A practitioner-oriented guide to the criminal, civil, and procedural landscape—plus step-by-step reporting playbooks and templates.

1) Core offenses and legal anchors

A. Online defamation (cyber libel)

Penal Code basis. Libel is defined in Articles 353–362 of the Revised Penal Code (RPC) as a public and malicious imputation of a crime, vice or defect, real or imaginary, tending to cause dishonor, discredit, or contempt.
Online variant. Section 4(c)(4) of the Cybercrime Prevention Act of 2012 (R.A. 10175) recognizes libel committed through a computer system. Penalties are one degree higher than “ordinary” libel (Sec. 6, R.A. 10175), and the procedural rules for libel (e.g., venue rules under RPC Art. 360) generally apply by analogy.
Elements (checklist).
1. Imputation of a discreditable act/condition;
2. Publication to a third person (posting, tweeting, commenting, sharing);
3. Identifiability of the offended party (name, handle, photo, context);
4. Malice (presumed in defamation; exceptions exist for qualifiedly privileged communications—e.g., fair and true report of official proceedings, private communications in the performance of duty);
5. Jurisdiction/Venue compliant with Art. 360 (see §5 below).

B. Unauthorized nude photo uploads and related harms

Anti-Photo and Video Voyeurism Act (R.A. 9995). Criminalizes taking, copying, selling, distributing, publishing or sharing photos/videos of a person’s nudity, sexual act, or private parts without consent, where there is a reasonable expectation of privacy. Liability extends to the uploader, re-uploader, and anyone who knowingly distributes or publishes.
- Statutory exceptions exist (e.g., law enforcement, medical, scientific/educational with consent, newsworthy matters under strict conditions), but these are narrow.
Gender-Based Online Sexual Harassment (R.A. 11313, “Safe Spaces Act”). Covers unwanted sexual remarks, invasive comments, misogynistic/sexual threats, non-consensual sharing of sexual content, doxxing, and streaming of such content. Provides administrative, civil, and criminal tracks and mandates reporting/takedown mechanisms for platforms, schools, and workplaces.
Anti-OSAEC and Anti-CSAEM Act (R.A. 11930) and Anti-Child Pornography Act (R.A. 9775). If the person depicted is a minor, possession, production, sharing, or viewing of sexualized images is per se unlawful—consent is not a defense. These laws impose proactive obligations on platforms, ISPs, financial intermediaries, and on parents/guardians in some contexts.
VAWC (R.A. 9262). When the parties are or were intimate partners (spouses, dating, cohabiting, share a child), non-consensual intimate image (NCII) sharing can constitute psychological violence, enabling Protection Orders (TPO/PPO) and criminal prosecution.
Data Privacy Act (R.A. 10173). Unauthorized processing of personal/sensitive personal information (including images revealing health, sex life, etc.) can trigger criminal, civil, and administrative liability; the NPC can order cease-and-desist, erasure, and impose fines.
Anti-Wiretapping Act (R.A. 4200). Secret audio recording of private communications is generally illegal; separate from images but often co-occurs.

2) Liability map (who can be sued or prosecuted?)

Actor	Possible exposure
Original poster/uploader	Primary criminal liability (libel, R.A. 9995, R.A. 11313, R.A. 11930/9775, R.A. 9262). Civil damages under the Civil Code (Arts. 19, 20, 21, 26; moral, exemplary, temperate).
Sharers/re-uploaders	R.A. 9995 and cyber libel capture distribution and publication; knowledge and malice issues vary but risk is real.
Platforms/ISPs	The E-Commerce Act and jurisprudence recognize limited/safe-harbor-like principles if platforms act as neutral conduits and respond to notices. Under R.A. 11930 and R.A. 10175, intermediaries have duties to preserve data and comply with lawful orders; willful blindness/non-compliance increases exposure.
Employers/Schools	Under R.A. 11313 and labor/education rules, they must prevent and address gender-based online sexual harassment; failure may incur administrative liability and civil exposure.

3) Penalties & prescription (practical ranges to expect)

Libel (offline): prisión correccional in its minimum to medium periods; prescription generally 1 year under RPC Art. 90.
Cyber libel: Penalty is one degree higher (Sec. 6, R.A. 10175). Prescription for special-law offenses follows Act No. 3326 (commonly treated as up to 12 years when the imposable penalty is ≥6 years). Philippine jurisprudence has continued to refine this—always check the most recent rulings when computing deadlines.
R.A. 9995 (voyeurism/NCII): Imprisonment and fines; each act of posting/re-posting can be a separate count.
R.A. 11313 (GBOSH): Graduated penalties (fines, imprisonment), plus administrative sanctions and mandatory programs.
R.A. 11930/9775 (minor depicted): Severe penalties, asset forfeiture, mandatory reporting, and registration duties may apply.
Civil damages: Moral and exemplary damages can be substantial where malice or intent to humiliate is shown; attorney’s fees may be awarded.

