In the digital age, the "sextortion" epidemic—where perpetrators threaten to release private, intimate, or compromising videos unless a ransom is paid or further sexual favors are granted—has become a significant threat to Filipino netizens. Navigating the legal landscape to combat these crimes requires an understanding of several interlocking Philippine laws designed to protect privacy and penalize digital harassment.
1. The Core Legal Frameworks
The Philippine government has enacted a "web" of laws to catch various aspects of cyber extortion. Depending on the specific actions of the perpetrator, one or more of the following may apply:
- The Cybercrime Prevention Act of 2012 (Republic Act No. 10175): This is the primary weapon. Section 4(c)(1) penalizes Cyber-Libel, while Section 6 increases the penalty for crimes defined in the Revised Penal Code (like Robbery/Extortion) if committed through information and communications technologies (ICT).
- The Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995): This law prohibits the recording, copying, or distributing of photos or videos of a person's "private area" or sexual acts without consent, even if the relationship was originally consensual.
- The Safe Spaces Act (R.A. 11313) or "Bawal Bastos" Law: This covers Gender-Based Online Sexual Harassment, including the physical, psychological, and emotional threats made through social media and digital platforms.
- Revised Penal Code (RPC), Article 294 (Robbery/Extortion): If the perpetrator demands money under the threat of exposing a secret or damaging one’s reputation, it constitutes extortion.
2. Civil and Criminal Remedies
Victims in the Philippines can pursue two main avenues of litigation:
A. Criminal Prosecution
The goal is to imprison the perpetrator and impose fines.
- Filing a Complaint: Victims should approach the National Bureau of Investigation (NBI) Cybercrime Division or the Philippine National Police (PNP) Anti-Cybercrime Group (ACG).
- Preservation of Evidence: Under R.A. 10175, law enforcement can issue an order to preserve computer data for up to six months to ensure evidence isn't deleted.
B. Civil Actions for Damages
Under the Civil Code of the Philippines, victims can sue for moral damages (mental anguish), exemplary damages (to set an example), and attorney's fees. This is independent of the criminal case and focuses on financial compensation for the harm suffered.
3. Protective Measures: The Writ of Habeas Data
A unique remedy in the Philippines is the Writ of Habeas Data. This is a judicial remedy available to any person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act of gathering, collecting, or storing data.
- How it works: A victim can petition the court to compel the perpetrator (or even a platform) to destroy, update, or rectify the damaging data or video.
- Urgency: It is an extraordinary remedy that can be processed quickly to prevent the further spread of compromising material.
4. Summary of Penalties
The Philippine justice system treats these offenses with significant severity:
| Law | Prohibited Act | Potential Penalty |
|---|---|---|
| R.A. 9995 | Distribution of private videos | 3 to 7 years imprisonment + Fines |
| R.A. 10175 | Cyber-libel/Extortion via ICT | One degree higher than the original RPC penalty |
| R.A. 11313 | Online Sexual Harassment | Fines and/or imprisonment (up to 6 years) |
5. Critical Steps for Victims
To successfully leverage these legal remedies, the following "Digital Hygiene" steps are required:
- Do Not Pay: Payment rarely stops the extortion; it often signals that the victim is "liquid" and willing to comply, leading to further demands.
- Document Everything: Take screenshots of the threats, the perpetrator’s profile URL (not just the display name), and any bank/e-wallet accounts provided for payment.
- Cease Communication: Do not provoke the perpetrator. Lock down social media profiles and use the "Report" tools on platforms like Facebook, Instagram, or Telegram.
- Request Take-downs: Law enforcement can assist in coordinating with service providers to take down explicit content under the Data Privacy Act of 2012.
Note: Under Philippine law, the "Truth" is not a defense in cases of photo/video voyeurism. Even if the video is real, the act of sharing it without consent remains a criminal offense.