Question & AnswerQ&A (Republic Act No. 10088)
The short title of Republic Act No. 10088 is the "Anti-Camcording Act of 2010."
"Audiovisual work" means a work that consists of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.
Camcording is unlawful if a person, without the authorization of the copyright owner or exclusive licensee, uses or attempts to use an audiovisual recording device to make or transmit copies of a cinematographic film or audiovisual work in an exhibition facility, possesses such a device with the intent to do so, or aids/abets such acts.
Violators are subject to fines from Fifty thousand pesos (Php50,000.00) up to Seven hundred fifty thousand pesos (Php750,000.00) and imprisonment from six (6) months and one (1) day to six (6) years and one (1) day. Penalties are maximum if the offense was for commercial distribution.
If the offender is a government official or employee, penalties include perpetual disqualification from public office and forfeiture of the right to vote and participate in elections for five (5) years.
No. It is not a defense that the recording or transmission was for private or domestic purposes or in connection with fair use.
Authorized persons may enter and search an exhibition facility without a warrant if there is reasonable ground to believe a violation has or is being committed. They may search persons, seize devices, use reasonable force, detain persons for up to 18 hours, and require assistance from exhibition operators.
They must post conspicuous notices in at least two areas, including ticket booths and entrances, warning against bringing audiovisual recording devices into the screening area. Failure to comply risks a fine of Fifty thousand pesos (Php50,000.00).
Members of the Philippine National Police (PNP), the National Bureau of Investigation (NBI), and any person duly authorized by them to exercise powers under this Act.
The court may order destruction or delivery to the copyright owner of unauthorized copies and devices. Samples may be retained as evidence in custody until the court proceedings are resolved.