Taking someone's picture in public - Philippines (2024)

FAQs

Taking someone's picture in public - Philippines? ›

The Anti-Photo and Video Voyeurism Act of 2009 is a Philippine law that criminalizes the unauthorized capturing, distribution, and publication of explicit photos or videos without consent, with violators facing imprisonment and fines.

The Anti-Photo and Video Voyeurism Act of 2009 is a Philippine law that criminalizes the unauthorized capturing, distribution, and publication of explicit photos or videos without consent, with violators facing imprisonment and fines.

It is legal to photograph or videotape anything and anyone on any public property, within reasonable community standards. Photographing or videotaping a tourist attraction, whether publicly or privately owned, is generally considered legal, unless explicitly prohibited by a specific law or statute.

If you believe your privacy has been invaded or that the video is defamatory or harassing, you may file a complaint with the Philippine National Police (PNP) Cybercrime Division, or a relevant local law enforcement agency. You may also opt for a civil lawsuit to claim damages.

Secret photography is the use of an image or video recording device to photograph or film a person who is unaware that they are being intentionally photographed or filmed. It is sometimes called covert photography.

If someone has posted false information about you on social media that harms your reputation, you might be able to sue them for online libel under Article 353 of the Revised Penal Code and the Cybercrime Prevention Act of 2012.

Invasion of Privacy

The Philippine constitution guarantees the right to privacy. A person who posts someone else's private information or images without consent may be guilty of invasion of privacy under civil or criminal law.

Generally, taking photographs in public places is permissible. However, the legality becomes complex when the photograph infringes upon someone's privacy or causes harm.

The quickest way to report abuse is by using the Find Support or Report links located near the photo or video that you want to report. Below you'll also find links to more detailed forms that you can use to report a violation of your privacy.

Requirements for publishing images

Anyone is allowed to take photos of anyone or anything in a public space. If the photo is for personal enjoyment, nothing else is required—you don't need a model release form or permission.

What is the anti recording law in the Philippines? ›

It is unlawful for any person, without the authorization of all parties involved, to tap any wire or cable or use any other device to secretly overhear, intercept, or record private communication or spoken words.

In Philippine law, defamation, which includes slander (spoken defamation) and libel (written defamation), is a criminal offense under Articles 353-362 of the Revised Penal Code. Defamation is the act of harming another person's reputation by making false statements.

Unjust vexation is a criminal offense under the Revised Penal Code of the Philippines, specifically under Article 287. This crime is often considered a catch-all provision for acts that cause annoyance, irritation, or torment to another but do not fall under other specific criminal offenses.

In the Philippines, an individual's right to privacy is protected by law. This includes the right to control the use of their image and personal information. Posting someone's picture without their consent may infringe upon their right to privacy, especially if the image is of a private or sensitive nature.

Photos taken illegally, on private property, or with defamatory intent may require a personal injury attorney. Images with minors or illegal p*rnographic content may require the government's help. Contact your local law enforcement.

A security or surveillance camera is a common example of taking someone's picture without their consent in public places. Legally, the person taken the photograph could be harassing you. Keep in mind that photography doesn't necessarily translate to harassment, but in some cases it can be considered as such.

Under the Republic Act No. 10173, also known as the Data Privacy Act of 2012 (DPA), the processing or sharing of photos and videos containing personal information must have a lawful basis and must adhere to the general data privacy principles of transparency, legitimate purpose, and proportionality.

3957, or the Anti-Stealthing Law, was filed by AKO BICOL Party-List Representatives Alfredo Garbin and Elizaldy Co in 2019, categorizing stealthing as a form of sexual assault. The bill imposes penalties of imprisonment ranging from 12 years to 40 years, as well as fines ranging from P100,000 to P5 million.