General information only – not a substitute for advice from a Philippine lawyer familiar with your specific situation.

I. Overview: Why Photo Use Is Legally Sensitive

In the Philippines, the unauthorized use of photos touches several overlapping rights:

Copyright – the rights of the photographer (or whoever owns the copyright).
Privacy, dignity, and personality rights – the rights of the person shown in the photo.
Data protection – when the photo contains personal or sensitive personal information.
Protection against harassment, shaming, sexual exploitation, and abuse – especially for minors and women.
Reputation and honor – when a photo is used in a defamatory, humiliating, or misleading way.

Because of this, a single unauthorized use can give rise to multiple legal remedies at the same time: civil, criminal, administrative, and practical “platform-based” remedies.

II. Main Legal Bases in Philippine Law

Key sources of law on unauthorized use of photos include:

1987 Constitution
- Guarantees the right to privacy and human dignity.
- Courts have recognized a constitutional right to privacy (especially for private individuals), while allowing broader scrutiny of public figures.
Civil Code of the Philippines
- Art. 19 – everyone must act with justice, give everyone their due, and observe honesty and good faith (“abuse of rights” doctrine).
- Art. 20 – whoever, contrary to law, causes damage to another is liable.
- Art. 21 – willful acts contrary to morals, good customs, or public policy that cause damage give rise to liability.
- Art. 26 – protects privacy, dignity, and personality (e.g., meddling with private life, intriguing to alienate friends, vexing or humiliating a person).
- Arts. 2180, etc. – vicarious liability of employers, parents, guardians for acts of those under their supervision.
- Arts. 2199–2208 – rules on actual, moral, exemplary, nominal, and temperate damages, and attorney’s fees.
Intellectual Property Code (IPC) – R.A. 8293
- Protects copyright in photographs and other works.
- Recognizes economic rights (to reproduce, distribute, display, etc.) and moral rights (attribution and integrity) of authors.
- Provides civil and criminal remedies for copyright infringement.
Data Privacy Act (DPA) – R.A. 10173
- Applies when photos contain personal information (anything that identifies a person) or sensitive personal information (e.g., health, sexual life, minor’s data, etc.).
- Regulates collection, processing, and disclosure of such images by “personal information controllers” and processors.
- Provides administrative sanctions and gives basis for civil liability.
Anti-Photo and Video Voyeurism Act – R.A. 9995
- Punishes taking, copying, selling, distributing, or publishing photos or videos of a person’s private area, nudity, or sexual act, or images taken under circumstances implying reasonable expectation of privacy, without consent.
- Often applies to “leaked nudes,” hidden-camera content, and similar abuses.
Cybercrime Prevention Act – R.A. 10175
- If the wrongful use happens through a computer system or the internet, acts like libel or voyeurism can be qualified as cybercrime, generally increasing penalties.
Special Laws (depending on circumstances)
- R.A. 7610 – Special Protection of Children Against Abuse, Exploitation, and Discrimination.
- R.A. 9775 – Anti-Child Pornography Act (covers sexualized images of minors).
- R.A. 9262 – Anti-Violence Against Women and Their Children (VAWC), if the misuse of photos is part of psychological or emotional abuse.
Revised Penal Code (RPC)
- Libel – if photos are used with defamatory captions or contexts.
- Unjust vexation, grave coercion, threats, acts of lasciviousness – depending on conduct surrounding the use of photos.

III. Who Owns What? Photographer vs. Subject

1. Copyright (Photographer / Rights Holder)

Under the IP Code:

The author of a photograph is usually the photographer.
The photographer (or employer, for certain commissioned or employment works) owns the economic rights:
- To reproduce the photo;
- To distribute copies;
- To display it publicly;
- To adapt it, etc.
The photographer also has moral rights:
- To be credited as the author;
- To object to any distortion or mutilation that would be prejudicial to their honor or reputation.

Important: Even if you appear in a photo, that does not automatically make you the copyright owner. Ownership depends on who created the photo and on contracts (e.g., employment, commissioned work, assignment agreements).

