Country | Statute | Year | Contents – definition, classification, punishment, standard of proof | Punishment | Remarks |
Section 162.1, Criminal Code through Bill C-13 or Cyberbullying Act | 2015 | Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty. In this section, “intimate image” means a visual recording of a person made by any means including a photographic, film or video recording, (a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity; (b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and (c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed. | Punishment is: (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) of an offence punishable on summary conviction. |
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| It is hereby prohibited and declared unlawful for any person: (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. | The penalty of imprisonment of not less that three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act. If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast media. If the offender is a public officer or employee, or a professional, he/she shall be administratively liable. If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines. |
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Prevention of Sexual Harassment Law, 5758-1998 amended in 2014 | 2014 | The distribution of still pictures or video recordings of a person’s image that focuses on his/her sexuality, including by editing or incorporation, is unlawful if made: 1. without the person’s consent; 2. in a way that facilitates identification of the person; and 3. under circumstances that may degrade or shame him/her
The distribution of such an image constitutes sexual harassment under section 3(a) of the Prevention of Sexual Harassment Law and intentional harm to a person’s privacy under section 5 of the Protection of Privacy Law. | The crimes are punishable with five years of imprisonment, in addition to subjecting the perpetrator to civil liability and the duty to pay monetary compensation to the victim. |
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Act on Prevention of Damage by Provision of Private Sexual Image Records Act | 2014 | It criminalizes the provision of a private sexual image of another person without the person’s approval via a means of telecommunication to an unspecified number of or to many people. It allows Internet service providers to delete suspected revenge porn images without the uploader’s consent, in cases where: 1. the victim had notified the provider of the existence of the image; 2. the provider had requested the consent of the uploader to delete the image; and 3. the uploader did not respond or delete the image. | A maximum sentence of 500,000 yen or three years in jail. | The Act also obligates the national and local governments to ease victims’ embarrassment when they report the crime. For especially young potential victims, the Act further obligates the governments to educate people on how to avoid revenge porn. |
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