LAW 101

What to Do When an Ex-Partner Shares Your Explicit Photos or Videos

Consider this scenario: a relationship ends, and out of bitterness one partner sends out the other’s explicit photos and videos. What crimes can be charged? Under Philippine law, several may apply, sometimes at the same time.

1. 1. Violation of the Anti-Photo and Video Voyeurism Act (RA 9995). If the material shows a sexual act or similar activity, or the woman’s private area, it is unlawful to copy or reproduce, distribute, publish or broadcast, or share, show, or exhibit it without the woman’s written consent, even if she previously consented to being recorded. This fits the scenario of forwarding the material to “a lot of people.”

   Legal basis: Anti-Photo and Video Voyeurism Act of 2009 (2010) (RA 9995), on the prohibited acts and on the rule that sharing or broadcasting without written consent is “photo or video voyeurism,” notwithstanding prior consent to the recording.

2. 2. VAWC (RA 9262): psychological violence or harassment after a breakup, if the parties were dating. If they had a dating relationship, uploading or sending intimate images to shame, control, or punish her can be charged as psychological violence or harassment under VAWC. Jurisprudence recognizes that even a single act of harassment causing substantial emotional or psychological distress may be enough.

   Legal basis: Pascua v. Court of Appeals (2010), that a single act of harassment may suffice; and, on the elements of Section 5(h)(5), harassment causing alarm or substantial emotional or psychological distress in the context of a dating or sexual relationship, Sedenio v. People of the Philippines (2026).

3. 3. If money was demanded to stop the sharing: robbery or extortion through intimidation, possibly with a cybercrime penalty upgrade. Where the offender demands money “in exchange for deleting” nude photos posted online, the Supreme Court has treated it as robbery with intimidation, or extortion. When it is carried out through information and communications technology (ICT), the penalty is one degree higher under the cybercrime law framework.

   Legal basis: People v. Tria (2023), for the facts and ruling pattern; and on the penalty upgrade through ICT, Tria v. People of the Philippines (2023).

4. 4. If the victim is a minor: child pornography, including cyber-child pornography. If the woman was below 18 at the time the images or videos were created or shared, child pornography charges may apply. The illustrative case involved coercing a minor to send genital or breast images through Messenger, charged under the cybercrime law in relation to the anti-child pornography law.

   Legal basis: Cadajas v. People of the Philippines (2021), illustrative.

Which charges apply depends on the facts, the relationship between the parties, and the victim’s age. If this has happened to you, a lawyer can help you preserve evidence and act before the deadlines.

This article is general information, not legal advice. Every situation is unique. Please consult a lawyer about your specific circumstances.