2. Personality and Privacy Rights (Person in the Photo)

Separately, the person whose image is used has:

Privacy and personality rights under the Civil Code and Constitution.
Possible data privacy rights under the DPA.
Protection from:
- Unauthorized commercial exploitation of their likeness (e.g., using their face in an advertisement without consent);
- Public shaming, humiliation, or harassment;
- Sexual exploitation or voyeurism.

Thus, unauthorized use can violate both:

the photographer’s copyright, and
the subject’s privacy/dignity rights.

Both can have their own claims, and sometimes they can both sue (for different injuries).

IV. What Counts as “Unauthorized Use”?

Typical situations include:

Commercial use without consent
- Using someone’s photo on posters, billboards, brochures, or online ads without a valid model release or contractual consent.
- Using user-generated content in ads beyond what the terms allow.
Online posting or sharing without consent
- Uploading photos to social media (Facebook, TikTok, Instagram, X, etc.) of a person in a compromising or humiliating situation.
- Turning personal photos into memes or “call-out” posts.
Sexual or intimate photos
- Sharing nudes or intimate photos sent in confidence to another person.
- Posting or sharing hidden-camera photos or upskirt images.
Misleading or defamatory contexts
- Using someone’s photo next to headlines or captions implying criminal, immoral, or embarrassing behavior.
- “Fake news” posts attaching a person’s image to false accusations.
Deepfakes and AI-generated images
- Digitally manipulating someone’s face onto another body (especially in sexual or defamatory contexts).
Use beyond agreed scope
- A company that got permission to use a photo for internal materials but later uses it for public advertising.
- Use beyond the agreed duration, territory, or medium in a license or contract.

Photos Taken in Public vs. Private

If the photo is taken in a public place, expectation of privacy is lower, and certain uses (e.g., news reporting, non-commercial documentation) are more likely to be allowed.
If taken in a private setting (homes, restrooms, hotel rooms, changing rooms, clinics, etc.), expectation of privacy is strong and unauthorized taking or publishing is far more likely to be actionable, especially under R.A. 9995 and privacy laws.

V. Civil Remedies

A. Civil Code Actions

Abuse of rights / acts contrary to law or morals
- You can sue under Arts. 19, 20, and 21 if someone’s unauthorized use of your photo:
  - Violates a law (e.g., IP, privacy, special protection laws), or
  - Is clearly against good morals, good customs, or public policy.
Protection of privacy and personality (Art. 26)
- For meddling, prying into private life, or humiliating or vexing a person via unauthorized posting or spreading of photos.
Damages you may claim
- Actual damages – financial losses (e.g., lost endorsement deal, lost client, medical expenses, therapy).
- Moral damages – for mental anguish, anxiety, humiliation, wounded feelings.
- Exemplary damages – to serve as a deterrent if the act was done in a wanton, fraudulent, or oppressive manner.
- Nominal or temperate damages – when there’s a violation but not enough proof of actual loss.
- Attorney’s fees and costs – under certain conditions (e.g., if you were compelled to litigate to protect your rights).
Injunctions / restraining orders
- You may ask the court for a Temporary Restraining Order (TRO) and/or a preliminary injunction to stop the continued use or dissemination of the photos while the case is pending.
- After trial, a permanent injunction can be issued, prohibiting further use.

B. Copyright Infringement (IP Code)

If you own the copyright (e.g., you are the photographer or assignee) and another party:

Uses your photo without permission;
Exceeds the scope of your license; or
Removes your credit or distorts your work,

you may:

File a civil action for infringement:
- Ask for actual damages (e.g., lost licensing income, harm to market value);
- Or ask for reasonable license fees (what you should have been paid);
- Plus moral and exemplary damages, when justified;
- Attorney’s fees;
- Impounding, seizure, and destruction of infringing copies and materials.
Seek an injunction to immediately stop unauthorized use.
Administrative remedies via IPOPHL (see below).

C. Data Privacy Act Remedies

If the photo contains personal data, especially sensitive personal information:

The data subject may complain that the collection, processing, or disclosure was:
- Without valid consent;
- Not covered by any lawful basis; or
- Excessive or incompatible with declared purpose.
Possible results:
- Investigation and orders from the National Privacy Commission (NPC), such as:
  - Ordering the entity to stop processing;
  - Ordering corrective measures;
  - Possible administrative fines or sanctions (subject to the Commission’s rules).
- Separate civil actions for damages in regular courts based on unlawful processing or negligent security.

