Going on the offensive after her alleged 'nude photos' were posted online, Marjorie Barretto has hired lawyers and warned that the people behind the photo scandal will be prosecuted. Further, Barretto's camp has sought the help of the National Bureau of Investigations (NBI) to trace who leaked the 'nude photos.' But I thought the woman in the photos was not she?
Marjorie Barretto's legal counsel, Kapunan Garcia & Castillo Law Offices, fired the opening salvo by issuing the following statement, and warning all concerned that posting, re-posting and distribution of the said photos is illegal under Republic Act No. 9995:
“Over the weekend, two (2) private photos of our client, Ms. Marjorie Barretto, were uploaded and circulated in the internet. Eventually, these photos were passed on and reposted by bloggers and internet users.
“Our client did not authorize the posting of her nude photos and they were never intended for public consumption.Now back to my original question: Akala ko ba hindi siya yun?! Adobo Talk PH
“Please note that the publication through the internet and other media formats of these photos is a clear violation of our client’s right to privacy, which is safeguarded by no less than the Philippine Constitution.
“Likewise, the dissemination of the said photos is a blatant defiance of Republic Act No. 9995 also known as the ‘Anti-Photo and Video Voyeurism Act of 2009.’
“The public should be reminded and warned that Republic Act No. 9995 clearly and categorically punishes the act of publishing or broadcasting, or causing to be published or broadcasted, whether in print or broadcast media or through the internet, the photo of a person showing her private areas.
“To emphasize, the subject photos were intended not to be made public and the dissemination of these private photos was without our client’s consent.
“The matter of the dissemination and uploading of the aforementioned photos is already the subject of an ongoing investigation by the National Bureau of Investigation.
"We are taking all legal steps to ensure that the right to privacy of our client is respected. We will pursue all the appropriate legal actions necessary to ensure that those principally responsible for this criminal action are punished.
“The penalty for violating RA 9995 is imprisonment of not less than three (3) years but not more than seven (7) years or a fine of not less than Php100,000.00 but not more than Php500,000.00 or both.
“If a juridical person is the violator (i.e. broadcasting company), its license or franchise shall be automatically be deemed revoked and the officers of the company shall be deemed liable as well.
“RA 9995 specifically identifies the ones who will be made liable -- editor and the reporter in case of print media and the station manager, editor and broadcaster in case of broadcast media.”