Dear PAO,

Santi, a previous suitor of mine whom I turned down, uploaded a photo of me wearing scant clothing on Facebook without my consent. While it does not show any sensitive parts of my body, it does show too much skin and the post had a caption that said “Simply sexy.” I was horrified when I saw the post and was unable to sleep well thereafter. As a 17-year-old girl, I find his post really disturbing, and I feel the need to file a complaint. What crime did he commit, if any?

Ranielle

Dear Ranielle,

Santi’s act is a violation of

Republic Act 11313, which is also known as the “Safe Spaces Act.” It is a legislation that defines gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions, provides protective measures and prescribe penalties for their commission.

Since the act complained of was committed through the use of the Internet, the same is particularly called “gender-based online sexual harassment.” This refers to an online conduct targeted at a particular person that causes or likely to cause another mental, emotional or psychological distress, and fear of personal safety, sexual harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing of one’s photos without consent, video and audio recordings, cyberstalking, and online identity theft.

Section 12 provides that this includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological and emotional threats; unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages; invasion of victim’s privacy through cyberstalking and incessant messaging; uploading and sharing without the consent of the victim; any form of media that contains photos, voice or video with sexual content; any unauthorized recording and sharing of any of the victim’s photos, videos or any information online; impersonating identities of victims online or posting lies about victims to harm their reputation; or filing false abuse reports to online platforms to silence victims.

Under Section 14 of the same law, if he is found guilty of gender-based online sexual harassment, he shall suffer the penalty of prision correccional in its medium period (2 years, 4 months and 1 day to 4 years) or a fine of not less than P100,000 but not more than P500,000 or both, at the discretion of the court.

The law likewise provides under Section 15 that the penalty next higher in degree will be applied if the offended party is a minor. Since you were a minor when he uploaded your candid photo, he shall suffer the stiffer penalty of prision correccional in its maximum period (4 years, 2 months and 1 day to 6 years) if he is found guilty by the court.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.