Philippines Revenge Porn and Threats: Legal Remedies Under RA 9995 and the Anti-VAWC Law

This article surveys how Philippine law addresses “revenge porn” (non-consensual capture or sharing of intimate images) and threats related to it—chiefly under the Anti-Photo and Video Voyeurism Act of 2009 (RA 9995) and the Anti-Violence Against Women and Their Children Act of 2004 (RA 9262)—and maps the full remedial toolkit available to victims. It also situates these remedies alongside related statutes, procedure, evidence, and practical strategies.

I. Core Statutes

A. RA 9995 — Anti-Photo and Video Voyeurism Act of 2009

What it punishes. RA 9995 prohibits the following, when done without the consent of the person/s depicted and under circumstances where they reasonably expected privacy:

Taking photo/video of a person’s private area or sexual act.
Copying, reproducing, selling, distributing, publishing, or broadcasting such images/videos (including uploading or sharing via messaging apps, cloud drives, or social platforms).
Exhibiting or viewing the material in public, or causing others to view it.
Revealing the identity of the victim (e.g., name, workplace, social-media handle) in connection with such material.

Consent rules. Consent to capture is not consent to share. Any distribution still requires explicit permission by the depicted person/s.

Scope and actors. Liability may attach to the original recorder, re-uploaders/resharers, sellers, and those who knowingly facilitate public exhibition. Use in mainstream media can trigger corporate/managerial liability.

Penalties. RA 9995 imposes imprisonment and fines, with higher penalties where:

the victim is a minor,
the offender is a corporation/organization (liable through responsible officers), or
the act is committed by a person who had custody or control of the material (e.g., ex-partner) and abused that position.

Privacy and trial rules.

Courts protect the identity and privacy of the victim; decisions may redact names and trials may be held in camera.
Venue may be where the complainant resides or where any element of the offense occurred (including online uploading from a device used in that locality).

B. RA 9262 — Anti-Violence Against Women and Their Children (Anti-VAWC)

Who is protected. Women and their children against acts committed by:

a spouse, former spouse,
a person with whom the woman has or had a sexual or dating relationship, or
someone with whom she has a common child.

What it covers. Beyond physical and sexual abuse, RA 9262 expressly covers psychological violence, including:

Threats (e.g., “I’ll post your nudes if you leave me”),
Harassment, stalking, public shaming, repeated unwanted calls/messages, doxxing, and
Economic abuse (e.g., blackmail: “pay or I’ll upload the video”).

Protection Orders (fast, practical relief).

Barangay Protection Order (BPO): Issued by the Punong Barangay or kagawad; immediate, summary, typically 15 days; orders the abuser to stop the threats/harassment and stay away.
Temporary Protection Order (TPO): Issued ex parte by the court; swift interim relief (e.g., no-contact, stay-away, custody, support, firearm surrender, device/account surrender, take-down cooperation).
Permanent Protection Order (PPO): After hearing; stays in force until revoked.

Criminal liability. Threats and acts causing mental/emotional anguish (including threat to post intimate material) are crimes under RA 9262, with penalties up to imprisonment and fines, separate from RA 9995.

II. How “Revenge Porn” and Threats Fit These Laws

Non-consensual sharing of intimate images → RA 9995 offense even if the recording was consensual.
Threatening to upload/share intimate content to coerce or control a partner/ex-partner → Psychological violence under RA 9262, plus grave/light threats under the Revised Penal Code (RPC).
Harassment campaigns (spam messages, doxxing, humiliation posts) → RA 9262 psychological violence; may also be actionable under the Safe Spaces Act for gender-based online sexual harassment.
Minors → expect aggravated penalties under RA 9995 and interplay with child-protection laws.

