Here’s What You Can Do If Someone Threatens To Leak Your Nudes

Betrayal is incredibly painful and devastating. When entrusting people with valuable information about yourself, only for them to use it as a weapon against you and manipulate you, it is important to recognize that in such situations, you are not at fault—you are the victim.

If someone chooses to leak private photos or videos you shared with them in confidence, the negative emotional impact can be overwhelming. During such difficult times, remember to seek support from trusted individuals or professionals who can help you. It is also important to recognize the correct legal way to navigate through this ordeal.

GUIDE: Your Legal Right To Protection Against Cyberthreats

If someone threatens to leak your nudes or uses them to blackmail you, then know that the Philippines has laws that can help protect you. Know more about the legal system to understand how you can protect yourself from such threats. 

1. The Anti-Photo and Video Voyeurism Act of 2009 (Republic Act 9995), in Section 3(d), "prohibits capturing, reproducing, selling, distributing, broadcasting, or exhibiting photo or video coverage of a person's private areas or sexual acts without their consent."
   
   Section 4 of this law explicitly states that it's unlawful to "take photos or videos of a person performing sexual acts or of their private areas without consent, to copy or distribute such images/videos, or to threaten to do so." Penalties include imprisonment of three to seven years and a fine of P100,000 to P500,000.
2. The Data Privacy Act of 2012 (Republic Act 10173) doesn't directly address threats of leaking intimate content, but it provides general protections for personal information. Section 25 prohibits the “unauthorized processing of personal information and sensitive personal information,” which could include intimate images or videos. Violators can face imprisonment of one to three years and a fine of P500,000 to P2 million.
3. The Cybercrime Prevention Act of 2012 (Republic Act 10175) extends the reach of these laws to the digital realm. Section 4(b) specifically criminalizes the transmission of sexual content without consent. Section 4(c) also covers cyber-extortion, which could apply to threats to leak intimate content online.

What Should You Do If Someone Threatens To Leak Your Nudes? (Or, What To Do If Your Nudes Were Leaked) 

If someone is threatening to leak your nudes, or has already circulated it on social media, it is best to do the following:

1. Collect information and receipts for evidence.

If panic starts to kick in, that is an entirely normal and valid response. But as soon as you feel capable, make sure that you keep screenshots and evidence of all the threats and blackmail you've received from the perpetrator. This will help solidify the proof of circumstances. If looking at the harassment distresses you, ask someone you trust to help you collect evidence.

Take all the screenshots, audio-visual recordings (if any), and keep receipts of your interaction/s with the perpetrator, and make sure to store them in a protected folder. It is a good idea to keep a backup on an external drive or usb, for safety.

Here are tips on how to properly collect proof that can be presented in court, according to BC Society of Transition Houses:

• It is always best to screencap the entire convo even if it does not have any relevance to your case, to provide the court with full context. So take multiple screenshots to capture an entire text message conversation.
• Take a photo of the harasser's contact information (in the Contacts app) to show their number is associated with the name in your phone.
• If the leak happened on social media, make sure to capture the following: 1) the image/s, message/s, and/or comment/s that contain harmful information and the surrounding conversation; 2) photo(s) of the uploader's account; 3) any harassing or threatening comments; 4) the profile of the person who uploaded the sensitive image or
  comment; and 5) the uploader's profile URL.

Recording your screen can also be another way to avoid the issue of apps notifying the sender when you take a screenshot.

2. Seek guidance and protection.

Threats and blackmailing of all sorts affect an individual’s wellbeing. It is a very distressing situation to be in. Instead of isolating yourself, seek guidance from trusted people and authorities, and if you believe you'll benefit from it, then consult a psychologist to help you navigate the situation and choose the best approach to take. 

It is important to note that taking protective measures is crucial. Make sure you are in a safe place. In case the perpetrator knows where you are, consult the people around you or the community you are in to help protect you from the threat. 

3. File a complaint.

Since this cyberharassment situation is illegal in the eyes of the law, you can file a complaint and seek the assistance of legal authorities. Depending on the gravity of your complaint, you may file a case with the following: National Privacy Commission, National Bureau of Investigation Cyber Crime Unit, the Philippine National Police Anti-CyberCrime Group, or the Department of Justice

To file a complaint in the National Privacy Commission, follow these steps:

1. Download the Complaints Assisted Form (Note that you can only submit one complaint per respondent)
2. Prepare a valid government issued ID (any of the following: Philippine Passport, Philippine Driver’s License, PRC ID, Postal ID, Voter’s ID, GSIS Card, SSS Card, TIN Card, Student ID)
3. Print the form and have it notarized
4. Submit to NPC (you have 3 options: in person send via courier service, or scan and email it to complaints@privacy.gov.ph)

4. Do NOT make a public callout post against your harasser.

Atty. Hanna Bravo makes it clear, “You’re opening yourself to the possibility of being sued if you post…Even if you have a screenshot, pagdating sa court, you have to prove that that’s really his number or that that’s really him contacting you...It’s hard because he can always deny it...Tapos, if he sues you back [for defamation], ikaw yung talo kasi [kita na] it’s your social account. Ikaw na ikaw yung gumawa."

ALSO READ: What To Do When Your Nude Photos Are Leaked Online

For more information, you may also contact the Philippine National Police Anti-CyberCrime (PNP-ACG) Women and Children Cybercrime Protection Center through their local landline (02) 8723-0401 loc 5354. PNP Women and Children Cyber Protection Unit (WCCPU) can also be contacted via cell at 0927-084-3792, or email at pnpacg.wccpu@gmail.com.