Why is blurring a suspect's mugshot necessary?
Mugshots are once again making headlines after the Department of the Interior and Local Government released blurred booking photos following the arrest of Sen. Rodante Marcoleta, former Rep. Mike Defensor, and two others on plunder charges after authorities served their arrest warrants.
Meanwhile, mugshots attributed to the Philippine National Police - Criminal Investigation and Detection Group circulated online showing Marcoleta and the other suspects with their faces unblurred—a departure from the usual practice of obscuring identities.
Marcoleta's blurred photo also went under public scrutiny after social media users noticed that he appeared to be wearing a wig, raising questions about why it was not removed despite the standard practice of photographing suspects with their facial features fully visible for identification purposes.
The differing versions of mugshots reignited discussions on how they are taken and the policies that govern their publication. Let's break it down.
What are mugshots?
Under the 2021 Revised Philippine National Police Operational Procedures, a mugshot is a photograph of the suspect taken after one is arrested for the purpose of identification. These images are then compiled in a mug book or rogues gallery "to help determine the identity of a criminal in high-profile cases."
Using a 5-megapixel camera, these photos are taken in four angles: half-body shots in front, left and right sides, and a whole-body front view, and are attached to a booking form.
Removal of items
In the taking of mugshots, it is standard procedure to remove items that alter or obstruct one's facial features.
In a Facebook post, DILG said that while no specific PNP regulation expressly states the removal of items in mugshots, it still follows two principles: accurate identification and avoiding concealment of identity.
In the case of wigs, authorities may require their removal for proper documentation, as the hairpiece obscures the face, eyebrows, hairline, or other distinguishing characteristics. DILG said this is consistent with the Bureau of Corrections Operating Manual, which generally prohibits inmates from wearing other artificial hairpieces unless medically authorized.
Nevertheless, DILG Secretary Jonvic Remulla allowed Marcoleta to keep his wig on during the booking procedure, saying, "Kung ano man ho ang kanyang kalagayan sa kanyang buhok ay hindi ho namin wawalang-hiyain. His picture will be taken as is, as he appears in public."
Why are suspects' faces usually blurred in public mugshots?
The PNP Cebu Police Office said in a May post that suspects' faces are generally blurred in police posts due to four principles: presumption of innocence, protection of personal data, avoidance of defamation, and safety and fair process.
"Blurring helps prevent premature public judgment and unnecessary public shaming before the courts have ruled on the case," it said.
Quoting Article III, Section 14(2) of the 1987 Philippine Constitution, which states "In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved," lawyer Atty. Jennifer Reyes told PhilSTAR L!fe, adding that blurring a suspect's face reinforces this constitutional guarantee.
"Blurring the face of the accused in a mugshot bolsters this protection because otherwise, the accused will be inevitably subjected to premature public judgment or even condemnation," she said.
Reyes noted that a person's face appearing in a mugshot constitutes personal information that is protected by the Data Privacy Act of 2012.
"Unauthorized processing of personal information may be penalized by imprisonment of one year to six years and fines," she added.
Furthermore, PNP Cebu, citing Article 353 of the Revised Penal Code, warned against the action being defamatory. "Publicly portraying someone as guilty before conviction may damage that person's reputation, and blurring helps reduce the risk of legal liability."
Reyes added that defamation, through publishing an identifiable mugshot online, can constitute cyber libel under the Cybercrime Prevention Act.
When can a suspect's identity be revealed?
According to the PNP Cebu, authorities may publicly disclose a suspect's identity under specific circumstances, such as if the suspect is a fugitive, detention prisoner, or already serving a sentence. It may also be revealed in cases when public safety is at risk, when the suspect is officially wanted under a valid warrant of arrest, and when disclosure is lawful, necessary, and consistent with applicable regulations.
Is the media allowed to publish mugshots?
Under the Data Privacy Act of 2012, processing sensitive personal information such as mugshots has a journalistic, literary, and artistic exemption. Unauthorized processing or disclosure, however, may result in administrative action by the National Privacy Commission and/or criminal penalties.
Reyes said journalists and even bloggers can be protected when reporting matters of public interest, which includes publishing blurred mugshots.
She noted, however, there are limitations: "If a media person or even blogger or vlogger posts a mugshot in a malicious and completely unnecessary manner or not necessary for public safety or order, then such right cannot be invoked by the member of the press or media."
