PLAN­NING TO FILE A CASE? HERE’S WHAT YOU NEED TO KNOW

Cosmopolitan (Philippines) - - Feel -

Re­venge porn is il­le­gal un­der R. A. No. 9995 (The Anti-photo and Video Voyeurism Act of 2009) and R. A. 9262 ( The Anti-vi­o­lence Against Women and Their Chil­dren Act of 2004). How­ever, be­cause R. A. No. 9995 fo­cuses on voyeurism, it may fall short when it comes to stolen bikini pho­tos. It pun­ishes steal­ing and post­ing pho­tos of a per­son’s “pri­vate ar­eas” in sit­u­a­tions where one could rea­son­ably be­lieve they wouldn’t be vis­i­ble to oth­ers, whether they’re in a pub­lic or pri­vate place. Is it rea­son­able to claim a woman in a bikini didn’t think her breasts would be vis­i­ble, given she was at the beach? Does her bikini count as “un­der­gar­ments?” “[R. A. 9995] pro­tects women who post pic­tures of them­selves with­out any clear in­ten­tion of mak­ing their pho­tos ‘re­veal­ing’ so to speak, but ap­par­ently not those whose in­ten­tion ap­pears oth­er­wise,” Atty. de­los San­tos ex­plains. You can file a com­plaint with the NBI Cy­ber­crime Di­vi­sion or the PNP Anti-cy­ber­crime Group. How­ever, since un­der the law ev­ery­one is as­sumed in­no­cent un­til proven guilty, the bur­den of proof is on the com­plainant. This means that the vic­tim has to pro­vide the po­lice with a sus­pect. If the per­son who posted your photo used a fake ac­count, it’s up to you to es­tab­lish his iden­tity. Un­til then, the po­lice’s hands are tied be­cause of the Data Pri­vacy Act of 2012, which pro­hibits them from trac­ing a sus­pect’s IP ad­dress with­out a court or­der. That said, you can def­i­nitely ask the PNP or NBI for ad­vice re­gard­ing the ev­i­dence you’ll need to file the case, and how to law­fully ob­tain that ev­i­dence.

Un­for­tu­nately, while steal­ing and post­ing some­one else’s pho­tos is clearly of­fen­sive, whether that act is pun­ish­able un­der the law de­pends on the type of photo that was stolen.

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