Trixie Cruz-Angeles is a former spokesman for the Integrated Bar of the Philippines. She told Yahoo News that even though Chito Miranda and Neri Naig made a sex tape, they should not be considered victims.
"They do not need to hear our comments that they were incredibly stupid for making the video in the first place," Cruz-Angeles said. "There's no law against saying that, but there isn't one that says they can't take consensual sex videos of themselves either."
"What two people do in the bedroom is none of our business so long as it's between consenting adults. If they post a video of it, [that's a different matter]," Cruz-Angeles said. "But when someone illegally uploads a video not intended for public consumption, those two people on the video become victims and deserve, if not sympathy, justice."
Chito Miranda tweeted shortly after the incident that someone had broken into his house and stolen the hard drive with the sex tape on it. Obviously, this person could be prosecuted for this crime alone. But the lawyer added that even if the thief is never found, the person who actually posted the video online could also be punished. In this case, Miranda and Neri Naig could sue for libel.
"There will also be presumptions against the person/s who uploaded it since they directly benefited from the crime," Cruz-Angeles continued. "Incidentally, in such an instance, Chito's being a public figure will not affect him adversely. The publication of a sex video is clearly malicious, as there is no public interest involved."
Chito Miranda and Neri Naig could also sue the guilty party for a violation of the nation's e-commerce law. This punishes people who hack or otherwise interfere with a communications system, including a computer. If convicted, the person would be fined and face between six months and three years in jail.