Republic Act 9995

Anti-Photo and Video Voyeurism Act of 2009

Constitutionally Protected Right by the Law

The right to privacy is a Constitutionally protected right enshrined in a number of
provisions in Article 2:Bill of Rights. The rapid technological penetration of internet1
allowed digital contents to be shared instantly.
The concerns regarding the right of privacy in the wake of internet age was
highlighted during the infamous 2009 scandal. Unfortunately provisions under Article
2:Bill of Rights are non-self executing provisions2, which needs enabling law to be
protected.

Why was the Law passed

The infamous “Hayden Kho Scandal”,which happened in 2009, involving several
prominent personalities and the physician Hayden Kho alerted the congress for the
need of such law.
The videos upon being made available online were quickly distributed through
various means. It was also made available in Digital Video Disc (DVD) format which
can be purchased in the streets and sidewalks at that time.

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;

1
As of December 2017, more than half or 55.1% (4.21 billion) of the worlds population are using the internet. It
was a 1066% increase in usage from the year 2000.
2
Constitutional Policies and Principles are non-self executing rights and do not confer rights.
 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.

Penalties
The law provides the follow penalties for the offenders of this law:
 Imprisonment of not less that three (3) years but not more than seven (7) years
 Fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Five hundred thousand pesos (P500,000.00)
 It can be any of the two or both, depending upon discretion of the court.
 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.

Definition of Term
What does it mean to have a reasonable expectation of privacy?
 When the person believes that one could undress in privacy without being
concerned that an image of him or her is being taken; and,
 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.3

What to Consider
CONSENT is the keyword in this law. Mere consent to the taking of video or
image does not amount to consent to its publication.
The law provides that a written consent is needed which specifically states that
the individual is allowing the reproduction, distribution, or broadcasting of said
material.

3
Disini Law Office. (2016, September 29). The Anti-Photo and Video Voyeurism Act of 2009: A Primer. Retrieved
November 1, 2018, from https://elegal.ph/the-anti-photo-and-video-voyeurism-act-of-2009-a-primer/