Dear Attorney,

I would like to seek legal advice regarding the issue of posting photos on social media platforms like Facebook without the subject’s permission. Is this allowed under Philippine law? What possible legal remedies are available to individuals who discover their photos have been posted without consent? I’m concerned about privacy and potential defamation in this context.

Thank you,
Concerned Citizen

Insights

In the Philippines, the legal framework regarding the unauthorized posting of photos on social media platforms, such as Facebook, touches on multiple laws and legal concepts, including the right to privacy, intellectual property law, data privacy law, and defamation. The unauthorized use of an individual's image may result in legal liability, depending on the specific circumstances. Below is an in-depth look at the relevant laws and issues involved in posting photos without permission in the Philippine legal context.

Right to Privacy

The right to privacy is enshrined in the 1987 Philippine Constitution under Article III, Section 3, which guarantees the privacy of communication and correspondence. Posting someone’s photograph without permission can be considered a violation of their right to privacy if done in a way that intrudes on their private life.

In particular, public figures may have a lower expectation of privacy due to their visibility and involvement in public affairs, but ordinary individuals retain a higher expectation of privacy. Unauthorized publication of personal or sensitive photos may give rise to legal claims under tort law for invasion of privacy.

There are four types of privacy invasion under Philippine jurisprudence:

Intrusion upon seclusion – unauthorized physical or digital intrusion into someone's personal life.
Public disclosure of private facts – sharing personal, private details with the public.
False light – disseminating information that portrays someone in a misleading manner.
Appropriation of likeness – using someone's image for commercial or exploitative purposes without consent.

Data Privacy Act (Republic Act No. 10173)

Another important law that governs the unauthorized posting of photos in the Philippines is the Data Privacy Act of 2012. This law protects personal data, which includes images or any other information that identifies an individual.

Personal Information: If an individual's photograph can be classified as personal information (i.e., it can identify them), then posting it without consent could be a violation of this law. The Data Privacy Act mandates that the collection, processing, and dissemination of personal data must be done with consent.
Sensitive Personal Information: If the photograph reveals sensitive information (such as health conditions, religious affiliation, etc.), the penalties under the law become more severe.

Under the law, a person whose image is shared without consent can file a complaint with the National Privacy Commission (NPC), which may impose penalties on violators, including fines and imprisonment.

Intellectual Property Law

The unauthorized use of a photograph that you personally own or have taken may also be considered a violation of intellectual property rights, particularly under Republic Act No. 8293 or the Intellectual Property Code of the Philippines. If you own the copyright to the photo and it is used without your permission, this can give rise to copyright infringement claims.

Ownership of Photographs: Typically, the copyright of a photo belongs to the photographer, and any unauthorized use, whether on social media or other platforms, can be actionable under intellectual property law. However, if the image involves another person, that person’s consent to display their likeness is often required to avoid privacy violations.

Defamation and Libel

Posting a photo that paints the subject in a negative or defamatory light may also result in a libel suit under Article 353 of the Revised Penal Code or Cyberlibel under Republic Act No. 10175 or the Cybercrime Prevention Act of 2012. Cyberlibel applies to defamatory statements made over the internet, including social media posts that unjustly expose someone to public hatred, contempt, or ridicule.

Libel Elements: To constitute libel, the post must:
1. Be defamatory (i.e., tends to injure the reputation of the person).
2. Be made public (i.e., shared on a platform like Facebook).
3. Be malicious (presumed if defamatory).
4. Identify the victim (either directly or indirectly).

A person who feels that their photo has been posted maliciously can file a complaint for libel or cyberlibel. This is especially relevant if the post includes captions or context that could damage the person’s reputation.

Legal Remedies for Unauthorized Posting

Civil Lawsuits: An individual whose privacy or intellectual property rights have been violated may file a civil case for damages. The courts may award moral damages, exemplary damages, and even compensatory damages if the person can prove harm.
Data Privacy Complaints: A complaint can be filed with the National Privacy Commission for breaches of the Data Privacy Act. The NPC has the authority to investigate, mediate, and resolve disputes concerning personal data violations.
Injunctions: A person whose image has been posted without consent may seek an injunction from the courts to compel the removal of the content from social media platforms.
Criminal Prosecution: If the photo post constitutes a crime (such as libel or cyberlibel), the aggrieved party can file criminal charges. Conviction under cyberlibel can result in imprisonment or a hefty fine.
Takedown Requests: Platforms like Facebook have internal mechanisms for reporting violations of their community standards, including the unauthorized posting of private images. If all else fails, an individual can report the content for removal based on privacy or harassment concerns.

Conclusion

The unauthorized posting of someone’s photo on Facebook or any social media platform without permission in the Philippines may have significant legal implications. Depending on the circumstances, it may violate privacy rights, intellectual property law, or even defamation laws. It’s essential to obtain consent before sharing someone’s image online to avoid potential legal repercussions. If you find yourself in a situation where your photo has been shared without permission, you have several legal avenues to explore to seek redress, including filing a complaint with the National Privacy Commission, seeking damages in civil court, or pursuing criminal charges for libel.