ANTI-PHOTO AND VIDEO
VOYEURISM ACT OF 2009
RA No. 9995
By: Pros. Hyacinth T. Jadraque
DEFINITION OF TERMS
(a) "Broadcast" means to make public, by
any means, a visual image with the intent
that it be viewed by a person or persons.
(b) "Capture" with respect to an image,
means to videotape, photograph, film, record
by any means, or broadcast.
(c) "Female breast" means any portion of the
female breast.
Prepared by: Pros. Jadraque
(d) "Photo or video voyeurism" means the act of taking
photo or video coverage of a person or group of
persons performing sexual act or any similar activity or
of capturing an image of the private area of a person
or persons without the latter's consent, under
circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing
or exhibiting the photo or video coverage or recordings
of such sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or device
without the written consent of the person/s involved,
notwithstanding that consent to record or take photo
or video coverage of same was given by such persons.
Prepared by: Pros. Jadraque
(e) "Private area of a person" means the naked or
undergarment clad genitals, pubic area, buttocks
or female breast of an individual.
(f) "Under circumstances in which a person has a
reasonable expectation of privacy" means
believe that he/she could disrobe in privacy,
without being concerned that an image or a
private area of the person was being captured; or
circumstances in which a reasonable person
would believe that a private area of the person
would not be visible to the public, regardless of
whether that person is in a public or private
place.
Prepared by: Pros. Jadraque
WHAT ARE THE PROHIBITED ACTS?
(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;
Prepared by: Pros. Jadraque
(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.
Prepared by: Pros. Jadraque
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.
Prepared by: Pros. Jadraque
PENALTIES?
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.
Prepared by: Pros. Jadraque
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.
Prepared by: Pros. Jadraque
EXEMPTION FROM THE COVERAGE
Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is
authorized by a written order of the court, to use the
record or any copy thereof as evidence in any civil,
criminal investigation or trial of the crime of photo or
video voyeurism: Provided, That such written order shall
only be issued or granted upon written application and
the examination under oath or affirmation of the applicant
and the witnesses he/she may produce, and upon
showing that there are reasonable grounds to believe that
photo or video voyeurism has been committed or is about
to be committed, and that the evidence to be obtained is
essential to the conviction of any person for, or to the
solution or prevention of such, crime. (Sec. 6)
Prepared by: Pros. Jadraque
Section 7. Inadmissibility of Evidence. - Any
record, photo or video, or copy thereof,
obtained or secured by any person in
violation of the preceding sections shall not
be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative
hearing or investigation.
Prepared by: Pros. Jadraque
POSSIBLE QUESTIONS
definition
acts punished
unauthorized taking of photo or video vs.
unauthorized publication even if there was
prior consent on the taking of photo or
video
Thank you!