III. Complementary Laws You Can Invoke

RA 10175 — Cybercrime Prevention Act.
- Converts RA 9995 (and threats under the RPC) into cybercrimes when committed through a computer system or the internet.
- Enables data-preservation orders, disclosure/search and seizure of computer data, warrants to intercept (for traffic data/content with court authorization), and extraterritorial reach in defined cases.
RA 11313 — Safe Spaces Act.
- Penalizes gender-based online sexual harassment (unwanted sexual remarks, catcalling, “outing,” non-consensual sharing of sexual content) with fines and imprisonment; mandates platform and employer/ school protocols.
RA 10173 — Data Privacy Act.
- Non-consensual processing or disclosure of sensitive personal information (intimate images) can constitute criminal data-privacy violations; you may file a complaint with the National Privacy Commission (NPC).
Revised Penal Code (RPC).
- Grave threats, light threats, unjust vexation, libel, intriguing against honor, and coercion may run in parallel where elements match.
Civil Code Remedies (Arts. 19, 20, 21).
- Separate civil actions for damages for abuse of rights, torts, invasion of privacy, mental anguish, and moral/exemplary damages.

IV. Elements and Proof

A. RA 9995 (typical theory of liability)

Material: photo/video of private area or sexual act.
Context: taken or shared under expectation of privacy (e.g., bedroom, bathroom, private chat).
Non-consent: to the capture or to the distribution.
Act: taking, copying, distributing, selling, publishing, broadcasting, or facilitating public viewing.
Identity: not always required to be visible in the image; linkage evidence (file names, chat logs, captions, voice, tattoos, metadata) suffices.

Evidence you can use

Device forensics (phones, laptops, external drives) and metadata (EXIF, timestamps).
Platform logs (upload times, IP addresses), chat transcripts, email headers.
Witness testimony, screen recordings, notarial preservations, and hash-matching of the files.

B. RA 9262 (threats as psychological violence)

Relationship: spouse/ex-spouse, dating/sexual partner, or co-parent.
Act: threats/harassment causing psychological distress (fear, anxiety, humiliation).
Causation: link between the acts (e.g., “I’ll leak the video”) and the emotional harm (medical/psych reports help).

Evidence you can use

Threat messages, call logs, social-media posts, voice notes.
Psychological evaluation, affidavits of family or colleagues observing distress.
Protective-order violations (subsequent messages after a BPO/TPO bolster the case and add a separate offense).

V. Jurisdiction, Venue, and Cross-Border Issues

Where to file (criminal): Office of the City/Provincial Prosecutor where any element occurred or where the complainant resides (commonly accepted in RA 9995/VAWC practice).
Cyber elements: With RA 10175, authorities can seek data preservation from platforms and cooperate internationally via MLATs and 24/7 contacts for offenses committed or data stored abroad.
Continuing offense theory: Each re-upload or continued online availability can support fresh counts or toll prescription; raise this to counter “late filing” arguments.

VI. Remedies and How to Use Them (Step-by-Step)

A. Immediate Safety and Take-Down

Preserve first, then report.
- Make forensic copies: screenshots with full URL, date/time, and page source where possible; keep original files.
- Save chats/emails in exported form (not just screenshots).
Platform actions.
- File takedown requests citing non-consensual intimate imagery; request hash-matching to block re-uploads.
- Ask for account preservation so law enforcement can obtain logs.
BPO/TPO.
- If the abuser is or was a partner: seek a BPO at the barangay immediately; file for a TPO at the Family Court (or RTC where no Family Court).

B. Criminal Filings

RA 9995 complaint-affidavit (attach preserved evidence).
RA 9262 complaint for threats/harassment if relationship qualifies.
Add RPC threats/libel, Safe Spaces, or Data Privacy counts when elements fit.
Ask prosecutors to apply RA 10175 to enable cyber warrants/preservation and to reflect qualifying cyber circumstances.

C. Civil Actions (can be concurrent)

Damages (moral, exemplary, temperate/actual) under the Civil Code.
Injunctions: seek court orders requiring the respondent to cease distribution, surrender devices, delete copies, and cooperate with takedowns.
Costs and attorney’s fees where warranted.

D. Protective Orders—What to Ask For

No-contact and stay-away (home, school, work, online).
No-upload/no-share clause; account/password surrender where narrowly tailored.
Seizure of firearms and devices used to commit the abuse.
Support and custody (if applicable), temporary shelter, and counseling.
Employer/school directives to ensure a safe environment and prevent retaliation.