D. Contract-Based Remedies

If there’s a contract (model release, endorsement contract, licensing agreement) and the other party uses your photos:

Beyond scope or duration,
For different products/services,
Contrary to morality clauses or exclusivity arrangements,

you can sue for:

Breach of contract (specific performance or rescission plus damages);
Injunction to stop further breach.

VI. Criminal Liability

Unauthorized use of photos can, in many situations, be a crime.

A. IP Code Criminal Infringement

When the infringement is:

Willful; and
For profit or gain,

criminal charges (fines and imprisonment) may be filed in addition to civil actions.

B. Anti-Photo and Video Voyeurism Act (R.A. 9995)

Applies when:

The images involve nudity, sexual acts, or private parts, OR
They were taken under circumstances where the person has a reasonable expectation of privacy (e.g., private room, restroom, etc.); AND
The photos or videos are sold, copied, distributed, or published (including online) without consent.

Violations can lead to imprisonment and fines, and courts can also order confiscation and destruction of the materials.

C. Cybercrime Prevention Act (R.A. 10175)

If any of the above offenses (e.g., libel, voyeurism) are committed through a computer system or the internet, they can be treated as cybercrimes.
Penalties are usually one degree higher, and law enforcers can use cybercrime procedures (e.g., preservation and disclosure of computer data).

D. Revised Penal Code and Special Penal Laws

Depending on the circumstances:

Libel – if the publication of the photo, together with text, tends to dishonor or discredit a person.
Unjust vexation – for acts causing annoyance or disturbance without justification.
Grave coercion – forcing a person to do something against their will (e.g., forcing someone to pose or consent).
Acts of lasciviousness / child abuse / child pornography – if the photos sexualize a person, especially a minor.
VAWC (R.A. 9262) – if the misuse of photos is part of psychological abuse against a woman or her child by a partner or former partner.

Criminal cases are filed with the Office of the Prosecutor, and if probable cause is found, an information is filed in court.

VII. Administrative and Quasi-Judicial Remedies

A. National Privacy Commission (NPC)

You can file a complaint when:

A company, school, employer, website, or organization uses your photos as personal data without complying with the DPA (e.g., no consent, no lawful basis, insecure processing, excessive retention or sharing).

NPC can:

Investigate;
Order compliance measures;
Issue cease-and-desist orders;
Impose administrative sanctions according to its rules.

B. Intellectual Property Office of the Philippines (IPOPHL)

Photographers and copyright owners can:

File administrative complaints with IPOPHL’s Bureau of Legal Affairs (BLA) for copyright infringement.
Seek damages, injunction, and other reliefs through administrative proceedings, which may be faster in some circumstances than full-blown court litigation.

C. Other Agencies

NTC / MTRCB / KBP, etc., may be involved if unauthorized photos appear in broadcast media, films, or shows, and violate broadcasting or content standards.

VIII. Defenses and Limitations

Not all uses of photos without express permission are unlawful. Defenses may include:

1. Consent

Express consent – written or clear verbal permission, often in the form of a model release or contract.
Implied consent – sometimes inferred from circumstances (e.g., posing in an event booth where standard consent notices are clearly posted).
However:
- Consent must be informed and given by someone with capacity (e.g., parents/guardians for minors).
- Consent can often be limited (by time, purpose, platform, etc.).
- Changing circumstances (e.g., use becoming immoral or grossly misleading) can still give rise to claims under Art. 21 or special laws.

2. Fair Use (Copyright)

The IP Code recognizes fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Courts consider factors like:

Purpose and character of the use (commercial vs. non-commercial, transformative or not);
Nature of the copyrighted work;
Amount and substantiality of the portion used;
Effect of the use on the market for the original.

Fair use is not a blanket excuse and is evaluated case-by-case.

3. News and Public Affairs; Public Figures

Legitimate news reporting on matters of public concern can justify photographing and publishing images of people, especially public figures or public officials, subject to:
- Accuracy;
- Good faith;
- Absence of actual malice for libel;
- Respect for minors and victims of crimes.

