A member of the House of Representatives seeks legal protection for victims of crime, accident, or self-harm by outlawing the often unnecessary and unauthorized broadcasting of images and videos related to their deaths.
Camiguin Rep. Jurdin Jesus Romualdo filed House Bill 10277, also known as the “Victims’ Privacy Protection Act,” that prohibits media exposure for the injured party and the circumstances behind their demise without consent from their family.
“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,” Romualdo said.
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.”
The Camiguin lawmaker 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, he said “Cathy’s Law” 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.
Romualdo said while his 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 families is preserved,” he said.
Romualdo added that Republic Act 10173, or the Data Privacy Act of 2012, sets standards for protecting personal information, and his proposed law “reinforces those standards by addressing a specific category of privacy breaches.”
The lawmaker stressed that his bill provides for a clear legal protection to victims that “is 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 image or video material after securing the consent of the victim or the victim’s family, Romualdo observed.
The bill imposes the penalties of imprisonment of three years to seven years, or a fine of P100,000 to P500,000, 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 Romualdo bill also provides that the victim, or in the case of a deceased victim, the next of kin, may institute separate civil action against an offender.
Editor’s Note: This is an updated article. Originally posted with the headline Bill seeks to ban unauthorized media exposure of crime, accident, self-harm victims