Revenge porn — more accurately termed non-consensual intimate image abuse (NCII) or image-based sexual abuse — refers to the distribution, or threatened distribution, of sexually explicit or intimate images or videos of a person without their consent and with the intent to humiliate, harass, control, or punish. In the Philippines, this form of cyber-violence has become one of the most common online gender-based crimes, disproportionately affecting women and girls. The country has developed a robust, multi-layered legal framework that treats revenge porn and its threats as serious criminal offenses punishable by imprisonment and heavy fines.
Primary Law: Republic Act No. 9995 (Anti-Photo and Video Voyeurism Act of 2009)
RA 9995 remains the cornerstone legislation for all forms of non-consensual intimate imagery involving adults.
Key Prohibited Acts (Section 4)
Any person is liable who:
(a) Takes a photo or video of a person performing a sexual act or captures an image of the private area (genitals, pubic area, buttocks, or female breast) without consent and under circumstances where the person has a reasonable expectation of privacy;
(b) Copies or reproduces such material, with or without consideration;
(c) Sells or distributes such material;
(d) Publishes, broadcasts, shows, or exhibits the material through any medium, including the internet, cellular phones, VCD/DVD, or similar devices.
Crucially, the law explicitly states that the prohibited acts are committed “notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s.” This closes the common perpetrator defense that “she agreed to the recording, so I can share it.” Consent to creation is never consent to distribution.
Penalties (Section 5)
- Imprisonment ranging from prision correccional in its minimum period (6 months and 1 day to 2 years and 4 months) to prision mayor in its minimum period (6 years and 1 day to 8 years), depending on the act committed
- Fine of not less than ₱100,000 but not more than ₱500,000, or both, at the court's discretion
- Higher penalties if the victim is a minor or if the offender is a parent, guardian, or person having custody over the victim
- If the offender is a juridical person, the responsible officers are held criminally liable
Cybercrime Enhancement under Republic Act No. 10175 (Cybercrime Prevention Act of 2012)
All offenses under RA 9995 committed through a computer system or the internet automatically carry a penalty one degree higher pursuant to Section 6 of RA 10175. This means:
- Simple voyeurism/distribution online: penalty can reach prision mayor medium (8 years and 1 day to 10 years)
- Additional liability may attach under Section 4(c)(2) (child pornography, if victim is minor) or Section 4(c)(4) (cyber libel, if captions or comments are defamatory)
In practice, prosecutors almost always include RA 10175 as a qualifying circumstance when the material is uploaded to Facebook, Twitter/X, OnlyFans, Telegram groups, or any online platform.
Republic Act No. 11313 (Safe Spaces Act or Bawal Bastos Law, 2019)
The Safe Spaces Act explicitly recognizes gender-based online sexual harassment and includes the following acts committed through information and communications technology:
- Non-consensual dissemination of photos, videos, or any material (real or deepfake) that is sexual in nature and causes or is likely to cause the victim physical, psychological, sexual, or economic harm
- Threats to disseminate such material
- Cyberstalking, relentless messaging, and other forms of online intimidation with sexual undertones
Penalties
- First offense: fine of ₱100,000 to ₱300,000 and/or imprisonment of 6 months and 1 day to 6 years
- Subsequent offenses carry higher fines and longer imprisonment
- Acts committed in conjunction with other crimes (e.g., RA 9995) are punished separately (no absorption rule)
The law also mandates all internet intermediaries (social media platforms, ISPs, websites) to provide mechanisms for reporting and immediate takedown of non-consensual intimate images.
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
When revenge porn or threats occur within dating relationships, live-in arrangements, or marriage (including former relationships), the act constitutes economic abuse and/or psychological violence under Section 5(i).
Threatening to upload intimate photos to force the victim to:
- Return to the relationship
- Withdraw a criminal case
- Pay money or give property
- Perform sexual acts
is punishable as violation of RA 9262, with penalty of prision mayor (6 years and 1 day to 12 years).
