The legal framework
Republic Act 9995 of 2009 prohibits recording a sexual act or the private parts of a person without consent, and — crucially — separately prohibits copying, selling, distributing or publishing such material even if the recording itself was consensual. The Safe Spaces Act extends protection to gender-based online sexual harassment.
Key points
| Statute | Republic Act 9995, the Anti-Photo and Video Voyeurism Act of 2009 |
|---|---|
| Key point | Consent to the recording is not consent to its distribution |
| Safe Spaces Act | Gender-based online sexual harassment, including unwanted sexual images |
| Evidence | The material is inadmissible if obtained in violation of the Act |
| Cybercrime | Penalties are increased where the offence is committed online |
| Penalties | Imprisonment and substantial fines |
| Inadmissibility | Material obtained in breach of the Act cannot be used as evidence |
| Hosting | Online publication attracts the higher cybercrime penalties |
| Protection orders | Available under the anti-violence law where the parties are or were partners |
In practice
- Save the evidence before reporting: screenshots with the URL and date, the account name, and any messages.
- Use the platform's own reporting form first — it is the fastest route to removal — then report to the authority.
- Use StopNCII.org or Take It Down for intimate images: they create a digital fingerprint so participating platforms can block re-uploads without you sending the image anywhere.
- Do not pay a person demanding money to delete an image: payment almost always leads to further demands.
- If the person is a partner or ex-partner, a barangay protection order can be obtained the same day.
Where to go
- PNP Anti-Cybercrime Group.
- NBI Cybercrime Division.
- Commission on Human Rights and women's desks in police stations.
Worth knowing
The separation between consent to record and consent to share is the heart of the statute: an ex-partner who shares a video you agreed to make is committing an offence. Consent to the recording is expressly not consent to distribution. That distinction is written into the statute itself.
Official sources and links
- gov.ph — official government portal