Dear PAO,

My friend had a boyfriend who always pressured her to send photos of herself touching her private parts. Each time he asked, she would initially refuse because she really felt uncomfortable. He would then turn it into a huge fight, forcing her to give in to his demands. After a year in such a toxic relationship, she finally had the courage to end it.  A few weeks ago, though, she learned from her ex-boyfriend’s cousin that her ex had sent him intimate photos via a messaging application, showing her touching her breasts. At first, she did not want to believe it until the cousin showed her the photos on his phone.  My friend wants to file a complaint against her ex-boyfriend. She saw online posts stating that this might be considered voyeurism, but she is unsure if she can pursue a complaint since she was the one who took those photos and sent them to him. While she admits sending the photos, she never gave him any permission to share them with anyone. Can she take legal action against her ex-boyfriend? Please advise.

Elvie

Dear Elvie, Photo or video voyeurism as defined under Republic Act (RA) 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009, includes the acts of: (1) unconsented taking photo or video of a person or persons performing sexual act or any similar activity; (2) unconsented capturing an image of a person’s or persons’ private area when such person/s has/have a reasonable expectation of privacy; and (3) selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video without the written consent of the person/s involved, even if consent to record or take the photo or video was given by such person/s. This is provided for under Section 3 (d) of RA 9995, specifically: “Section 3. Definition of Terms. – For purposes of this Act, the term:x x x “(d) x “Photo or video voyeurism” means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter’s consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such person/s.” In the situation of your friend, although she was the one who took and sent the photos herself, this does not bar her from pursuing a complaint. The crucial point is that she never gave her written consent for those photos to be shared with others. While her ex-boyfriend had the right to view those photos as the intended recipient, the latter had no authority to broadcast or share them with anyone else without first obtaining your friend’s written consent. It is worth noting that the term “broadcast,” as defined under Section 3 (a) of RA 9995, “means to make public, by any means, a visual image with the intent that it be viewed by a person or persons.” Since her ex-boyfriend shared the photos with his cousin, this act falls under broadcasting and thus qualified as voyeurism.

Corollary, such act of broadcasting sensitive photos without your friend’s written consent is considered a prohibited act and declared unlawful under Section 4 (d) of RA 9995 which explicitly states: “Section 4. Prohibited Acts. – It is hereby prohibited and declared unlawful for any person: “x x x “(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.” Accordingly, we submit that your friend may pursue filing a criminal complaint against her ex-boyfriend. If, in the prosecution of the case, it is established beyond reasonable doubt that her ex-boyfriend violated the afore-mentioned provision of RA 9995, the penalty of imprisonment of not less than three years but not more than seven years and a fine of not less than One hundred thousand pesos but not more than Five hundred thousand pesos, or both, at the discretion of the court, can be imposed upon him. (Section 5, id) We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]