4. Public Domain or Expired Rights

If copyright has expired (after the statutory term) or the work has been explicitly dedicated to the public domain, infringement claims may no longer be available—though privacy and personality rights may still apply if the subject is identifiable and harmed.

5. Incidental Inclusion

If a person or copyrighted photo appears incidentally in a larger scene (e.g., a street photo where a billboard appears in the background), this may be considered non-infringing or covered by specific exceptions in the IP Code.

IX. Practical Steps for Someone Whose Photo Was Misused

If you discover your photo is being used without authorization:

Document everything
- Take screenshots showing:
  - The image;
  - The URL, date, and time;
  - Context (captions, comments, surrounding text).
- Keep copies of messages, e-mails, and any admissions from the other side.
- Consider having screenshots printed and notarized to bolster evidentiary value.
Secure originals
- Preserve original copies (RAW files, image metadata, original messages where the photo was shared) to prove ownership or origin.
Send a demand letter
- Through counsel (or yourself, if necessary), send a cease-and-desist or demand letter:
  - Identify the offending acts;
  - Assert your rights (privacy, copyright, data privacy, etc.);
  - Demand takedown, compensation, and written undertakings not to repeat the act.
Use platform mechanisms
- Report the unauthorized use via social media platforms’ report tools, especially under:
  - Intellectual property infringement;
  - Privacy violation;
  - Bullying/harassment or sexual content.
- Many platforms have photo removal or impersonation policies even independent of state law.
Choose the legal route(s)
- Civil case – for damages and injunctions (in Regional Trial Court).
- Criminal complaint – with the Office of the Prosecutor for R.A. 9995, libel, cybercrime, child pornography, etc.
- Administrative complaint – with NPC (for DPA issues) or IPOPHL (for copyright).
- These can sometimes proceed in parallel (e.g., a criminal case for voyeurism and a civil case for moral damages).
Consider settlement
- Parties often settle via:
  - Removal of the images;
  - Payment of compensation;
  - Public apology;
  - Agreements on future non-use.

X. Special Situations

1. Workplace and School Settings

Employers and schools often collect photos (ID pictures, event photos, marketing materials).
Use for ID cards, yearbooks, internal newsletters may be routine, but:
- Public advertising (billboards, social media campaigns) may require clear consent, especially for minors and employees.
- Under the DPA, organizations should have privacy notices and obtain proper consent or rely on appropriate legal bases.

2. Influencers, Creators, and UGC

Brands using user-generated content (UGC) must comply with:
- Platform terms;
- IP laws;
- Data privacy rules;
- Truth-in-advertising principles.
Influencers should also ensure that photos they use are:
- Properly licensed;
- Not violating someone’s privacy or data rights;
- Not defamatory or harassing.

3. Cross-Border Online Use

Websites hosted abroad can make enforcement difficult, but:
- You can still sue local parties (e.g., local re-posters, local entities benefiting from the misuse).
- You can use global platforms’ policies (e.g., reporting tools, IP complaints) to obtain takedowns.
- In serious cases (e.g., child pornography, cybersex trafficking), international cooperation may come into play.

4. Minors and Vulnerable Persons

Courts, prosecutors, and regulators often afford greater protection to minors and vulnerable persons.
Parents or guardians can act on behalf of minors.
Special laws like R.A. 9775 and R.A. 7610 impose higher penalties and stricter rules on images involving children.

XI. Conclusion

In the Philippines, unauthorized use of photos is not a trivial matter. It can affect:

Economic rights (through copyright and licensing);
Privacy and dignity (through unwanted exposure or shaming);
Safety and mental health (especially with intimate images);
Reputation and relationships.

Because multiple legal regimes overlap—civil, criminal, administrative, and platform-based—a person harmed by unauthorized use of photos often has several possible courses of action.

For anyone dealing with a real situation (as a photographer, company, or victim):

Carefully review any contracts or consent forms;
Assess which rights are affected (copyright, privacy, data privacy, reputation, etc.);
Consider engaging a Philippine lawyer to choose among civil, criminal, and administrative options;
Use online platform tools in parallel to quickly limit further spread of the images.

Understanding these layers helps both prevent violations (by using images properly) and respond effectively when rights have been infringed.