SINGAPORE: While filming on the Mediacorp campus as an audience member, an extra noticed an actor in the toilet and took a photo of him.
He sent the photo to two of his WhatsApp group chats, asking who wanted to see the actor's private parts.
However, one of the recipients felt it was inappropriate and informed the victim of what happened.
Tay Bai Chen, 35, was sentenced to two weeks' jail on Friday (Jun 23). He pleaded guilty to one charge each of taking a photo of a person doing a private act without his consent, and disseminating the photo.
A third charge was considered in sentencing.
The court heard that Tay was at the Mediacorp campus at 1 Stars Avenue to act as an extra in a TV show. He noticed that the victim, whose identity is protected by gag order, was acting in the show.
During a break in filming, Tay went to the men's toilet and noticed the victim using the urinal.
He used his phone to take a photo of the victim from the back.
After this, Tay sent the photo to two WhatsApp group chats which had eight and six participants in them respectively.
In his message accompanying the photo, Tay wrote: "Who want see his (private parts)".
One of the recipients of the message felt it was inappropriate for Tay to be distributing such photos of the victim and sent an Instagram message to the victim informing him.
VICTIM'S DISTRESS
The victim lodged a police report on May 15, 2021. He said he had been using a urinal when an extra took a photo of him without his consent.
He said he only discovered this a day before, when someone informed him about it on Instagram.
The victim told his agency what happened and the accused was identified.
The victim wrote in his police report that he was "extremely traumatised" by the voyeurism incident and that he felt "so violated" that such a photo of him was taken and shared online.
"This guy needs to be punished and disciplinary actions need to be taken against him ... who knows who else might have ... fallen into this as well?" wrote the victim.
The prosecutor asked for two to three weeks' jail.
ATYPICAL CASE: DEFENCE
Defence lawyers Cory Wong and Josephus Tan of Invictus Law asked instead for no more than two weeks' jail.
Mr Wong said this was an "atypical case" of voyeurism and distribution, as his client did not commit the act out of "the usual sexual perversions" or for his own "sexual urges".
"This was a case that involved poor taste and bad humour, and he did it so as to brag, you know, jokingly to group chats he sent," said the lawyer.
"This is really very different from other cases where the offender had to climb high, climb low, shoot or photograph over toilet parapet or cubicle door," said Mr Wong.
He said that none of the victim's private parts were captured, and that the photo was "really not the best quality".
The judge said he accepted most of what the lawyer said, but stressed that the distress caused to the victim should not be understated.
"I understand that your client did it in poor taste, but still, harm is caused to the victim," he said.
He said a short imprisonment term would suffice because of the circumstances. Although the photo showed the victim doing a private act, it captured only his side profile and did not expose his private parts, said the judge.
A Mediacorp spokesperson told CNA that the company has not engaged the extra since the incident.
"We are unable to comment further," the spokesperson added.
https://www.channelnewsasia.com/sin...il-show-extra-took-photo-actor-urinal-3582126
