Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

Republic Act No. 9995

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of
2009".

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.

Section 3. Definition of Terms. - For purposes of this Act, the term:

(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.

(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 person's.

(e) "Private area of a person" means the naked or undergarment clad genitals, public 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.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(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;

(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.

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.

Section 5. 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.

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.

Section 6. Exemption. - 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.
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.
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Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the
remaining provisions not affected thereby shall remain valid and subsisting.

Section 9. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of
instruction , administrative order, rule or regulation contrary to or inconsistent with the provisions of
this Act is hereby repealed, modified or amended accordingly.

Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two(2) newspapers of general circulation.

Approved

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2357 and House Bill No. 6571 was finally passed
by the Senate and the House of Representatives on December 1, 2009 and November 18, 2009,
respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Represenatives

Approved: FEB 15, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

The Anti-Photo and Video Voyeurism Act of 2009

A Primer

The highly publicized sex videos of celebrity physician Hayden Kho with various
celebrity partners rocked Philippine society in May 2009 and was quickly shared online
and later distributed through DVD in the streets and sidewalks. In response to this,
Congress passed Republic Act 9995 (Anti-Photo and Video Voyeurism Act of 2009) to
prevent the publication and distribution of similar material in the future.[1] The law
prohibits recording videos or taking photos of a sexual act, the male or female genitalia,
 and of the female breast, among others, without consent of the persons featured in the
material. The law ultimately seeks to prevent the reproduction, distribution, and
publication of said material regardless of whether or not the persons featured consented
to the recording.

Prohibited Acts

The Anti-Photo and Video Voyeurism Act prohibits the following acts:

1. The unconsented taking of a photo or video of a person or group of persons engaged

in a sexual act or any similar activity, or capturing an image of the private area of a
person, under circumstances in which the said person has a reasonable expectation
of privacy;
2. The copying or reproduction of such photo or video recording of the sexual act;
3. The selling or distribution of such photo or video recording;
4. The publication or broadcasting, whether in print or broadcast media, or the showing
of such sexual act or any similar activity through VCD/DVD, the internet, cellular
phones, and other similar means or devices without the written consent of the persons
featured.[2]

Prohibitions numbered 2, 3, and 4 will still apply even if the person or persons featured
in the photo or video consented to the taking of the photo or recording of the sexual act.

Penalties

The penalties for any person found guilty of violating any of the prohibitions enumerated
under Section 4 of R.A. 9995 range from an imprisonment of 3 to 7 years and a fine of
P100,000.00 up to P500,000.00 at the discretion of the court. Additional penalties are
meted for the following violators: juridical persons, public officers or employees, and
aliens.[3]

Juridical Persons such as Corporations and Partnerships who violate this law will have
their licenses or franchises automatically revoked and their officers held liable, including
the editor and reporter in the case of print media, and the station manager, editor, and
broadcaster in the case of broadcast media. Public officers or employees who violate
this law shall also be held administratively liable, whereas aliens who violate the law
shall be subject to deportation proceedings after they serve their sentence and pay the
fines imposed.[4]

Important Questions

1. What does the “private area of a person” include?

 The “private area of a person” includes naked or undergarment-clad genitals, pubic
area, buttocks, or the female breast.[5]

2. What does it mean to have a reasonable expectation of privacy?

R.A. 9995 contemplates two situations where a person can have a reasonable
expectation of privacy:

1. When the person believes that one could undress in privacy without being concerned
that an image of him or her is being taken; and,
2. When a reasonable person would believe that one’s private area would not be visible
regardless of whether the person is in a public or private place.[6]

3. Will one be liable for the non-commercial copying or reproduction of said photo or
video?

Yes. The mere copying or reproduction of said material will make one liable under the
law regardless of the reason or whether one profits or not from such act.[7] Indeed, the
mere showing of the material on one’s cellphone would violate the law. [8]

4. The persons in the photo knew and consented to the video recording or taking of
the photo; can I reproduce, distribute, or broadcast it?

