Republic Act No. 9995 punishes taking photos or videos of a sexual act or of a person's private areas without consent, and separately punishes copying, selling, distributing, publishing, or broadcasting such material. Crucially, the law states that those prohibitions apply even if the person consented to the recording. The penalty is imprisonment of three to seven years and a fine of 100,000 to 500,000 pesos.
The most damaging misconception about intimate images is that consent to the recording settles everything — that if she agreed to the video, he may do as he likes with it. Philippine law says the opposite, in express terms. The Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995) treats recording and sharing as separate acts, and criminalises the sharing even where the recording was consensual.
What the Law Prohibits
Section 4 of RA 9995 prohibits, broadly:
- Taking a photo or video coverage of a person or group performing a sexual act, or capturing an image of the private area of a person, without consent and under circumstances in which the person has a reasonable expectation of privacy;
- Copying or reproducing such photo or video;
- Selling or distributing it; and
- Publishing or broadcasting it, whether in print, broadcast, or through information and communications technology.
The Provision That Decides These Cases
Here is the language that matters, and it is worth quoting: “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.”
Read it carefully. Even if the person fully consented to being recorded, copying it, selling it, distributing it, or publishing or broadcasting it is still a crime. Consent to the camera is not consent to the group chat. This disposes of the standard defence — “but she let me take it” — as a matter of statutory text, not interpretation.
It follows that the ex-partner who posts a private video after a breakup, the friend who forwards it, and the group chat member who reposts it are each exposed. Distribution is not a lesser wrong under this law; it is a distinct prohibited act.
The Penalty
The penalty is imprisonment of not less than three (3) years but not more than seven (7) years and a fine of not less than ₱100,000 but not more than ₱500,000, or both, at the court’s discretion. There are additional consequences: for a juridical person, the licence or franchise is automatically revoked; a public officer or employee or a professional faces administrative liability; and an alien is subject to deportation after serving the sentence.
The Material Is Inadmissible in Evidence
An important and underused provision: any record, photo, or video, or copy of it, obtained or secured in violation of the law is not admissible in evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation.
The practical consequence is real. A spouse who obtains an intimate video unlawfully cannot simply produce it as evidence of infidelity in a proceeding — and the attempt exposes them to prosecution under RA 9995. Illegally obtained intimate material is not a shortcut; it is a liability.
Where This Overlaps With Other Laws
These cases rarely involve only one statute. Depending on the facts, the same conduct may also violate:
- The Anti-VAWC law (RA 9262), where the offender is a husband, former husband, or a man with whom the woman has or had a dating or sexual relationship — sharing intimate images to control or humiliate her is a form of psychological violence, and a protection order can be obtained quickly;
- The Safe Spaces Act (RA 11313), which covers gender-based online sexual harassment;
- The Cybercrime Prevention Act (RA 10175), where the acts are committed through information and communications technology; and
- The Data Privacy Act, and, where the subject is a minor, the far heavier laws on child abuse and exploitation — which are an entirely different and graver matter.
What to Do If You Are a Victim
Act quickly and do not delete anything. Preserve the evidence: capture the post or message with the account name, the URL, and the timestamps, and keep the originals. Report the content to the platform for takedown, but do not rely on takedown alone — it removes the post, not the liability. Bring the evidence to the PNP Anti-Cybercrime Group or the NBI Cybercrime Division, and file a complaint-affidavit with the prosecutor. Where the offender is a partner or former partner, consider a protection order under RA 9262, which can issue far faster than a criminal case moves.
And a word to anyone tempted to forward such material: you do not have to be the one who filmed it. Under this law, sending it on is itself the crime.
Frequently Asked Questions
If the person consented to the video, is sharing it still a crime? Yes. RA 9995 expressly provides that the prohibitions on copying, selling, distributing, publishing, and broadcasting apply notwithstanding that consent to record was given. Consent to the recording is not consent to its distribution.
What is the penalty under RA 9995? Imprisonment of not less than three years but not more than seven years and a fine of not less than 100,000 pesos but not more than 500,000 pesos, or both. A juridical person's licence is automatically revoked, public officers and professionals face administrative liability, and an alien may be deported after serving sentence.
Can I use an intimate video as evidence of my spouse's infidelity? No. Any record, photo, or video obtained in violation of RA 9995 is inadmissible in evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation, and obtaining or sharing it may expose you to prosecution.
What should I do if someone shared my intimate photos? Preserve the evidence with the account name, URL, and timestamps before anything is deleted, report the content to the platform for takedown, and bring your evidence to the PNP Anti-Cybercrime Group or the NBI Cybercrime Division. If the offender is a partner or former partner, a protection order under RA 9262 may be obtained quickly.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If your private images have been shared without your consent, our firm can help you act quickly and confidentially. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.