Filing a Complaint for Unauthorized Recording and Sharing of Scandalous Videos in the Philippines

Query: Can I immediately proceed to the NBI or any police station to file a complaint against someone who took and shared a scandalous video without my consent?

The unauthorized recording and sharing of scandalous videos without consent is a serious violation of privacy and can be subject to criminal charges in the Philippines. Victims of such acts have several legal avenues to seek redress and protect their rights.

Relevant Laws

1. Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995)

   This law specifically addresses the unauthorized recording and sharing of videos and images. It prohibits the capturing, copying, reproduction, distribution, or publishing of photos or videos of a sexual nature without the consent of the person involved.

2. Cybercrime Prevention Act of 2012 (Republic Act No. 10175)

   This act criminalizes cybercrimes, including cybersex, child pornography, identity theft, and illegal access to data. It also covers the online distribution of scandalous videos without consent, providing additional penalties for such offenses committed via electronic means.

Steps to File a Complaint

1. Gather Evidence

   Collect all possible evidence related to the unauthorized video, including:

   • Screenshots or copies of the video.
   • Records of how the video was shared (e.g., social media posts, messages).
   • Any communication with the perpetrator.

2. Immediate Reporting

   You can report the incident to the following authorities:

   • National Bureau of Investigation (NBI) Cybercrime Division: The NBI has a dedicated division for handling cybercrimes, including cases of unauthorized video sharing.
   • Philippine National Police (PNP) Anti-Cybercrime Group (ACG): The PNP ACG handles cybercrime complaints and can initiate investigations and actions against the perpetrators.

3. Filing a Complaint

   Prepare a formal complaint including:

   • A detailed account of the incident.
   • Personal information and the information of the perpetrator (if known).
   • The evidence you have gathered.

   Submit this complaint to the NBI or PNP ACG.

4. Legal Assistance

   Consider seeking assistance from a lawyer who specializes in cybercrime and privacy law. Legal counsel can help you draft the complaint and guide you through the legal process.

5. Coordination with Authorities

   Cooperate with the investigating officers and provide any additional information or evidence they may require. Follow up regularly on the status of your complaint.

Legal Remedies and Penalties

Under Republic Act No. 9995, the penalties for violating the Anti-Photo and Video Voyeurism Act include imprisonment and fines. The law states:

• Imprisonment: Ranges from three (3) years to seven (7) years.
• Fines: Ranges from P100,000 to P500,000.

Under Republic Act No. 10175, penalties for cybercrimes can be more severe, especially if the video is distributed online, including higher fines and longer imprisonment terms.

Conclusion

Victims of unauthorized recording and sharing of scandalous videos in the Philippines can immediately proceed to the NBI Cybercrime Division or the PNP Anti-Cybercrime Group to file a complaint. By gathering evidence, filing a formal complaint, and cooperating with authorities, victims can seek legal remedies and hold perpetrators accountable under the law.