Posting Private Photos or Videos Without Consent

The law protects two kinds of images (Section 3(d)):

• photos or videos of a person or persons "performing sexual act or any similar activity"; and
• images of a person's private area, which the law defines as the naked or undergarment-clad genitals, buttocks or female breast and the area around the genitals (Section 3(e)).

The law protects people "under circumstances in which such person/s has/have a reasonable expectation of privacy". Section 3(f) explains this: situations where a reasonable person would believe he or she could undress in privacy without being photographed, or that a private area would not be visible to the public, "regardless of whether that person is in a public or private place".

Section 4 lists four prohibited acts:

1. Taking a photo or video of a sexual act or similar activity, or capturing an image of a person's private area, without consent and where the person had a reasonable expectation of privacy (Section 4(a)).
2. Copying or reproducing such a photo, video or recording, or causing it to be copied, with or without payment (Section 4(b)).
3. Selling or distributing it, or causing it to be sold or distributed, whether the original or a copy (Section 4(c)).
4. Publishing, broadcasting, showing or exhibiting it, including "through VCD/DVD, internet, cellular phones and other similar means or device" (Section 4(d)).

Not for sharing it. The last paragraph of Section 4 says the bans on copying, selling, distributing and publishing apply even if "consent to record or take photo or video coverage of the same was given". The definition in Section 3(d) also requires "the written consent of the person/s involved" before such material is sold, copied, shared or shown.

In short: agreeing to be recorded is not agreeing to have the recording sent to others or posted online.

Section 5 sets "imprisonment of not less than 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 (500,000.00), or both, at the discretion of the court". The law also provides that:

• if the offender is a company or other juridical person, its license or franchise is automatically deemed revoked;
• public officers and professionals are also administratively liable; and
• a foreign offender is subject to deportation after serving the sentence and paying the fine.

Under Section 7, any record, photo or video obtained in violation of the law, or a copy of it, cannot be used as evidence in any court, quasi-judicial, legislative or administrative hearing or investigation.

In XXX261049 v. People (2023), a man hid a phone in a soap box to film women while they bathed. The Court listed the elements of Section 4(a): the accused took a photo or video of a sexual act or captured an image of a private area; it was taken without consent; and it was taken where the person had a reasonable expectation of privacy. Because the phone was hidden "in an unobtrusive manner", the videos were taken without consent. The conviction was affirmed even without direct evidence, as the Court said: "There is no requirement in our criminal law that only direct evidence may convict."

In Verano v. People (2026), the accused uploaded online a nude photo that the woman had sent him. He was acquitted of the charge under Section 4(b), because no copying was proven. The Court said that uploading the photo online was "a different crime", a violation of Section 4(d). The case shows that the paragraph charged must match what was done.

A different remedy was tried in Vivares v. St. Theresa's College (2014): students' photos in their undergarments, uploaded on Facebook, were the subject of a petition for a writ of habeas data on privacy grounds, not a voyeurism case. The petition against the school was denied: among other reasons, the Court found no proof that the students had limited who could see the photos.

It can be. The Safe Spaces Act (RA 11313) defines gender-based online sexual harassment to include "uploading or sharing of one's photos without consent" that causes or is likely to cause mental, emotional or psychological distress (Section 3(e)). Section 14 punishes it with prision correccional in its medium period or a fine of ₱100,000 to ₱500,000, or both. Section 13 says the PNP Anti-Cybercrime Group shall receive these complaints.

Other laws may also apply depending on the facts, for example threats made to get money or favors. See Blackmail: threatening to expose someone unless paid. If the victim is a woman and the person who posted the material is her current or former husband, boyfriend or partner, see also How to file a VAWC case.

These are made-up examples to show how the rules work. They are not advice for any real case.

Carlo and Mia recorded an intimate video together, with Mia's consent. After they break up, Carlo sends it to a group chat. The law bans sharing "notwithstanding that consent to record" was given (Section 4), so Carlo's act falls under Section 4(c) or (d). The penalty is 3 to 7 years and a fine of ₱100,000 to ₱500,000, or both.

Jen finds out that a boarder in her house placed a phone in the bathroom. Taking such a video without consent, where she expected privacy, is the act in Section 4(a), even if the video was never shared.

Talk to a lawyer as early as possible if your photos or videos were taken or shared without consent, especially if you want to file a criminal complaint, ask for the material to be taken down, or claim damages. A lawyer can also explain how evidence of the posts is kept for a case. If you are the one being accused, talk to a lawyer before giving any statement.

If you cannot afford a lawyer, see Free legal help in the Philippines.