Dear Attorney,
I am a 19-year-old college student and deeply regret an online interaction I had, where someone recorded a video of me in a compromising position. This person is now threatening to post the video online unless I send more money. Out of fear, I already sent ₱4,000, but I haven’t heard back from him, and I’m worried the video will be uploaded.
I want to know what legal actions I can take to prevent this from happening and if there’s a way to trace his identity and file charges. I’m scared and would appreciate your advice on how to handle this situation legally.
Sincerely,
A Worried Student
Insights
The legal concept at the heart of this situation is extortion or blackmail, which is punishable under the Revised Penal Code and the Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995) in the Philippines. Both extortion and violations of privacy laws carry serious legal consequences for perpetrators.
Extortion and Blackmail
Under Article 294 of the Revised Penal Code, extortion occurs when someone uses threats, intimidation, or coercion to demand money, services, or other forms of consideration. This is also referred to as grave coercion when the threat involves causing harm or using force against a person. In this case, demanding money in exchange for not releasing sensitive content qualifies as extortion or blackmail.
This crime is punishable by prision correccional, a prison term ranging from six months to six years, depending on the severity of the coercion and the harm caused to the victim. Additionally, the criminal may face penalties under other laws governing electronic crimes.
The Anti-Photo and Video Voyeurism Act of 2009
Under RA 9995, any unauthorized recording, reproduction, or distribution of private videos or images without consent is prohibited. The law explicitly criminalizes actions such as uploading or sharing content that invades someone’s privacy, especially of a sexual nature. This law is critical to protecting individuals from having their privacy exploited or violated online.
Under RA 9995, the offender can be penalized with imprisonment ranging from three to seven years, along with a fine of up to ₱500,000. This law also makes it illegal to capture or disseminate any media showing intimate parts of a person's body without permission.
Steps to Take
File a Complaint: You may file a complaint with the National Bureau of Investigation (NBI) or the Philippine National Police (PNP), particularly their Anti-Cybercrime Division, to trace the perpetrator’s identity using the contact details you have, such as the phone number or Facebook account used.
Gather Evidence: Keep records of all communications, including screenshots of messages, proof of money sent, and any other information that can help in identifying the individual behind the extortion.
Legal Recourse: Once the identity of the perpetrator is determined, you can file criminal charges for both extortion and violations under the Anti-Photo and Video Voyeurism Act. The law is designed to ensure your protection from further harm.
Seek Legal Representation: Consulting a lawyer who specializes in cybercrime or privacy laws can provide you with specific advice tailored to your situation. They can help guide you through the process of pressing charges and possibly securing protective orders to prevent the video from being posted online.
In cases like these, it is essential to act quickly to prevent further victimization and safeguard your rights.