molka

{{Italic title}}File:Busan South Korea motel room.jpg

Molka ({{langx|ko|몰카}}, {{IPA|ko|mo(ː)ɭkʰa}}, lit. 'hidden camera') is the Korean term for hidden cameras or miniature spy cameras secretly and illegally installed, often in order to capture voyeuristic images and videos. Molka is an abbreviation of mollae-kamera ({{langx|ko|몰래카메라|label=none}}), which means "sneaky camera". The expression originated from the homonymous title of a Korean prank TV show, which existed from March 1991 to November 1992. This makes the term denote prank and spy camera at the same time.

In South Korea, spy cameras proliferated in the 2010s and are most commonly installed in small holes or cracks in walls in locations such as women's public restrooms and motel rooms. The voyeuristic images and videos are sold online across various platforms, including popular social media sites like Twitter and Tumblr, without knowledge or consent of those on camera. 'Molka' can refer to both the actual cameras as well as the footage later posted online.{{Cite web|url=https://foreignpolicy.com/2019/03/21/k-pops-sexual-assault-scandal-is-the-tip-of-the-iceberg/|title=K-Pop's Sexual Assault Scandal Is the Tip of the Iceberg|last=Gibson|first=Jenna|website=Foreign Policy|access-date=2019-06-08}} South Korea's highly digitized society makes it easy to circulate molka footage and difficult to remove once it has been circulated.

As the number of spy camera incidents has rapidly increased since 2011, molka crimes have become a prominent point of feminist protest and #MeToo in South Korea. Women overwhelmingly make up the majority of victims of molka crimes, while men make up the vast majority of perpetrators. Prosecution rates for molka crimes are low, and punishment through fines or jail time is weaker in practice than stated in South Korean law. Many women and critics say that molka crimes and the lack of action taken towards them are a product of distorted gendered violence against women in South Korea and the flaws in the law enforcement system.

In June 2021, the Human Rights Watch named South Korea for leading in spycam usage for digital sex crimes.{{Cite web|last=Dobberstein|first=Laura|title=South Korea has a huge problem with digital sex crimes against women says Human Rights Watch|url=https://www.theregister.com/2021/06/17/human_rights_watch_south_korea_digital_crime_against_women_report/|access-date=2021-08-29|website=www.theregister.com|language=en}}

Prevalence and growth of spy cameras

The problem of filming someone without authorization, such as men using cell phones to film women on stairs and in subways, has been a common form of molka and has even led to requiring all South Korean cell phone manufacturers to have phones emit loud shutter noises upon taking a picture.{{Cite web|url=http://koreajoongangdaily.joins.com/news/article/article.aspx?aid=3049781|title=Businesses fight against spycams|website=Korea JoongAng Daily|date=25 June 2018 |access-date=2019-06-09}} More recently, the term molka has become associated with smaller, fixed spycams. Fixed spycams have been found in public areas in Korea as early as 1997, where secret cameras were found to be installed in the ceiling of a Sinchon department store's women's restroom. While the department store stated that the cameras were installed for 'security purposes' to catch thieves and people who threw trash down toilets, the incident received much public criticism.{{Cite web|url=http://news.donga.com/Culture/more28/3/all/19970714/7269254/1|title=신촌그레이스백화점 女화장실 비밀카메라 설치|date=1997-07-14|website=news.donga.com|language=ko|access-date=2019-06-08}}{{Cite web|url=http://mn.kbs.co.kr:80/news/NewsView.do?SEARCH_NEWS_CODE=3775784|title=서울 신촌 그레이스백화점, 여자화장실 몰래카메라 설치 물의|website=KBS 뉴스|language=ko|access-date=2019-06-08}}