Practice tip: Even if the criminal filing window is doubtful, you can still pursue civil claims (e.g., Art. 26 right to privacy; Art. 19/20/21 abuse of rights and tort) and administrative complaints (NPC, workplace/school under R.A. 11313), plus protection orders under R.A. 9262.

4) Evidence: what to capture and how to preserve

Forensic-quality screenshots of posts/pages/messages with URL bar, visible timestamps, and usernames/handles.
Screen recordings showing the navigation path (open profile → post → comments → share count).
Metadata: copy the post URL, profile URL, message IDs if visible; note device, OS, browser/app, and time (Philippine Standard Time).
Witness statements (names, contact details, what/when they saw).
Platform responses (auto-emails, ticket numbers, takedown acknowledgments).
Hash values (if you can compute SHA-256 of the files) to fix integrity.
Do NOT alter the content (no cropping/redacting on master files); store originals plus working copies.

Legal tools for preservation: Under the Rules on Cybercrime Warrants (A.M. No. 17-11-03-SC), law enforcement and prosecutors can seek: • Preservation Orders; • Warrant to Disclose Computer Data (WDCD); • Warrant to Search, Seize and Examine Computer Data (WSSECD); and real-time collection orders under strict standards.

5) Jurisdiction & venue (where to file)

Criminal complaints for libel/cyber libel are initiated with the Office of the City/Provincial Prosecutor. Venue for libel historically lies where the material was printed and first published, or where the offended party resided at the time of publication (Art. 360). For online posts, prosecutors and courts have applied Art. 360 by analogy, focusing on the offended party’s residence at the time of first publication and/or the place tied to first posting.
R.A. 9995/11313/11930/9775: file where any element occurred (upload, access, distribution, or where the victim resides), consistent with general criminal venue rules.
Civil actions: may be filed where the plaintiff resides or where the wrong was committed.
Protection Orders (R.A. 9262): can be sought in the place of residence, where the offense occurred, or any court where the petitioner resides (for some orders).

6) Step-by-step playbooks

A. If you are facing online defamation

Lock down evidence (see §4).
Send a calibrated demand/clarification (optional in criminal cases but often strategic).
Platform report (defamation/harassment policy category) and request takedown.
Criminal track: Execute a Sworn Complaint-Affidavit with annexes; file with the Prosecutor (pre-charge) or seek help from NBI-Cybercrime Division / PNP-Anti-Cybercrime Group.
Civil track: File a damages suit (Arts. 19/20/21 RPC; Art. 26 rights of personality).
Ancillary relief: Consider Habeas Data (for deletion/rectification of private data), and in extreme cases seek injunctive relief (subject to free-speech constraints).

B. If your nude/intimate images were uploaded without consent (NCII)

Do not message the perpetrator; preserve all evidence.
Rapid takedown:
- Use the platform’s intimate image or non-consensual sexual content reporting flow.
- For minors: trigger child sexual abuse material (CSAM) reporting; platforms will escalate and block hash-matches globally.
File a criminal complaint for R.A. 9995, R.A. 11313, and, if applicable, R.A. 9262 (intimate partners) or R.A. 11930/9775 (minor).
Ask law enforcement to seek WDCD/WSSECD to obtain subscriber info, IP logs, device IDs, and backups.
Civil & administrative routes:
- Civil damages;
- NPC complaint (Data Privacy Act) for erasure, cease-and-desist, and fines;
- School/Workplace complaints under the Safe Spaces Act for sanctions and protective measures.
Safety & mental health: Coordinate with victim assistance groups; consider discrete name/handle change, two-factor authentication, and doxxing-response plans.

7) Practical defenses & pitfalls (for both sides)

Truth is a defense in libel only if the imputation is shown to be true and made with good motives and for justifiable ends.
Qualified privilege protects good-faith communications in performance of duty or interest; malice in fact defeats it.
Opinion vs. fact: Pure opinion is generally not actionable; mixing false factual assertions with opinion is.
Public figures: The “actual malice” standard (knowledge of falsity or reckless disregard) influences analysis, though the RPC’s text still governs.
Multiple counts: Each upload, share, or platform can be treated as separate publications; pleadings should particularize counts.
Prescription traps: Track the date of first publication; do not rely on later edits/comments to restart the clock unless they constitute new publications.

8) Templates (copy-adapt to your facts)

A. Platform Takedown (NCII) – Short Notice

Subject: Urgent Takedown – Non-Consensual Intimate Image (NCII)

I am the person depicted in [URL(s)]. The content shows my nudity/private parts and was posted without my consent. 
This violates your Community Standards and Philippine law (R.A. 9995; R.A. 11313; for minors, R.A. 11930/9775).

Please:
1) Remove/disable access to the content and all duplicates/hash matches,
2) Disable downloads/shares,
3) Preserve all logs, IP addresses, and account data for law-enforcement request,
4) Confirm ticket number and preservation window.

