Question & AnswerQ&A (Republic Act No. 9995)
The short title of Republic Act No. 9995 is the "Anti-Photo and Video Voyeurism Act of 2009."
The State values the dignity and privacy of every human person and guarantees full respect for human rights, penalizing acts that destroy the honor, dignity, and integrity of a person.
Photo or video voyeurism is defined as taking photo or video coverage of a person or group performing sexual acts or capturing images of private areas without consent under circumstances where there is a reasonable expectation of privacy, or selling, copying, reproducing, broadcasting, sharing, showing, or exhibiting such images without written consent.
Private areas are defined as the naked or undergarment-clad genitals, pubic area, buttocks, or female breast of an individual.
When a reasonable person believes they can disrobe or expose private areas without concern of being observed or recorded, regardless of whether in public or private places, and their private area would not be visible to the public.
It is unlawful to take photos or videos of sexual acts or private areas without consent under reasonable expectation of privacy, to copy or reproduce such images, to sell or distribute them, and to publish, broadcast, show, or exhibit them by any means.
Imprisonment of 3 to 7 years, a fine of ₱100,000 to ₱500,000, or both. Juridical persons face license or franchise revocation. Public officers or professionals may also face administrative liability, and aliens may be deported after serving penalties.
Yes, peace officers authorized by a written court order may use the recorded materials as evidence in civil or criminal investigations or trials related to photo or video voyeurism.
No, any record, photo, video, or copies obtained in violation of the Act are inadmissible in judicial, quasi-judicial, legislative, or administrative hearings or investigations.
Jurisdictional persons have their licenses or franchises revoked, and officers including media editors and broadcasters are held liable. Public officers or employees and professionals may face administrative liability.