With the increase in smartphone ownership and rapid development of technology, molka crimes have also been increasingly found in spaces such as public bathrooms, changing rooms, schools, and offices. Molka crimes have been called a product of fast, easy access to internet technology and "backwards" misogyny, or an example of "digital male sexual violence".{{Cite web|url=https://www.npr.org/2018/10/19/648720360/south-korean-women-fight-back-against-spy-cams-in-public-bathrooms|title=South Korean Women Fight Back Against Spy Cams In Public Bathrooms|website=NPR.org|access-date=2019-06-08}} According to police data, around 1,100 to 1,400 molka crimes occurred in 2010{{Cite web|url=https://www.straitstimes.com/asia/east-asia/spycam-porn-sparks-record-protests-in-south-korea|title='Spycam porn' sparks record protests in South Korea|last=hermesauto|date=2018-08-03|website=The Straits Times|access-date=2019-06-08}} and 2011 respectively, but in 2018, there were nearly 6,800 cases.{{Cite news|url=https://www.nytimes.com/2019/03/21/world/asia/korea-spycam-hotel-livestream.html|title=1,600 Motel Guests Were Secretly Streamed Live in South Korea, Police Say|last1=May|first1=Tiffany|date=2019-03-21|work=The New York Times|access-date=2019-06-08|last2=Lee|first2=Su-Hyun|issn=0362-4331}} Revenge porn, or private photos and footage taken and circulated by former lovers or partners without consent of the filmed subject, is a related form of harassment thought to be roughly as widespread a problem in South Korea.{{Cite news|url=https://www.nytimes.com/2018/09/03/world/asia/korea-toilet-camera.html|title=Is There a Spy Camera in That Bathroom? In Seoul, 8,000 Workers Will Check|last1=May|first1=Tiffany|date=2018-09-03|work=The New York Times|access-date=2019-06-08|last2=Lee|first2=Su-Hyun|issn=0362-4331}}

= Public bathroom molka crimes =

Public bathrooms are one of the most commonly mentioned locations for spycam installation. Many women have said that they do not feel safe using public bathrooms because there is such a high possibility of there being a hidden camera, and there are many accounts of women breaking cameras with pens or covering up holes and cracks in walls, toilet paper holders, and hairdryers where cameras might be hidden.

In September 2018, the Seoul Metropolitan Government announced it would increase public bathroom inspection by assigning 8,000 employees to inspect the city's 20,000+ bathrooms on a daily basis, a step up from the previous 50 employees and monthly inspections. However, government inspectors have not actually discovered any recording devices in public restrooms since at least 2016. Another problem is that according to police, many spy cameras are only installed for short periods of time—as brief as 15 minutes—and therefore can be difficult to detect even with the implementation of daily searches.

= Motel molka crimes =

Molka has also been found to be secretly installed in motel rooms, and the content of the recorded films is explicitly sexual rather than capturing women's bodies alone. Since couples are involved, motel molka crimes may also position many men as victims, in contrast to most other molka positions. The perpetrator may check into a motel and install cameras in places such as hairdryer holders and satellite boxes.

A particularly widespread incident was discovered in March 2019. Over three months, more than 800 couples had been live-streamed having sex in 30 love motels across 10 cities in South Korea. The videos, posted online and accessible for a monthly subscription fee, were hosted on an overseas server so that the cameras' IP addresses would be harder to detect. The two men in charge of the scheme were arrested, and two other men were suspected to be accomplices.

The Burning Sun scandal revealed a high-profile case of molka circulation, where celebrities such as Jung Joonyoung were found to have filmed or shared explicit sexual videos in a private chat room, many of which were filmed in motel rooms and involved with prostitution rings. The involvement of so many celebrities and high-ranking figures gave an example of how widely the practice of illicit filming has spread in South Korea and how the issue is connected to other gendered violence and the common complacency of law enforcement towards or active concealment of crimes and violence towards women. The scandal has also fueled more discussion about the issues of illegal filming, prostitution, and sexual violence against women, among others.

Social reaction to molka crimes

There have been various reactions to the increased prevalence of molka crimes, including increased discussion and more physical demonstrations regarding the issue.

'Molka' ranked third in South Korea's most Tweeted about social issues in 2018, outranked only by #SchoolMeToo and 'feminism' first and second respectively.{{Cite web|url=https://twitter.com/TwitterKorea/status/1070151123787370498|title=2018년 한 해 동안 트위터에서 가장 화제가 된 사회 분야 키워드를 공개합니다. 트위터에서 촉발된 #스쿨미투 운동이 1위를 차지했습니다. #2018어떤일이 #ThisHappenedpic.twitter.com/uCzEfdOCRm|last=대한민국|first=트위터|date=2018-12-04|website=@TwitterKorea|language=ko|access-date=2019-06-08}} All of these issues relate to the uneven sexual violence that women face. Even President Moon Jae-in acknowledged in May 2018 that the spycam epidemic had become 'part of daily life' in South Korea and that there should be greater punishment for offenders.

