Unauthorized Online Distribution of Private Videos

What can a person file against someone who shares his/her private videos online without
his/her consent?

Supposing that a private video (sexual or intimate in nature) was taken by the concerned
person, and another person who was able to take hold or possess a copy of the same with or
without the consent of the concerned person, distributes and shares it online without his/her
consent, he/she may be held liable under the following laws:

1. Sections 4 and 5 of R.A. No. 9995 or the "Anti-Photo and Video Voyeurism Act of
2009"

“Section 4. Prohibited Acts. - It is hereby prohibited and declared

unlawful for any person:

xxx

(d) To publish or broadcast, or cause to be published or broadcast,

whether in print or broadcast media, or show or exhibit the photo or video
coverage or recordings of such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar means or
device.

The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to record or take photo or video coverage of
the same was given by such person/s. Any person who violates this
provision shall be liable for photo or video voyeurism as defined herein.

Section 5. Penalties. - The penalty of imprisonment of not less that three

(3) years but not more than seven (7) years and a fine of not less than
One hundred thousand pesos (P100,000.00) but not more than Five
hundred thousand pesos (P500,000.00), or both, at the discretion of the
court shall be imposed upon any person found guilty of violating Section 4
of this Act.

x x x”

Note: “Broadcast” was defined by the law to mean to make public, by any means, a visual
image with the intent that it be viewed by a person or persons.
2. Sections 25, 28, 29, 31, 32, and 33 of R.A. 10173 or the "Data Privacy Act of 2012″

Section 25. Unauthorized Processing of Personal Information and

Sensitive Personal Information. – (a) The unauthorized processing of
personal information shall be penalized by imprisonment ranging from one
(1) year to three (3) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who process personal
information without the consent of the data subject, or without being
authorized under this Act or any existing law.

(b) The unauthorized processing of personal sensitive information shall be

penalized by imprisonment ranging from three (3) years to six (6) years
and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Four million pesos (Php4,000,000.00) shall be imposed
on persons who process personal information without the consent of the
data subject, or without being authorized under this Act or any existing law.

Section 28. Processing of Personal Information and Sensitive

Personal Information for Unauthorized Purposes. – The processing of
personal information for unauthorized purposes shall be penalized by
imprisonment ranging from one (1) year and six (6) months to five (5)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00)
shall be imposed on persons processing personal information for
purposes not authorized by the data subject, or otherwise authorized
under this Act or under existing laws.

The processing of sensitive personal information for unauthorized

purposes shall be penalized by imprisonment ranging from two (2) years to
seven (7) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
shall be imposed on persons processing sensitive personal information for
purposes not authorized by the data subject, or otherwise authorized
under this Act or under existing laws.

Section 29. Unauthorized Access or Intentional Breach. – The penalty

of imprisonment ranging from one (1) year to three (3) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00) shall be imposed on persons
who knowingly and unlawfully, or violating data confidentiality and
security data systems, breaks in any way into any system where
personal and sensitive personal information is stored.
 Section 31. Malicious Disclosure. – Any personal information controller
or personal information processor or any of its officials, employees or
agents, who, with malice or in bad faith, discloses unwarranted or
false information relative to any personal information or personal
sensitive information obtained by him or her, shall be subject to
imprisonment ranging from one (1) year and six (6) months to five (5)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00).

Section 32. Unauthorized Disclosure. – (a) Any personal information

controller or personal information processor or any of its officials,
employees or agents, who discloses to a third party personal
information not covered by the immediately preceding section
without the consent of the data subject, shall he subject to
imprisonment ranging from one (1) year to three (3) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more
than One million pesos (Php1,000,000.00).

(b) Any personal information controller or personal information processor

or any of its officials, employees or agents, who discloses to a third party
sensitive personal information not covered by the immediately
preceding section without the consent of the data subject, shall be
subject to imprisonment ranging from three (3) years to five (5) years and
a fine of not less than Five hundred thousand pesos (Php500,000.00) but
not more than Two million pesos (Php2,000,000.00).

