Video of a Minor Philippines

Can DWSD File a Case for Taking a Video of a Minor in the Context of Providing Aid?

Question:

I took a video of a 12-year-old mother living on the street and sought assistance from DWSD for her well-being. Instead, they said they would file a case against me for recording the video. What are the legal implications?

Answer:

Applicable Laws:

• Republic Act 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act): This act provides protection against abuse and exploitation of minors.
• Republic Act 9775 (Anti-Child Pornography Act): This act criminalizes the creation, publication, and distribution of explicit material involving minors.
• Republic Act 10173 (Data Privacy Act of 2012): This act protects the individual's personal data, including minors.

Is Taking the Video Legal?

1. Intent Matters but Is Not Absolute: Even if your intent was to help, recording a video of a minor without consent, especially one in a vulnerable situation, could be considered invasive or exploitative under RA 7610 or RA 9775.
2. Data Privacy: RA 10173 also restricts the unauthorized collection and sharing of personal data, including videos of minors.

What Could DWSD Do?

1. Filing a Case: DWSD has the authority to initiate cases for the welfare of children, which could potentially include filing a case against you for violation of child protection laws.
2. Investigation: They may conduct an investigation to determine if the video recording was an act of abuse or exploitation.

What Can You Do?

1. Consult a Lawyer: Given the complexities, consulting a legal expert is advisable.
2. Cooperate: Cooperating with the DWSD may show good faith on your part and provide context to your intentions.
3. Cease Sharing: It is advisable to refrain from further sharing the video to limit any additional violations.

Conclusion:

While your intent might have been to help, taking a video of a minor in a vulnerable situation opens up a host of legal complications. Philippine law is particularly stringent when it comes to the rights and protection of minors. Being aware of these laws and following due procedures is crucial when aiming to assist in such delicate circumstances.

Disclaimer:

This article is for informational purposes only and should not be considered as legal advice. Consult a qualified attorney for advice specific to your situation.