However, many treat molka incidents and other forms of gendered violence as isolated incidents and the result of extreme individuals rather than a part of systemic misogyny and a culture of indifference toward sexual violence against women.{{Cite journal|last=김|first=영희|date=December 2017|title=몰래카메라 :시선의 주체와 포획된 신체|url=http://www.dbpia.co.kr/journal/articleDetail?nodeId=NODE07272457|journal=황해문화|language=ko|volume=|pages=52–80|issn=1739-6638|via=}}

Monthly protests against spy cameras from May to August 2018 in Seoul were in part catalyzed by one molka incident where the perpetrator was a woman who secretly filmed a nude male model. The investigation and punishment were conducted rapidly and harshly in comparison to most molka crime cases where nearly 98% of perpetrators are male, and the police's response to the rare case of a female perpetrator and male victim angered many women. Protest campaigns included removal of spycams, harsher punishments for perpetrators, and greater regulations around the sale of spycam equipment. "My life is not your porn" became a slogan popularized in the protest as a response to the prevalence of spy cameras installed in everyday places. The August protest condemning spy cameras particularly shattered records of protest numbers, reportedly drawing up to between 55,000 and 70,000 female participants according to organizers and becoming the largest women-only demonstration in Korea's history.{{Cite news|url=https://www.telegraph.co.uk/news/2018/07/07/south-korean-women-turn-thousands-protest-against-widespread/|title=South Korean women turn out in their thousands to protest against widespread spycam porn crimes|last=|first=|date=2018-07-07|work=The Telegraph|access-date=2019-06-08|issn=0307-1235}}

A computer specialist who works to delete molka footage said that the protests drew enough attention to the issue of molka crimes that her company saw a surge in demand for its services.{{Cite web|url=https://www.cnn.com/2019/03/20/asia/south-korea-hotel-spy-cam-intl/index.html|title=Hundreds of South Korean motel guests were secretly filmed and live-streamed online|author=Sophie Jeong and James Griffiths|website=CNN|date=20 March 2019|access-date=2019-06-08}}

In response to this controversy, the police countered that the perpetrator was able to be quickly arrested because it was easy to identify the perpetrator, with the information that she was in a specific classroom at a university where only a few people gathered, and that the perpetrator's gender was not the reason.{{Cite web|url=https://www.news1.kr/society/incident-accident/3316517|title='홍대 몰카 사건' 性 편파수사 논란에…경찰 "지나친 억측"|author=|website=News1|date=14 May 2018|access-date=2024-08-04}}

Legal policy on molka crimes

= Legal classification of molka crimes =

Article 14 of the "Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes" lists taking or distributing unauthorized pictures or videos as a crime. While hidden camera filming is technically a crime, the law remains vague enough that most molka filming incidents can easily be privatized and classified as within the scope of normativity. Most molka films are not readily classified as 'illegal violence' if cameras are not specifically zoomed in to particular body parts or directly placed in garments. For example, even if a victim states that they felt 'sexual humiliation,' a voyeuristic view of a woman using a public restroom may not be considered as illegal sexual violence. Police have also let offenders go in molka crimes where there was a lack of physical violence.

There is also not much legal structure in place to address molka footage circulation even if perpetrators have been found guilty. The rapid development of digital technology and the digital permanence of circulation of illegal molka content makes it difficult for a victim to recover damages even with proof of wrongdoing.{{Cite journal|last=김현아|date=August 2017|title=카메라등이용촬영죄 처벌의 문제점과 개선방안|url=http://www.dbpia.co.kr/journal/articleDetail?nodeId=NODE07236431|journal=이화젠더법학|language=ko|volume=9|issue=2|pages=|issn=2093-3738|via=}}

= Existing legal repercussions for molka crimes =

Molka crimes can result in jail time or fines. The filming or distribution of intimate videos—including if the subject consents to being filmed but does not consent to distribution of said video—can result in up to five years in prison or a fine up to 30 million won (about USD$26,500). However, as of 2017, nearly 80 percent of fines actually implemented are less than 3 million won, and also nearly 80 percent of given fines are imposed on the suspect who distributed the footage rather than those who install and initially film from spy cameras. The amount of the fines implemented is also inadequate when considering the funds required to remove molka videos from online circulation even for one month.

