Revenge Porn Protection and Complaints Philippines

Here’s a practical, Philippines-focused legal explainer on revenge porn—what it is, what laws apply, how to report it, and what remedies you can pursue. This is general information, not legal advice.

Revenge Porn in the Philippines: The Law, Your Remedies, and How to File Complaints

What counts as “revenge porn”?

“Revenge porn” (often called non-consensual intimate imagery or NCII) is the sharing, re-sharing, selling, or threatening to share another person’s nude/sexual images or videos without that person’s consent. It includes:

  • Uploading or messaging someone’s intimate photos/videos (even if they once consented to capture them).
  • Threats like “send money or I’ll post your nudes” (sextortion).
  • Forwarding “leaked” files, posting links, or storing them in public drives.
  • Recording someone in a private setting (bathroom/bedroom) without consent.
  • Deepfakes of a sexual nature, when used to harass or exploit (covered under general harassment, data privacy, and gender-based online sexual harassment concepts; prosecutors may layer multiple laws).

Consent to be filmed is not consent to share. Philippine law treats recording and distribution as separate acts.


The key Philippine laws you can use

1) Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995)

  • Criminalizes taking, copying, reproducing, selling, distributing, publishing, or broadcasting images or videos of a person’s private parts or of sexual acts without that person’s consent.
  • Applies even if the video was consensually recorded; sharing it still needs separate consent.
  • Protects the victim’s confidentiality (e.g., identity and any identifying details obtained during investigation or case filing).

2) Cybercrime Prevention Act of 2012 (RA 10175)

  • If the unlawful act is committed through computers, phones, or the internet, the penalty is generally raised by one degree (Sec. 6).
  • Provides tools like data preservation, search/seizure of computer data, and real-time collection (subject to court orders).

3) Safe Spaces Act (Bawal Bastos Law) of 2019 (RA 11313)

  • Penalizes gender-based online sexual harassment, including sharing of sexual, misogynistic, homophobic, or transphobic content, and unauthorized recording/distribution of intimate images.
  • Imposes duties on schools, workplaces, and online platforms to address and prevent GBOSH (gender-based online sexual harassment).

4) Data Privacy Act of 2012 (RA 10173)

  • Unauthorized processing or disclosure of personal (and especially sensitive) information can be actionable.
  • You may complain to the National Privacy Commission (NPC) for administrative sanctions; civil and criminal actions may also be pursued.

5) Anti-Violence Against Women and Their Children Act (RA 9262)

  • If the abuser is a spouse/ex-spouse, intimate partner, or someone you had a dating/sexual relationship with, threats to publish, actual publication, or coercion involving intimate images may qualify as psychological violence, enabling criminal action and Protection Orders (e.g., BPO/TPO/PPO).

6) Special protection for children

  • Anti-Child Pornography Act (RA 9775) and the Anti-OSAEC and Anti-CSAEM Act (RA 11930, 2022) provide stricter penalties when the person depicted is under 18 (or appears to be, or is represented as such). ISPs, platforms, and payment providers also have obligations.
  • If there’s coercion, grooming, or trafficking elements, prosecutors can add Anti-Trafficking in Persons Act charges (RA 9208 as amended by RA 10364/RA 11862).

7) Other Revised Penal Code & special-law angles often added

  • Grave coercion, grave threats, unjust vexation, libel, identity theft, falsification, anti-wiretapping (for audio of private communications), and civil-law violations of the right to privacy (Civil Code Arts. 19, 20, 21, 26) and damages.

Bottom line: Prosecutors often stack RA 9995 + RA 10175 + RA 11313 (and others) based on the facts. If a minor is involved, RA 9775/RA 11930 will dominate.


Who can be liable?

  • The original uploader and anyone who re-shares or helps distribute or monetize the material.
  • People who threaten to release the material (even if they never post it).
  • In child cases, anyone who possesses, downloads, views intentionally, or fails to take mandated actions (e.g., ISPs/platforms with statutory duties).
  • Depending on circumstances, platform moderators/administrators may face duties under Safe Spaces, OSAEC, or data-privacy frameworks.

Penalties (what to expect)

  • Penalties typically include imprisonment and fines; under RA 10175, online commission usually means one degree higher than the base offense.
  • Courts can order confiscation of devices, forfeiture of proceeds, deletion/takedown, and destruction of copies in official custody.
  • Civil courts can award moral, exemplary, and actual damages, plus attorney’s fees; injunctions and protection orders may be available.

(Exact prison terms and fines vary by statute and fact pattern. Your counsel can compute specific exposure once charges are chosen.)


Jurisdiction & venue

  • For cyber offenses, venue is flexible: where any element of the crime occurred (e.g., where it was uploaded, where it was accessed), or the complainant’s residence in certain GBOSH/VAWC scenarios. Prosecutors will help pinpoint proper venue.

Step-by-step: How to report and build your case

1) Preserve evidence (immediately)

  • Do not delete messages or accounts; do log out if your safety is at risk.
  • Save original files and device used (phone/PC). Make bit-for-bit copies if possible.
  • Take full-screen screenshots showing URL, date/time, handles, profile links, message headers, filenames, and context (caption, threats).
  • Export chat logs (Messenger, Viber, Telegram, WhatsApp, etc.). Keep email headers intact.
  • Record payment trails (GCash, bank transfers, crypto txids).
  • Keep a timeline: first contact → recording/sharing → threats → takedown attempts.