If the person or persons in the photo or video gave written consent for the reproduction,
distribution, or broadcasting of said material, then one will not be held liable under the
Anti-Photo and Video Voyeurism Act. However, if the person merely consented to the
taking of the photo or the video recording and did not give written consent for its
reproduction, distribution, and broadcasting, then anyone committing the said acts shall
be held liable under R.A. 9995.[9]

Read more about the Data Privacy practice at Disini & Disini Law Office

[1] Charisse Mae V. Mendoza, Balancing of Interest in the Digital Age: Protection of
Rights of Offended Parties and the Constitutional Rights of the Accused in the Context
of Sex Scandals, 86 PHIL. L.J. (2012)

[2] Rep. Act No. 9995 (2009), §4, Anti-Photo and Video Voyeurism Act of 2009.

[3] §5.
 [4] Id.

[5] § 3(e).

[6] § 3(f).

[7] § 4(b).

[8] § 4.

[9] § 3(d); § 4.

Image courtesy of imagerymajestic at FreeDigitalPhotos.net

http://www.elegal.ph/the-anti-photo-and-video-voyeurism-act-of-2009-a-primer/

anti-photo and video voyeurism act of 2009

(ra 9995)
 July 19, 2010
 Posted by: Atty. James Biron
 Category: Human Rights, Political
70 Comments
27,274 views
The Anti-Photo and Video Voyeurism Act of 2009 was passed as a solution to prevent the proliferation of
scandals the most notable of which is the the one which involved Dr. Hayden Kho, Dr. Maricar Reyes as well
as actress Katrina Halili. The law itself provides that its main objective is to penalize acts that will destroy the
honor, integrity and dignity of a person.

If you find yourself being a victim of perverts who took a photo or video of your private part or your
intercourse, make sure to read the provision of this law because this will be your main weapon against these
scums of the society. The provisions of the Anti-Photo and Video Voyeurism Act of 2009 are simplified below
so that it may be easily understood, thus:

What acts are prohibited under the Anti-Photo and Video Voyeurism Act of 2009?

1. To:
 take photo or video coverage of a person or group of persons performing sexual act or any similar activity or

 an image of the private area of a person/s such as the naked or the undergarment clad genitals, pubic area, buttocks, or
female breasts

when

 without the consent of person/s involved and

 under circumstances in which the person/s has/have reasonable expectation of privacy

2. To:

 copy or reproduce, or

 cause to be copied or reproduced,

such photo or video or recording of sexual act, whether it be:

 the original copy or

 reproduction thereof

3. To:

 sell or distribute, or

 cause to be copied or reproduced,

such photo or video or recording of sexual act, whether it be:

 the original copy or

 reproduction thereof

4. To:

 publish or broadcast, or

 cause to be published or broadcast

whether in:

– print, or

– broadcast media

 show or exhibit
 the photo or video coverage or recordings of such sexual act or any similar activity

through:

– VCD/DVD

– Internet

– Cellular phones

– Other similar means and devices

Will a person be held liable in case the victim gave his/her consent to record or take photo or video
coverage?

The prohibitions shall apply notwithstanding that consent to record or take photo or video coverage was given.

What are the penalties for violation of the Anti-Photo and Video Voyeurism Act of 2009?

At the discretion of the Court, it may impose upon any person found violating the said law the following
penalties:

If the offender is a natural person

 imprisonment of not less than three (3) years but not more than seven (7) years, and

 a fine of not less than Php100,000.00 but not more than Php500,000.00, or

 both imprisonment and fine

If the offender is a juridical person:

 it’s license or franchise shall be automatically deemed revoked, and

 the persons liable shall be the officers, including:

If the offender is a public officer or employee or a professional:

 he/shall 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

What are the exemptions to this law?

A peace officer who is authorized by 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 the following conditions are met;

 the written order shall only be 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

 the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such
crime

http://www.jamesbiron.com/2010/07/anti-photo-and-video-voyeurism-act-of-2009-ra-9995/