Republic Act No.
9995
Anti-Photo and Video Voyeurism Act of 2009
AN ACT DEFINING AND PENALIZING THE CRIME OF
PHOTO AND VIDEO VOYEURISM, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES
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.
Section 3. Definition of Terms
(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.
Section 3. Definition of Terms
(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.
Section 4. Prohibited Acts
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.
Section 5. Penalties
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.
