Tratamiento Legal y Jurisprudencial del Modelaje Webcam en Colombia

Abstract

The present work seeks to determine the employment situation in which webcam models are found in Colombia. With the rise of globalization and new technologies, such as online platforms, social networks and the health contingency due to COVID-19, the sex industry has had to adjust to the requirements of the global market, which is why Webcam modeling becomes a novel modality of sex work, which currently lacks legislative regulation and it is necessary to deal with it from the academy. The Constitutional Court, through Judgment T-109 of 2021, creates the first and only ruling, to date, on the management of webcam modeling from the perspective of labor law, on the occasion of the violation of the labor rights of a company. woman, who was disconnected from a Webcam Study and the corresponding social benefits were not recognized, ignoring the principle of the primacy of reality over forms by the employer. Finally, before the Seventh Permanent Constitutional Commission in the House of Representatives for 2021, the first bill was presented that intended to regulate the employment situation of webcam models in Colombia. However, this was filed because the request lacked specificity and they considered that webcam modeling was already regulated by the Civil and Commercial Code.