Victims may immediately secure a barangay protection order (BPO), temporary protection order (TPO), or permanent protection order (PPO) that can include:
- Prohibition on uploading or threatening to upload images
- Order to turn over all copies of the material
- Payment of support and damages
Threats to Commit Revenge Porn as a Separate Crime
Even if no image is actually distributed, the mere threat is punishable under several provisions:
Grave Threats (Art. 282, Revised Penal Code) – if the threat is conditional and causes fear (e.g., “I will post your nudes if you don’t come back”)
Penalty: prision correccional (6 months and 1 day to 6 years) if conditional; higher if unconditionalLight Threats (Art. 283, RPC) – if the threatened act does not constitute a crime, but still causes alarm
Penalty: arresto mayor (1 month and 1 day to 6 months)Grave Coercion (Art. 286, RPC) – if the threat is used to compel the victim to do or not do something against her will
Penalty: prision correccional (6 months and 1 day to 6 years)Online versions of the above are punished one degree higher under RA 10175 Section 6.
Related Offenses Frequently Charged Together
- Cyberlibel (Art. 355 RPC + RA 10175) – for defamatory captions or comments accompanying the images
- Unjust Vexation (Art. 287 RPC) – catch-all for minor harassment
- Violation of RA 10173 (Data Privacy Act of 2012) – for unauthorized processing of sensitive personal information (intimate images qualify as sensitive personal information)
Penalty: imprisonment from 3 to 6 years and fine of ₱500,000 to ₱4,000,000
Procedural Remedies and Support Available to Victims
Immediate Takedown
- Report to platform (Facebook, Instagram, Twitter/X, Telegram, etc.) – most comply within hours under threat of Philippine liability
- File complaint with the Philippine National Police Anti-Cybercrime Group (PNP-ACG) or National Bureau of Investigation Cybercrime Division (NBI-CCD) for formal takedown request to the Department of Information and Communications Technology (DICT)
Criminal Complaint
- May be filed directly with the Prosecutor’s Office (inquest if perpetrator is arrested; regular filing otherwise)
- No prescription period for RA 9995 + RA 10175 cases because they are continuing crimes while the material remains online
Civil Action for Damages
- Moral, exemplary, and actual damages routinely awarded (₱100,000–₱1,000,000+ in recent cases)
Protection Orders
- Barangay Protection Order (immediate, 15 days)
- TPO/PPO from Family Court (RA 9262 cases) – can be obtained within 24–48 hours
Notable Supreme Court Decisions and Trends (as of December 2025)
- Disini v. Secretary of Justice (2014) – upheld most provisions of RA 10175, including the one-degree-higher penalty rule
- Several Court of Appeals decisions have affirmed that consent to the original recording is immaterial to distribution liability under RA 9995
- Deepfakes and AI-generated intimate images are now explicitly covered under RA 11313 and RA 9995 amendments in jurisprudence
- The Supreme Court has ruled that removal of material from one platform does not end the continuing crime if copies remain accessible elsewhere
Current Enforcement Reality
The PNP-ACG reports handling over 4,000 revenge porn/image-based abuse cases annually (2023–2025 figures). Conviction rates have risen sharply since 2021 due to specialized cybercrime courts and gender-sensitivity training for prosecutors. Most perpetrators are current or former intimate partners (over 85%).
Platforms such as Meta and TikTok now have dedicated Philippine reporting channels that coordinate directly with the PNP-ACG for emergency removals.
Conclusion
The Philippines possesses one of the most comprehensive legal arsenals in Asia against revenge porn and related threats. Victims have multiple, overlapping remedies under RA 9995, RA 10175, RA 11313, RA 9262, and the Revised Penal Code. The law is unequivocally on the side of the victim: consent once given for private intimacy is never irrevocable permission for public distribution or weaponization. Any person — ex-partner, acquaintance, or stranger — who distributes or threatens to distribute intimate images without ongoing, freely given consent faces years of imprisonment and life-altering criminal liability.
Victims are strongly encouraged to document everything, report immediately, and seek protection orders. The message from Philippine law is clear: revenge porn is not a private matter — it is a serious crime against dignity and privacy, and the State will prosecute it aggressively.