In the digital age, the weaponization of intimate images—commonly known as "Revenge Porn"—has become a pervasive form of gender-based violence and digital harassment. In the Philippines, this act is not just a moral grievance; it is a serious criminal offense with heavy penalties.
Legal protection in the Philippines is primarily anchored on two landmark pieces of legislation: the Anti-Photo and Video Voyeurism Act of 2009 (RA 9995) and the Safe Spaces Act (RA 11313), supplemented by the Cybercrime Prevention Act (RA 10175).
1. The Core Offense: RA 9995 (Anti-Photo and Video Voyeurism Act)
The term "revenge porn" is legally addressed under the umbrella of Voyeurism. Under RA 9995, it is illegal to capture, copy, or transmit photos or videos of a person performing sexual acts or showing their "private areas" without their consent.
- The Element of Consent: Even if you originally consented to the photo being taken or the video being recorded (e.g., within a relationship), the law prohibits the sharing, broadcasting, or uploading of that content to a third party or the public without your express written consent.
- Penalties: Violators face imprisonment ranging from 3 to 7 years and a fine ranging from Php 100,000 to Php 500,000.
2. The Safe Spaces Act (RA 11313): Gender-Based Online Sexual Harassment
Enacted in 2019, the Bawal Bastos Law expanded protection to the digital frontier. It specifically penalizes Gender-Based Online Sexual Harassment, which includes:
- Uploading or sharing without consent any form of media that contains photos, voice, or video with sexual content.
- Unauthorized recording and sharing of any information with sexual undertones.
- Cyberstalking and online threats.
Under this law, even the act of "sharing" a leaked video (re-traumatizing the victim) can be considered a violation.
3. The Cybercrime Prevention Act (RA 10175)
While RA 9995 covers the act itself, RA 10175 acts as a penalty enhancer. If any crime defined under the Revised Penal Code or special laws (like Voyeurism) is committed through the use of Information and Communications Technology (ICT), the penalty is increased by one degree.
Legal Remedies: What Can Victims Do?
If you are a victim of revenge porn, the Philippine legal system provides several avenues for redress and protection:
A. Criminal Prosecution
Victims can file a formal complaint with the following agencies:
- PNP Anti-Cybercrime Group (ACG): For technical tracking of the uploader and preservation of digital evidence.
- NBI Cybercrime Division: For investigation and filing of charges with the Department of Justice (DOJ).
B. Protection Orders
Under RA 9262 (Anti-Violence Against Women and Their Children Act), if the perpetrator is a current or former partner, the victim can apply for a Protection Order (TPO/PPO). This can legally compel the perpetrator to cease all forms of harassment and stay away from the victim.
C. Takedown Requests
Under the Safe Spaces Act, victims have the right to demand that social media platforms or website administrators remove the infringing content. Local authorities can also issue orders to service providers to assist in the "scrubbing" of the content from the internet.
Important Reminders for Victims
Preserve Evidence: Do not delete the messages or the posts immediately. Take screenshots of the URL, the profile of the uploader, and the content itself. This digital trail is crucial for the PNP-ACG to establish a case.
The law recognizes that privacy is a fundamental right. In the Philippines, "consent to record" is not "consent to distribute." If someone threatens to release intimate media, they are committing a crime, and the law provides the teeth necessary to bite back.
Would you like me to draft a step-by-step guide on how to preserve digital evidence for a PNP-ACG report?