Anti-Camcording Act of 2010

"Audiovisual work" refers to a series of related images intended for display by machines or electronic devices, with accompanying sounds if any.
"Audiovisual recording device" includes digital or analog cameras or any other technology capable of recording or transmitting audiovisual works.
"Authorized person" covers members of law enforcement agencies such as PNP and NBI and any person duly authorized under the Act.
"Camcording" means unauthorized recording acts stated in Section 3.
"Cinematographic film" means audiovisual work imparting motion when shown in succession, with sounds if any.
"Copy" includes any article embodying the visual images or sounds of a cinematographic film or audiovisual work, including electronic copies.
"Copyright owner" means the person holding exclusive rights under the Intellectual Property Code and relevant treaties.
"Exclusive licensee" is a person authorized in writing by the copyright owner to perform rights exclusively within the Philippines.
"Exhibition facility" denotes cinemas, theaters, or venues exhibiting cinematographic films or audiovisual works.
"Operator of an exhibition facility" is the licensed person or entity managing or operating the facility.
"Relevant authority" includes law enforcement personnel empowered under this Act.
"Transmit" means to convey audiovisual content by any means.

It is unlawful to use or attempt to use recording devices to copy or transmit any film or audiovisual work in an exhibition facility without authorization.
Possession of recording devices in exhibition facilities with intent to use them unlawfully is prohibited.
Aiding or abetting such acts is also punishable.

Guilty persons face fines ranging from Php 50,000 to Php 750,000 and imprisonment from 6 months and 1 day up to 6 years and 1 day.
Maximum penalties apply if the act’s purpose is commercial distribution such as sale or rental.
Foreign offenders will be deported after serving penalties and thereafter barred from re-entry.
Government officials committing offenses face perpetual disqualification from public office and a 5-year loss of voting rights.

Copyright is presumed to subsist if the accused does not contest it.
If contested without good faith, presumption of subsistence still applies.
The maker whose name appears on copies is presumed the copyright owner unless disproved.
Affidavits by copyright owners asserting subsistence and ownership carry prima facie weight unless contradicted.

The accused cannot defend acts of unauthorized recording by claiming private, domestic use or fair use exceptions.

Exhibition facilities must post conspicuous notices in at least two areas, including ticket counters and entrances, warning against bringing recording devices.
Operators must also hold seized devices temporarily until patrons leave.
Failure to post notices results in a Php 50,000 fine.
Additional precautionary measures by management to prevent offenses are not prohibited.

Authorized persons may enter and search exhibition facilities without a warrant if they have reasonable grounds to believe violations occurred and delay would result in evidence loss.
Admission fees or charges are waived for authorized persons exercising powers.

Authorized persons can search individuals carrying recording devices suspected in offenses.
They may seize devices or items likely containing evidence.
Reasonable force is permitted to overcome obstruction.
They may detain persons for up to 18 hours if connected to investigations.
Operators or persons responsible must provide assistance or information as required.

Courts may order destruction or delivery of unauthorized copies and equipment used in offenses.
Courts may retain representative samples as evidence until final case resolution.

The PNP in coordination with the NBI, Optical Media Board, exhibition operators, and copyright owners will enforce the Act.
PNP may deputize government or private sector representatives for enforcement functions.

The Act takes effect 15 days after full publication in at least two newspapers of national circulation.