Documente Academic
Documente Profesional
Documente Cultură
Prepared by:
Jose Fernando B. Masarate
Professor:
Atty. Hilario Justino F. Morales
Introduction
Discussion
Section 2. Declaration of Policy. - The State values the dignity and privacy
of every human person and guarantees full respect for human rights.
Toward this end, the State shall penalize acts that would destroy the honor,
dignity and integrity of a person.
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.
Commentary
A reading of the law clearly implies that either persons of the opposite
sex could be victims. In this particular type of offense consent of the subject
involved in the photo or video could be a valid defense. This is
unmistakably the implication, since the taking of photo or video should be
without the consent of the subject who has a reasonable expectation of
privacy. In other words if there is consent from the subject of the photo
taking or video recording, then the subject consented to give up whatever
privacy, decency, or modesty he or she may at least have. Notice that mere
taking of photo or video recording or filming without the subjects consent is
already an offense. How to prove the defense of consent is another
question.
With all that said, it is in my opinion that the law should include
punishment for violations that happen outside our territorial jurisdiction.
This issue should be addressed by international treaties on human rights
despite the obstacles regarding online anonymity of violators.
Works Cited
Some Thoughts On The Anti-Photo And Video Voyeurism Law. (2011, April
12). Retrieved from The Keeper of Spring Blog:
http://thekeeperofspring.blogspot.com/2011/04/some-thoughts-on-
anti-photo-and-video.html