UNAUTHORIZED. Members of the Scene of the Crimes cordon off the area where three bodies were discovered in Sitio Tagbac, Barangay Macabugos, Libon, Albay, on Feb. 5, 2024. Camiguin Rep. Jurdin Jesus Romualdo on Monday (April 29, 2028) filed a bill seeking to protect victims of crime or accident from unnecessary and unauthorized media exposure. (Photo courtesy of PRO5)
MANILA – Camiguin Rep. Jurdin Jesus Romualdo on Tuesday urged his colleagues to pass his bill seeking to protect victims of crime or accident, including persons who committed suicide, from unnecessary and unauthorized media exposure.
Romualdo on Monday filed House Bill (HB) 10277 entitled “An Act prohibiting 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,” or the “Victims’ Privacy Protection Act.”
Romualdo said the proliferation of digital media and the ease with which content could be shared on social media platforms has led to a significant rise in privacy concerns, especially for individuals in sensitive situations.
He said the unauthorized dissemination of images or videos of such victims “not only violates the privacy and dignity of the individuals depicted but can also cause undue stress to their families.”
Romualdo cited laws in the United States that criminalize the unauthorized capture and dissemination of images of persons receiving medical assistance from first responders.
For instance, the lawmaker cited as example “Cathy’s Law” which was enacted in New Jersey after a photograph of an accident victim, Cathy Bates, was posted on Facebook by a first responder before her family had been notified.
While admitting that HB 10277 aligns with the general principles of this foreign law, Romualdo said 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 families is well-preserved,” he said.
Romualdo said Republic Act No. 10173, or the Data Privacy Act of 2012, sets the standards for protecting personal information, and his proposed law “reinforces those standards by addressing a specific category of privacy breaches.”
Romualdo said HB 10277 simply but significantly provides for clear legal protection to victims, vital in upholding human dignity and ensuring that the rights of the most vulnerable are not overlooked in the digital age.
Aside from the unauthorized use of any image, video or details of any victim, the proposed law makes it “unlawful for any person to use such image or video in any manner that may be deemed as disrespectful, derogatory, or prejudicial to the honor, dignity, and privacy of the victim.”
However, the measure would allow “duly franchised and authorized television and radio networks” and “duly licensed print media…in accordance with existing ethical and professional standards,” to broadcast the image, video, or details of the victim.
Social media journalists, commentators, and other content creators may use such images or video material only after securing the consent of the victim or the victim’s family.
The bill imposes the penalties of imprisonment of three years to seven years, or a fine of PHP100,000 to PHP500,000, or both at the discretion of the court, on any person who violates the proposed Victims’ Privacy Protection Act.
If the offender is a public officer, he shall also be charged administratively. If he is a foreigner, he shall be deported immediately after service of sentence or payment of fine.
The bill also provides that the victim, or in the case of a deceased victim, the next of kin, may institute a separate civil action against an offender. (PNA)