VII. Defenses and How Courts View Them

“She consented to be filmed.” Irrelevant to distribution. RA 9995 treats capture-consent and sharing-consent separately.
“Public figure/waiver.” Being a public figure is not a defense to the non-consensual disclosure of intimate images.
“No face shown.” Identity can be proven circumstantially (voice, marks, location, linked posts, chat admissions).
“Freedom of expression.” Yielding to strong privacy and dignity interests; intimate imagery without consent is not protected speech.
“I just reshared.” Resharers can still be principals/accomplices if they knowingly distribute non-consensual content.

VIII. Remedies for Children and Special Considerations

If the person depicted is a minor, offenses may overlap with child-protection and anti-pornography laws; penalties and procedures escalate (e.g., mandatory reporting, closed-court proceedings, counseling).
Schools must activate child protection committees and anti-bullying protocols; evidence should be preserved consistent with the Rules on Electronic Evidence.

IX. Evidence Handling & Digital Forensics (Practical Playbook)

Preservation letters to platforms/telcos asking them to retain logs and content pending a court order.
Chain of custody: label devices/drives; keep a log of handlers; avoid altering files (no renaming); use hash values.
Affidavits: complainant, the person who captured the screenshots/exports, and IT personnel (if any).
Medical/psychological reports to substantiate psychological violence and damages.
Forensic imaging by PNP-ACG/NBI-CCD or qualified private experts.

X. Damages and Restorative Measures

Criminal: imprisonment, fines, and accessory penalties (e.g., forfeiture of equipment, cancellation of licenses/permits for offending entities).
Civil: moral and exemplary damages for humiliation and distress; actual/temperate damages (therapy, lost wages); attorney’s fees.
Restitution: court-ordered wipe/delete, device surrender, and ongoing monitoring/certification from platforms on removal efforts.

XI. Workplace and School Policies

Employers and schools are expected to maintain safe spaces; they should adopt anti-harassment and digital-safety policies covering:
- reporting channels,
- evidence preservation,
- non-retaliation guarantees,
- interim measures (schedule changes, access restrictions), and
- liaison with law enforcement.

Failure to respond may trigger administrative liability and, in some contexts, liability under the Safe Spaces Act.

XII. Strategy Templates

If an ex threatens to leak a video:

Preserve the chats and files.
Get a BPO today; file for a TPO the next business day.
File criminal complaints under RA 9262 (threats) and RA 9995 (if sharing already occurred or there’s preparatory acts).
Send platform takedown + preservation notices.
Seek counseling and a psych evaluation (supports RA 9262 & damages).

If a private clip has already been posted:

Capture URLs, timestamps, and source code; preserve device metadata.
Simultaneously file RA 9995 and cybercrime complaints to enable quick preservation/warrants.
Ask the court for an injunction and TPO with no-upload and device-surrender relief.
Use hash-blocking requests with platforms to prevent re-uploads.
Pursue civil damages alongside criminal cases.

XIII. FAQs

Can I sue even if I consented to the recording? Yes—distribution without your consent is punishable.
What if the uploader is abroad? You can still file. With RA 10175, authorities can seek data and cooperate internationally; platforms usually act on policy-based takedowns worldwide.
Should I confront the abuser? No. Preserve evidence; seek protection orders and legal counsel.
Is anonymity possible? Courts can protect your identity; avoid posting about the case to prevent doxxing or contamination of evidence.

XIV. Checklist of Documents to Prepare

Valid ID; proof of relationship (for RA 9262).
Complaint-Affidavit (facts in chronological order).
Annexes: screenshots (with URLs), chat exports, file hashes, medical/psych reports, witness affidavits, barangay blotter (if any).
Preservation letters sent to platforms/telcos (with timestamp of sending).
Draft protection-order terms you want the court to include.

XV. Final Notes

RA 9995 and RA 9262 can be used together: the first targets the content offense; the second addresses control and threats within intimate or dating relationships and provides fast protective relief.
Layer in Cybercrime, Safe Spaces, Data Privacy, RPC, and Civil Code claims as facts demand.
Early evidence preservation and protection orders dramatically improve outcomes—often leading to swift takedowns, safer conditions, and stronger bargaining positions for settlement or conviction.

This guide is for general information in the Philippine context and is not a substitute for tailored legal advice. If you or someone you know is in immediate danger, contact local authorities and seek assistance from qualified counsel or support organizations.