Many women's groups refer to the lack of harsh punishment as a "slap on the wrist" for men and say that it demonstrates the lack of urgency authorities current have for molka crimes. A study by the Korean Women Lawyers Association found that in 2016, the rate of prosecution amongst those accused of committing molka crimes was only 31.5%. Of those tried for molka crime offenses from 2012 to 2017, only 8.7 percent received a jail sentence. In 2017, more than 5,400 people were arrested for spycam-related crimes in South Korea, but fewer than 2 percent were ultimately jailed.{{Cite web|url=https://www.straitstimes.com/asia/east-asia/hundreds-of-couples-livestreamed-in-s-korean-motel-spycam-porn|title=Police say men installed spycams in South Korean motels; livestreamed round-the-clock footage of over 800 couples having sex|last=hermesauto|date=2019-03-21|website=The Straits Times|access-date=2019-06-09}}

Statistics on cyber sex and digital sex crimes are not extensive enough to provide significant insight on the actual problems of victims and related trends of digital sex crime in Korean society, and the voices of victims and survivors do not have much weight in current official policy discussion. As a result, there is not substantial information that can be used as a basis to create effective policy and measures against these crimes as well as policies to protect victims of digital sexual violence.{{Cite journal|last=김한균|date=December 2017|title=사이버성범죄·디지털성범죄 실태와 형사정책|url=http://www.dbpia.co.kr/journal/articleDetail?nodeId=NODE07295356|journal=이화젠더법학|language=ko|volume=9|issue=3|issn=2093-3738}}

In 2017, an omnibus policy on digital sex crimes titled "Comprehensive Policies on the Prevention of Sex Crimes and Victimization" was passed. The act emphasizes strict investigation and punishment of sex crimes as well as establishment of support for victims and greater public education regarding sex crimes. However, the continued growth of molka crimes and lack of effective conviction following the creation of the policy shows a gap between the written law and its practical implementation.

In a situational analysis based on data and periodic reports from the Korean National Police Agency, the Korean Women Lawyers Association, the Ministry of Gender Equality and Family, and many others, published in October 2019, it was found that despite protests against spy cameras in South Korea, and petitions signed calling to ban the use of spy cameras in 2018, the issue of spy cameras remains pressing matter in South Korea.

Caution

= Differences in the scope of punishment between South Korea and other countries =

South Korean media often reports on creepshot or secret filming sexual crimes, called molka, as if they were a more serious problem than in other countries, but there is a criticism that this ignores the fact that the scope of creepshot or secret filming sexual crimes that are subject to punishment in South Korea is overwhelmingly wider than in other countries.

In most other countries, the definition of sexual crimes committed through creepshots or secret filming by the law is narrower than in South Korea. For example, in most other countries, the category of creepshot or secret filming considered a sexual crime is limited to filming of under a skirt (also called "upskirt") in public places, filming underwear body or nude body without their consent, filming sexual intercourse or non-penetrative sexual intercourse without their consent. Punishment for secret filming or creepshot in public places is limited to filming under a skirt, and the remaining types of secret filming are mainly focused on secret filming in private spaces (e.g. bathroom, bedroom, house, etc.).{{cite web|url=https://www.law.cornell.edu/uscode/text/18/1801 |title=18 U.S. Code § 1801 - Video voyeurism |website=Cornell Law School}}{{cite web|language=ko|url=https://www.legislation.gov.uk/ukpga/2019/2 |title=Voyeurism (Offences) Act 2019 |website=legislation.gouv.uk}} In other words, filming of others in swimsuits at the beach or water park without their consent, or filming of the back of fully clothed women on the street without their consent (even for sexual purpose) are not punishable because they are in public places and there is no expectation of privacy.

However, in South Korea, filming of others in swimsuits at the beach or water park without their consent, or filming of the back of fully clothed women on the street without their consent can also be punishable. (especially if it emphasises the target of the filming){{cite web|language=ko|url=https://news.mt.co.kr/mtview.php?no=2023080915104215630 |date=9 August 2023 |title=비키니女 몰카 찍던 50대...경찰 오자 모래더미에 카메라 숨겨 |website=MoneyToday}}{{cite web|language=ko|url=https://www.insight.co.kr/news/347861 |date=10 July 2021 |title=한국과 외국의 몰카 범죄 처벌 수위를 비교해봤더니... |website=Insight}}

It is important to note that types of creepshot or secret filming that are not punished in other countries are considered sexual crimes in South Korea and are subject to punishment, which in turn is included in South Korea's crime statistics. South Korean media often do not realize that South Korea's molka crime statistics also include creepshot or secret filming types that go unpunished in other countries. It is important to note that South Korean society largely unaware of this.