Full name:
Contact:
Proof of ID (attached, sensitive data masked):
Links & timestamps:
Any police report / case number:

B. Criminal Complaint – Sworn Statement (skeleton)

REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF ________ ) S.S.

SWORN COMPLAINT-AFFIDAVIT

I, [Name], of legal age, Filipino, with address at [address], state:

1. On [date/time, PST], the respondent [@handle / name] posted at [URL] a statement/image…
2. The post was accessible to [public/friends/group]; it garnered [#] views/shares.
3. The content imputes [specific accusations / displays my nudity] without my consent.
4. Attached as Annexes “A” to “___” are screenshots, screen recordings, and platform notices.
5. The elements of the offense(s) are present: [brief mapping to law].
6. I respectfully pray for the filing of charges under [R.A. 10175 §4(c)(4) / R.A. 9995 / R.A. 11313 / R.A. 9262 / R.A. 11930/9775], issuance of preservation/disclosure warrants, and prosecution.

[Signature over printed name]
Affiant

SUBSCRIBED AND SWORN before me this [date]…

C. Demand/Cease-and-Desist (defamation)

Re: Defamatory Online Statements

Dear [Name/Handle]:

Your posts dated [dates] at [URLs] falsely state that I [imputation]. These are defamatory per RPC Arts. 353–362 and constitute cyber libel under R.A. 10175.

Demand:
1) Immediate deletion and written retraction pinned for 30 days;
2) Cessation of further defamatory statements;
3) Preservation of your posts, messages, and device data.

Absent compliance within 48 hours, I will pursue criminal, civil, and administrative remedies.

Sincerely,
[Name / Counsel]

9) Special contexts

Minors: Treat any nude/intimate image as CSAEM/child pornography. Do not store or forward the files except to law enforcement; rely on hash-based reporting where possible.
Ex-partners (“revenge porn”): Charge R.A. 9995 and R.A. 9262 (psychological violence), seek Protection Orders, and ask for ex parte relief where available.
Workplace/school cases: Trigger Safe Spaces Act protocols; require confidential handling, non-retaliation, and interim protective measures (no-contact, schedule changes, content filters).
Cross-border uploads: Jurisdiction can still attach if effects occur in the Philippines or if any element occurred here. Use MLAT and platform channels; preserve evidence early.

10) What to ask for (when you get a case number)

Preservation of account data/logs for at least 90–120 days (renewable).
Subscriber information and IP logs tied to the posting events.
Device seizures and forensic imaging (chain of custody).
Content hashes and global blocks (for NCII/CSAEM).
No-contact conditions or protective bail terms if threats accompany the posts.

11) Frequently asked questions

Q: Do I have to send a demand letter before filing cyber libel? A: No. It’s optional and strategic. Avoid threats that look like extortion; keep it factual and professional.

Q: The post was deleted—should I still file? A: Yes, if you have proof (screenshots/links/witnesses) and the harm persists. Deletion doesn’t bar prosecution or civil claims.

Q: Someone only “shared” the NCII—are they liable? A: Yes, distribution/re-posting is punishable. Intent and knowledge matter, but platforms keep logs—don’t assume safety as a mere sharer.

Q: Can I get an order forcing deletion across the internet? A: Courts and regulators can order takedown from specific platforms and compel reasonable steps (hash blocking). Absolute global erasure is unrealistic; focus on rapid suppression and accountability.

12) Ethical and safety considerations

Do not retaliate with doxxing or counterspeech that risks new liability.
Minimize resharing of the harmful content when seeking help; use blurred/redacted versions in demand letters and public reports.
Engage trauma-informed practices; survivors of NCII often need privacy-first handling.

13) Quick reference: who to contact

Criminal complaints: City/Provincial Prosecutor; NBI–Cybercrime Division; PNP–Anti-Cybercrime Group.
Data privacy complaints: National Privacy Commission (NPC).
Workplace/School: your GBV/SSAct focal person or HR / Student Affairs.
Courts: Protection Orders (R.A. 9262), Habeas Data.

14) Counsel’s checklist (one-pager)

Timeline of publications (first upload date/time).
Element-by-element mapping to statutes.
Venue and prescription analysis (libel: 1 year; cyber libel: special-law rules—often treated as up to 12 years—confirm latest jurisprudence).
Evidence annexes with hash values; chain-of-custody plan.
Parallel tracks: criminal, civil, administrative, platform.
Draft orders sought: preservation, WDCD/WSSECD, protection orders, injunctive relief.
Victim support and confidentiality protocols.

Final note

This article synthesizes the prevailing framework and common practice in the Philippines. Specifics—especially prescriptive periods, venue for online publication, and platform duties under newer laws—can pivot with new decisions and implementing rules. For live cases, tailor filings to your facts and verify the latest issuances before computing deadlines or finalizing charges.