Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HousEBILLNo.  10277
RECEIVE
DATE
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APR   2 9
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Introduced by Representative Jurdin Jesus M. Romualdo
EXPLANATORY NOTH
This bill seeks to prohibit the unauthorized broadcast of images or videos
of victims  of crime or accident or of persons who have  committed suicide and
providing penalties for violation thereof.
The proliferation of digital media and the ease with which content can be
shared  on  social  media  platforms  have  led  to  a  significant  rise  in  privacy
concerns,  especially  for  individuals  in  sensitive  situations.    The  unauthorized
dissemination of images and videos of those who have fallen victim to crimes,
accidents,  or  of persons  who ihave  committed  suicide  not  only  violates  the
privacy and dignity of the individuals depicted but can also cause undue distress
to their families.
Drawing   inspiration   from   international  precedents,   this   bill   seeks  to
address   these   concerns   by   criminalizing   the   unauthorized   broadcasting   of
images or videos of individuals in such compromising situations.
Internationally,  several jurisdictions  have  recognized  the  need  for  legal
mechanisms  to  protect  the  privacy  of individuals  as  a  result  of accidents  or
emergencies.   In the United States,  for example,  "Cofky's fczw" in New Jersey
(N.J.S.A.  2A:58D-2) was enacted after a breach of privacy when a photograph
of Cathy Bates,  who  was killed  in  an  accident,  was posted  on Facebook by  a
first  responder  before  her  family  had  been  notified.    This  law  makes  it  an
offense  for  first  responders  to  distribute  images  of accident  victims  without
consent  and provides  a private  right  of action  for victims  of such  disclosures.
Similarly,     "Josfe#o's   Lczw"    in    Connecticut    (Conn.    Gen.    Stat.    53-341c)


criminalizes the unauthorized capture  and dissemination of images  of persons
receiving  medical  assistance  by  first  responders.    These  laws  underscore  the
importance of protecting the  dignity and privacy of individuals during critical
and  vulnerable   moments   and  provide   a   framework   for  holding   violators
accountable.
It  is  imperative  to  note  that  while  this  bill  aligns  with  the  general
principles of these  foreign laws,  it also respects the nuances of the Philippine
legal  context.    It  seeks  to  balance  the  right  to  information  and  freedom  of
expression with the  right to  privacy,  ensuring that the  dignity  of victims  and
their fanilies is preserved.
Republic Act No.  10173,  otherwise known as the  "Dcrzcr Prjvc7c)/ j4cZ o/
20J2, "  lays  down  standards  for  protecting  personal  information,   and  this
legislative measure reinforces those standards by addressing a specific category
of privacy breaches.
Through  this   bill,   a  clear  legal  protection  against  the  unauthorized
dissemination of images and videos of individuals who are victims of crimes,
accidents, or of persons who have committed suicide.   This protection is vital in
upholding human dignity and ensuring that the rights of the most vulnerable are
not overlooked in the digital age.
In view of the foregoing, the immediate passage of this bill is earnestly
sought.


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSE BILL NO. 1b277
Introduced by Representative Jurdin Jesus M. Romualdo
AN ACT
PROHIBITING  THE  UNAUTHORIZED  BROADCAST  0F  IMAGES  OR
VIDEOS  OF  VICTIMS  OF  CRIME  OR  ACCIDENT  OR  OF  PERSONS
WHO  HAVE   COMMITTED   SUICIDH  AND  PROVIDING  PENALTIES
FOR VIOLATION THEREOF
1       Be it enacted by the senate and the House of the Representatives of the philippines
2      in congress assembled:
3
4                   SECTION   1.     Sfeor/  ri.f/e.  -    This  Act  shall  be  known  as  the   "yz.c/z.777s
5       Privacy protection Act."
6                  SEC.  2.   Dec/¢r¢fi.o#  a/Po/i.cj;.  -It  is  the  declared  policy  of the  State to
7      value  the  dignity  of every  human  person  and  guarantee  full  respect  for  human
8      rights. Toward this end, the state shall uphold and protect the integrity and dignity
9      of  individuals  who  are  victims  of  crimes  and  accidents,  or  suicide  victims  and
lo      ensure   that   their   rights   to    privacy   and    respect   are   not   compromised    by
11       unauthorized or exploitative use of technology.
12                   SEC.  3. Pro#i.bi.!cdActs. -It shall be unlawful  for any person to broadcast
13      by  any  means,  without  consent  of the  victim  or  the  victim's  family,  the  image,
14      video,  or details  of a  person  who  is  a victim  of any  crime  or accident,  or of any
15       person who has committed suicide.


I                    Likewise,  it shall be unlawful  for any person to use such image or video in a
2      manner  that  may  be  deemed  as  disrespectful,  derogatory,  or  prejudicial  to  the
3       honor, dignity and privacy of the victim.
4                  SEC. 4. Exc"p/i.o#s. -Duly franchised and authorized television and radio
5      networks,  including  duly  licensed  print  media,  may,  and  in  accordance  with  the
6      existing ethical and professional standards, broadcast the image, video or details of
7      a  person  who  is  a  victim  of any  crime  or  accident,  or  of any  person  who  has
8       committedsuicide.
9                   Social   media  journalists,   commentators   and  other  content  creators   may,
10      likewise,   use  such   image  or  video  after  securing  the  consent  of the  victim  or
11        victim'sfamily.
12                   SEC.  5.  P€#¢/f!.cs.  -Any  person  who  commits  the  acts  prohibited  under
13       Section  3  of this  Act  shall  be  punished by  imprisonment of not less than three (3)
14      years  but  not  more  than  seven  (7)  years,  or  a  fine  of not  less  than  One  hundred
15      thousand   pesos   (P100,000.00)   nor   more   than   Five   hundred   thousand   pesos
16      (P500,000.00), or both, at the discretion of the court.
17                   If  the   offender  is   a  corporation   or  association,   the   president,   manager,
18      managing  partner  or  any  officer  of the  corporation  or  partnership  who  directly
19       participated in the violation shall  be held liable.
2o                   If the offender is a public officer or employee, the public offcer or employee
21        shall  also be held administratively liable.
22                   If the  offender  is  an  alien,  the  alien  shall  be  deported  immediately  after
23      service  of  sentence  and  payment  of  fines  without  further  proceedings   by  the
24      Bureau of lmmigration.
25                   SEC. 6.  yj.cfz.m's A;.g#/ fo Acf!.o#. -The victim, or in the case ofa deceased
26      victim,  the  next  of kin,  may  institute  a separate  civil  action  against the  offender.


I       The court may award moral, exemplary and nominal damages, attomey's fees, and
2       costs.
3                   SEC.  7.    Scp¢r¢bi./I.f}J  C/awsc.  -If any  provision  of this  Act  is  declared
4       unconstitutional  or  invalid,  the  remaining  parts  or  provisions  not  affected  shall
5       remain in full  forceandeffect.
6                   SEC.  8.   Jzepc¢/j.#g C/¢wsc.  -All  laws,  executive  orders,  issuances,  rules,
7      and  regulations,  or parts  thereof,  inconsistent  with  the  provisions  of this  Act  are
8      repealed or modified accordingly.
9                  SEC.  9.   Ejj7cc/f.t;dy.  -   This  Act  shall  take  effect  fifteen  (15)  days  after its
lo      publication in the o/j7}cz.cz/ Gczzc//e or in a newspaper of general circulation.
I,                   Approved'