Dear Atty. Peachy,

I hope you can help me with a somewhat perplexing situation that has emerged after my recent breakup. My ex-boyfriend and I parted ways amicably, or so I thought. However, I have discovered that he has been posting pictures of me on his social media accounts, accompanied by captions that misrepresent our relationship and portray me in a negative light.

Initially, I found it amusing and naive, hoping it was just a fleeting phase of his coping strategy. But as the posts continued, I realized they were affecting my personal and professional life, causing friends and acquaintances to approach me about these mischaracterizations. It is not just embarrassing; it is damaging to my reputation.

Before I decide how to proceed, I would like guidance on a few key points:

1. What rights do I have regarding these images and the accompanying comments? Are there any legal protections that prevent him from using my likeness in a way that could be deemed harmful or misleading?

2. Is there a way to have the posts removed? Does social media have processes for reporting such content, and do they take privacy violations seriously?

3. If this situation escalates, what legal recourse do I have? Can I consider legal action for defamation, or is it primarily a matter of personal recommendation and privacy?

I appreciate your insights and recommendations on how to best handle this situation without causing unnecessary drama or conflict.

Sincerely,

Anne

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Dear Anne,

Your situation regarding your ex-boyfriend’s use of your images and misrepresentation on social media raises important issues related to data privacy, reputation, and potential legal recourse under Philippine law.

Under the Data Privacy Act of 2012 (RA 10173) in the Philippines, individuals have the right to control the collection and use of their personal data, which includes images and videos. If you did not give permission for these pictures to be posted or used in a derogatory manner, you might have grounds for a complaint. You can request your ex-boyfriend to take down the images and cease any activities that misrepresent you. A formal cease-and-desist letter could be addressed to him, which outlines your concerns and requests immediate action.

Regarding the removal of posts, most social media platforms have policies that protect individuals from harassment and misuse of personal data. You can report the posts to the respective platforms. Use the reporting tools available on the platform where the images are posted. Provide detailed information about why the posts violate community guidelines — specifically, that they misrepresent you and are harmful to your reputation.

Keep records of the posts and any communication you have regarding this situation, as evidence may be crucial if further action is needed. If the situation escalates or if your ex-boyfriend refuses to comply with your requests, you may consider the following additional legal options:

1. If the comments made alongside the photos are false and damaging, you could potentially file a defamation claim. Under Philippine law, defamation arises when someone makes false statements about another person. It would be important to gather evidence of how these statements have affected your reputation or livelihood.

2. You can file a complaint with the National Privacy Commission (NPC) if you believe your rights under the Data Privacy Act have been violated. The NPC is responsible for overseeing and enforcing compliance with data privacy laws in the Philippines.

While it is understandable to want to avoid drama or conflict, it is equally important to protect your rights and reputation. Begin by attempting to resolve the matter directly with your ex-boyfriend, but be prepared to take more formal steps if necessary. You have not only a right to privacy but also a right to be treated with dignity, even post-relationship.

Sincerely,

Atty. Peachy Selda-Gregorio