Below is a practical, Philippines-specific roadmap you can follow if someone posts or re-uses your child’s photos online without consent. I’ve grouped the options from fastest (takedown-oriented) to the more formal criminal and civil routes, and I’ve flagged the key statutes so you can tell the platform—or the offender—exactly what law they may be violating.
1. Secure evidence first
Capture the post exactly as it appears.
- Take full-screen screenshots showing the URL, username, date/time, and any captions or comments.
- Use your phone or a computer’s “Save page as PDF” to preserve metadata.
Keep the originals of your child’s photos to prove ownership and when they were first taken/posted.
Consider notarizing a USB or printed set of the screenshots for stronger evidentiary value in court later.
2. Platform or ISP takedown
- All major platforms (Facebook, Instagram, TikTok, X) have reporting categories for privacy/unauthorised images of a minor or image of a child used without permission.
- In your report, cite Republic Act (RA) 10173 – Data Privacy Act (DPA) and the platform’s own child-safety policy.
- If the post has sexual context, add that it may violate RA 11930 (Anti-OSAEC Act) and that the platform is obliged to act swiftly to avoid “knowingly hosting” exploitative content. (lawphil.net)
3. Send a formal Cease-and-Desist / Takedown Demand
A lawyer’s letter is not mandatory, but it often works—especially if the uploader is in the Philippines. Quote the specific provisions breached:
| Law | What it covers | Penalties |
|---|---|---|
| RA 10173 (Data Privacy Act) | Processing or sharing a child’s photo without any of the lawful bases in §12 | §32–33: 2-7 yrs prison + ₱500 k–₱5 M fine; one degree higher if the data involves a child (lawphil.net) |
| RA 9995 (Anti-Photo & Video Voyeurism Act) | Photos of private parts or taken where there is expectation of privacy | 3-7 yrs prison + ₱100 k–₱500 k fine (lawphil.net) |
| RA 11930 (Anti-OSAEC/CSAEM Act, 2022) | Any online sexual abuse or exploitation of minors, including grooming or altered photos | Reclusion temporal to perpetua + ₱1 M–₱5 M fine (lawphil.net) |
| RA 9775 (Anti-Child Pornography Act) | Sexually explicit images of a minor (real or manipulated) | 12-40 yrs prison + up to ₱2 M fine |
| Civil Code Art. 26 | Right to privacy; civil damages for “intrusion into private life” (chanrobles.com) |
State in the letter: that continued display or further sharing will expose the offender to the above penalties and civil damages.
4. File an administrative complaint with the National Privacy Commission (NPC)
- Ground: “Unauthorized Processing of Personal Data” under RA 10173.
- Where: NPC One-Stop-Shop, Pasay City, or online via complaints@privacy.gov.ph.
- What to submit: complaint form, affidavit, the screenshots, proof of parental authority (birth certificate), and any platform correspondence.
- Outcome: NPC can order takedown, levy administrative fines, and refer the case for criminal prosecution. (privacy.gov.ph)
Tip: NPC complaints must be filed within two years from discovering the violation (but the clock pauses while the unlawful posting remains online).
5. Lodge a criminal complaint (if the post is abusive, sexual, or malicious)
Step 1: Execute a police blotter at your local precinct (or barangay blotter for speed).
Step 2: Bring your evidence to either:
- PNP Anti-Cybercrime Group (Camp Crame) – quickest if the uploader is local; or
- NBI Cybercrime Division (Taft Ave., Manila) – for nationwide or foreign-linked cases.
Include RA 10173, RA 11930, RA 9995, or RA 9775 in your sworn statement, as applicable.
Prosecutor’s office will evaluate and, if meritorious, file an Information in the Regional Trial Court (or a Family Court if sexual exploitation is involved).
6. File a civil suit for damages and injunction
Venue: Regional Trial Court where you or the offender resides.
Cause of action: Violation of Art. 26, Art. 32 (civil liability for violation of constitutional/privacy rights), plus moral and exemplary damages.
Possible reliefs:
- Preliminary injunction/temporary restraining order (TRO) ordering immediate deletion;
- Actual damages (e.g., counselling costs), moral damages for mental anguish, exemplary damages to deter repetition.
Prescription: Four years from discovery of the last infringing act.
7. Optional IP angle (copyright)
If you took the original photos, you own the copyright under RA 8293 (Intellectual Property Code). You may file:
- A Notice to Remove with the platform under its IP policy;
- A civil action for infringement (statutory damages + injunction); or
- A criminal complaint under §217.
8. Special scenarios
| Scenario | Extra statute or agency |
|---|---|
| Deep-fake or AI-altered sexual images of your child | RA 11930 + report to the OSAEC Center of the Department of Justice (DOJ-IACAT). |
| Classroom or school event photos incorrectly uploaded | NPC Advisory Opinion No. 2020-046 reminds schools that consent (or another legal basis) is still required even for “public” events. (privacy.gov.ph) |
| Multiple victims / syndicated activity | Contact Inter-Agency Council Against Trafficking and DICT Cybercrime Office for broader investigation. |
9. Practical timeline
| Day | Action |
|---|---|
| 0 | Capture evidence, send platform report. |
| 0–3 | Draft & send cease-and-desist (optional but advisable). |
| 3–15 | If no takedown, file NPC and/or police/NBI complaints. |
| 30+ | NPC mediation / investigation; prosecutor’s resolution; seek injunction if urgent. |
Final reminders
- Keep records of every e-mail, report ticket, or messenger chat—you’ll need them to show diligence.
- Avoid re-sharing the infringing post even “to prove it exists”; courts may view this as further dissemination.
- If the uploader is overseas, pursue the NPC complaint first and use the decision to aid take-down requests through MLAT or the platform’s Trusted Flaggers channel.
- Consult a lawyer early; initial demand letters and proper affidavit formatting greatly speed up NPC and prosecutor action.
By following these steps—and citing the correct Philippine statutes—you can force a swift removal, seek damages, and, where warranted, hold the offender criminally liable.