Dear Attorney,
I have a concern about a young person sending indecent photos of herself. Is there a law in the Philippines that penalizes this? What could be the possible consequences if this person is found responsible for this act? I would appreciate any guidance on this matter. Thank you.

Concerned Parent

Insights

The act of sending indecent photos, especially by a young person, may fall under several laws in the Philippines, depending on the specifics of the situation. The most relevant legal provisions include those under the Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995) and the Cybercrime Prevention Act of 2012 (Republic Act No. 10175). These laws primarily aim to protect individuals from unauthorized sharing of explicit content, but sending indecent photos of oneself may still lead to legal repercussions.

Under the Cybercrime Prevention Act, acts involving child pornography, which includes explicit photos of minors, are heavily penalized. Even if the sender is a minor, legal consequences may still arise. Both the person sending and anyone receiving or distributing such photos can face charges under this law.

Additionally, the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Republic Act No. 7610) criminalizes any form of child abuse, which could include sending indecent materials.

In cases where the sender is a minor, penalties may be adjusted, considering their age. The Juvenile Justice and Welfare Act (Republic Act No. 9344) provides for rehabilitative measures rather than punitive action for minors in conflict with the law. The minor may undergo intervention programs rather than face criminal liability. However, parents or guardians of minors may also face legal responsibility for failing to prevent the act.

Lastly, the Data Privacy Act of 2012 (Republic Act No. 10173) safeguards individuals against the unauthorized use and sharing of personal data, including explicit photos. Anyone found sharing indecent photos of others without consent, regardless of age, could be prosecuted.