QuestionsQuestions (Republic Act No. 9995)
RA 9995 is known as the “Anti-Photo and Video Voyeurism Act of 2009.”
The State values the dignity and privacy of every human person and guarantees respect for human rights; it penalizes acts that destroy a person’s honor, dignity, and integrity.
It is taking photo/video of a person performing sexual acts or similar activities, or capturing the private area without consent under circumstances where there is a reasonable expectation of privacy, and also includes selling, copying, reproducing, broadcasting, sharing, showing, exhibiting, or otherwise distributing such recordings through VCD/DVD, internet, cellular phones, or similar means without the written consent of the person(s) involved, notwithstanding consent to record/take the original.
“Capture” means to videotape, photograph, film, record by any means, or broadcast.
It includes the naked or undergarment-clad genitals, public area, buttocks, or female breast of an individual.
It covers circumstances where a reasonable person would believe they could disrobe in privacy without concern that an image or private area would be captured; or where a reasonable person would believe the private area would not be visible to the public, regardless of whether the person is in a public or private place.
Among others: (1) taking photo/video of sexual acts or similar activity, or capturing the private area without consent and under circumstances with reasonable expectation of privacy; (2) copying/reproducing or causing copying/reproducing of such recordings; (3) selling or distributing or causing sale/distribution; (4) publishing/broadcasting/showing/exhibiting or causing such dissemination through print/broadcast media or devices (VCD/DVD, internet, cellular phones, etc.).
Yes. Section 4 expressly provides that the prohibitions under paragraphs (b), (c), and (d) apply notwithstanding that consent to record or take photo/video coverage was given by the person(s).
Imprisonment of not less than three (3) years but not more than seven (7) years, and a fine of not less than P100,000 but not more than P500,000, 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 the editor and reporter in print media, and the station manager, editor, and broadcaster in broadcast media.
He/she shall also be administratively liable.
He/she is subject to deportation proceedings after serving the sentence and paying the fines.
Nothing in the Act renders it unlawful for a peace officer authorized by a written court order to use the record/copy as evidence, subject to a written application with examination under oath, reasonable grounds, and a showing that the evidence is essential to conviction, solution, or prevention of the crime.
There must be (1) a written application; (2) examination under oath/affirmation of the applicant and witnesses; (3) showing reasonable grounds that photo/video voyeurism has been committed or is about to be committed; and (4) showing the evidence is essential to conviction, solution, or prevention.
Under Section 7, any record/photo/video or copy obtained or secured in violation of the Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation.
Separability: if any part is held invalid/unconstitutional, the remaining provisions remain valid. Repealing: laws/orders inconsistent with RA 9995 are repealed, modified, or amended accordingly.