Section 33. Combination or Series of Acts. – Any combination or series

of acts as defined in Sections 25 to 32 shall make the person subject to
imprisonment ranging from three (3) years to six (6) years and a fine of not
less than One million pesos (Php1,000,000.00) but not more than Five
million pesos (Php5,000,000.00).

Notes:

a. The law defined “Processing” as any operation or any set of operations performed
upon personal information including, but not limited to, the collection, recording,
organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of data.
b. Sensitive personal information includes the sexual life of a person/data subject.
c. Under the law, the processing of sensitive personal information may only be allowed in
cases where the data subject consents and/or for legitimate purposes only.
 3. Section 6 of R.A. No. 10175 or the "Cybercrime Prevention Act of 2012″

Section 6. All crimes defined and penalized by the Revised Penal Code,
as amended, and special laws, if committed by, through and with the
use of information and communications technologies shall be
covered by the relevant provisions of this Act: Provided, That the penalty
to be imposed shall be one (1) degree higher than that provided for by the
Revised Penal Code, as amended, and special laws, as the case may be.

The unauthorized online sharing of private videos may also cause a violation of the RPC and/or
special penal laws, for which the penalty to be imposed will be one degree higher for being
committed through computer means. Examples are (cyberlibel), unjust vexation, grave threats,
and extortion, such as when a person threatens to post or share the video online unless the
victim gives him/her money.

In addition to the unauthorized distribution of the private videos, persons who have seen the
same and participated to comment online (pambabastos) may also be held liable under R.A.
No. 11313 or the “Safe Spaces Act”

Section 3. Definition of Terms. -As used in this Act: x x x

(e) Gender-based online sexual harassment refers to an online

conduct targeted at a particular person that causes or likely to cause
another mental, emotional or psychological distress, and fear of personal
safety, sexual harassment acts including unwanted sexual remarks and
comments, threats, uploading or sharing of one’s photos without
consent, video and audio recordings, cyberstalking and online
identity theft;

Section 12. Gender-Based Online Sexual Harassment. -Gender-based

online sexual harassment includes acts that use information and
communications technology in terrorizing and intimidating victims through
physical, psychological, and emotional threats, unwanted sexual
misogynistic, transphobic, homophobic and sexist remarks and
comments online whether publicly or through direct and private
messages, invasion of victim’s privacy through cyberstalking and
incessant messaging, uploading and sharing without the consent of
the victim, any form of media that contains photos, voice, or video
with sexual content, any unauthorized recording and sharing of any
of the victim’s photos, videos, or any information online,
impersonating identities of victims online or posting lies about victims to
harm their reputation, or filing, false abuse reports to online platforms to
silence victims.
Section 14. Penalties for Gender-Based Online Sexual Harassment. -
The penalty of prision correccional in its medium period or a fine of not
less than One hundred thousand pesos (₱100,000.00) but not more than
Five hundred thousand pesos (₱500,000.00), or both, at the discretion of
the court shall be imposed upon any person found guilty of any gender-
based online sexual harassment. x x x

Section 15. Qualified Gender-Based Streets, Public Spaces and

Online Sexual Harassment. -The penalty next higher in degree will be
applied in the following cases:

(a) If the act takes place in a common carrier or PUV, including, but not
limited to, jeepneys, taxis, tricycles, or app-based transport network
vehicle services, where the perpetrator is the driver of the vehicle and the
offended party is a passenger;

(b) If the offended party is a minor, a senior citizen, or a person with

disability (PWD), or a breastfeeding mother nursing her child;

(c) If the offended party is diagnosed with a mental problem tending to

impair consent;

(d) If the perpetrator is a member of the uniformed services, such as the

PNP and the Armed Forces of the Philippines (AFP), and the act was
perpetrated while the perpetrator was in uniform; and

(e) If the act takes place in the premises of a government agency offering
frontline services to the public and the perpetrator is a government
employee.