia. 6 Moreover,tapping legal services is quite expensive and in thelong haul can be equally damaging, especially inthe absence of ancillary services such as counselling.Although the government has agencies whichprovide free legal advice and services as well associal work, the services needed in a VAW case arenot comprehensive enough in terms of both frame-4 The case filed against Kho was dismissed twice and with finality, asthere was insufficient evidence to support that he was the one whouploaded the sex video that involves another actress. PhilippineDaily Inquirer (2012) Hayden wins anew vs. Katrina, PhilippineDaily Inquirer, 16 August. newsinfo.inquirer.net/251392/haydenwins-anew-vs-katrina5 Gabriela Women’s Party Representatives Emmi De Jesus andLuzviminda C. Ilagan (2013) House Bill 6815, filed at the 15thCongress of the House of Representatives of the Philippines. www.congress.gov.ph/download/basic_15/HB06815.pdf6 Mendoza, S. (2012) PH: Best in the best business English, Yahoo!News, 25 April. ph.news.yahoo.com/ph--world-s-best-country-inbusiness-english.html197 / Global Information Society Watch

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