2) Report to platforms and request takedown

  • Use built-in “non-consensual intimate image” or “sexual exploitation” reporting flows.
  • Submit law-enforcement case numbers when you have them; request preservation of logs.
  • Re-report each re-upload; ask for hash-matching/photoDNA type blocking if offered.

3) File a criminal complaint

  • Go to the PNP Anti-Cybercrime Group (ACG) or the NBI Cybercrime Division. Local stations’ Women and Children Protection Desks (WCPD) also assist, especially for VAWC/child cases.

  • Prepare an Affidavit-Complaint with:

    • Your personal details (and guardian if minor).
    • Factual narration (who/what/when/where/how; include URLs/usernames).
    • Specific laws violated (e.g., RA 9995 in relation to RA 10175; RA 11313; RA 9262; RA 9775/RA 11930 for child cases).
    • Evidence list (storage devices, screenshots, chat exports, receipts).
    • Reliefs sought (arrest, search warrant, data preservation, takedown).
  • Law enforcement may help secure warrants, subpoenas, data preservation orders, and cooperation from ISPs/platforms.

4) Administrative route (Data Privacy)

  • If the images contain personal/sensitive personal information, file a complaint with the National Privacy Commission (NPC) for unauthorized processing/disclosure, alongside criminal and civil actions.

5) Protection Orders (if intimate partner/VAWC)

  • You may seek a Barangay, Temporary, or Permanent Protection Order to stop further harassment, bar contact, and mandate takedown/non-disclosure, among other relief.

6) Civil action

  • File for injunction (to stop/show-cause why sharing should cease) and damages (moral/exemplary/actual). Courts can order immediate takedowns.

Practical tips that strengthen cases

  • Separate consents: If the defense claims “she/he consented,” insist on the distinction between consent to capture vs consent to share. The latter is usually missing.
  • Chain of custody: Keep notes on who handled each device/file and when to avoid evidentiary challenges.
  • Mind deepfakes: Even fabricated nudes can ground GBOSH, defamation, coercion, privacy, and data-privacy claims.
  • Don’t pay extortionists: Payment rarely stops re-uploads and may escalate demands—report immediately as sextortion.
  • Work/school angle: If harassment involves classmates/colleagues or happens on official channels, invoke RA 11313 duties of schools/employers to act (policies, investigations, sanctions).
  • Minors: Never store or forward files “as proof” if a minor is depicted—secure them with law enforcement guidance; possession alone can be a crime.

Common defenses & how they’re addressed

  • She/he sent it to me, so I can share.” → False. Sharing needs separate, explicit consent.
  • It was a joke / no intent to harm.” → Most relevant laws are mala prohibita (the act itself is punishable).
  • I only reshared.” → Re-sharing is punishable; each act of distribution can be charged.
  • It’s already public.” → Continued distribution still injures privacy/dignity; takedowns and liability remain.

What outcomes look like

  • Criminal: Conviction with imprisonment/fines; orders to delete, forfeit devices, and destroy copies in custody.
  • Civil: Injunctions/takedowns and damages.
  • Administrative: NPC sanctions; work/school disciplinary measures under the Safe Spaces Act.

Quick action checklist (you can copy/paste)

  1. Stop contact; preserve evidence (screens, links, headers, devices).
  2. Report on the platform as NCII/sexual exploitation; keep ticket numbers.
  3. File with PNP-ACG/NBI Cybercrime; request data preservation/takedown.
  4. If intimate partner: seek VAWC Protection Order.
  5. Consider NPC complaint and civil injunction/damages.
  6. Get counsel or assistance from a legal aid clinic/NGO; ask for psychosocial support if needed.

FAQs

Is it a crime if I took the video myself? Yes, if someone else shares it without your consent, or threatens to share it.

What if I once said “ok to record”? You can withdraw consent to share; without new, specific consent to distribute, posting is unlawful.

Can I file if the offender is overseas? Yes. Cybercrime venue rules allow filing where any element occurred; prosecutors can use MLAT/law-enforcement cooperation for evidence.

Will my identity be protected? RA 9995 has confidentiality safeguards. Ask investigators/prosecutors to enforce them in pleadings and orders.

Can platforms be compelled to help? With lawful orders, yes: they can be required to preserve logs, produce subscriber info, and take down content.


Useful materials to prepare for your lawyer/prosecutor

  • Affidavit draft (chronology, URLs, usernames, quotes of threats, exact dates/times).
  • Evidence folder organized by platform/date, plus a master index.
  • Device list (model/serial/IMEI), SIM cards, and cloud accounts involved.
  • Witness list (who saw the posts, who received threats).
  • Proof of mental/emotional harm (medical or counseling notes) to support damages.

If you want, tell me your exact situation (e.g., partner/ex-partner, platform used, whether a minor is involved), and I’ll tailor a charge mix and a filing pack checklist you can bring straight to the PNP-ACG/NBI and to a city/provincial prosecutor.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.