QuestionsQuestions (Republic Act No. 9995)
RA 9995 is titled the “Anti-Photo and Video Voyeurism Act of 2009.” Its policy is to protect the dignity and privacy of every human person and penalize acts that destroy a person’s honor, dignity, and integrity.
It is the act of taking photo/video of a person or group performing sexual acts or capturing an image of a private area without consent under circumstances with a reasonable expectation of privacy, and also includes selling, copying, reproducing, broadcasting, sharing, showing, or exhibiting such recordings through VCD/DVD, internet, cellular phones, or similar means without written consent, even if consent to record was given.
“Capture” means to videotape, photograph, film, record by any means, or broadcast. “Broadcast” means to make public, by any means, a visual image with intent that it be viewed by one or persons.
It includes the naked or undergarment-clad genitals, public area, buttocks, or female breast of an individual.
Circumstances where a reasonable person would believe they could disrobe in privacy without concern that their private area is being captured; or where a reasonable person would believe their private area would not be visible to the public, regardless of whether they are in a public or private place.
Taking photo/video coverage of a person performing sexual acts (or similar activity) or capturing an image of a person’s private area without the person’s consent, under circumstances where the person has a reasonable expectation of privacy.
It prohibits copying or reproducing, or causing copying/reproduction, of such photo/video or recording of sexual act or similar activity, with or without consideration.
It prohibits selling or distributing, or causing selling/distribution, of photos/videos/recordings of sexual act or similar activity, whether the original, copy, or reproduction.
It prohibits publishing or broadcasting (in print or broadcast media) or showing/exhibiting the photo/video coverage or recordings of sexual acts (or similar activity) through VCD/DVD, internet, cellular phones, and similar means/devices.
Even if the persons consented to the recording/taking of photo/video, violations under Section 4(b), (c), and (d)—such as copying, selling, distributing, publishing, broadcasting, showing, or exhibiting—remain prohibited.
Imprisonment of not less than three (3) years and not more than seven (7) years, and a fine of not less than PHP 100,000 and not more than PHP 500,000, or both, at the discretion of the court.
Its license or franchise is automatically deemed revoked, and the persons liable are the officers thereof (including editor and reporter in print media; station manager, editor, and broadcaster in broadcast media).
Yes. If the offender is a public officer/employee or a professional, he/she shall also be administratively liable.
He/she is subject to deportation proceedings after serving the sentence and payment of fines.
It allows authorized peace officers, upon a written court order and with required written application and examination under oath of applicant and witnesses, to use the record/copy as evidence in related investigations/trials when there are reasonable grounds to believe photo/video voyeurism has been committed or is about to be committed, and the evidence is essential to conviction, solution, or prevention.
Any record/photo/video or copy obtained or secured in violation of the preceding sections is inadmissible in evidence in any judicial, quasi-judicial, legislative, or administrative hearing/investigation.
Fifteen (15) days after complete publication in the Official Gazette or in two (2) newspapers of general circulation.