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.
The State shall penalize acts that would destroy the honor, dignity, and integrity of a person.

Broadcast means making public, by any means, a visual image with the intent that it be viewed by one or more persons.
Capture (with respect to an image) means to videotape, photograph, film, record by any means, or broadcast.
Female breast means any portion of the female breast.
Photo or video voyeurism includes:
- Taking photo or video coverage of a person or group performing sexual act or similar activity, or capturing an image of the private area of a person or persons without consent, under circumstances where there is a reasonable expectation of privacy; and
- Selling, copying, reproducing, broadcasting, sharing, showing, or exhibiting recordings of such sexual act or similar activity through VCD/DVD, Internet, cellular phones and similar means or device, without written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of the same was given.
Private area of a person means the naked or undergarment-clad genitals, public area, buttocks, or female breast of an individual.
Under circumstances in which a person has a reasonable expectation of privacy means circumstances where a reasonable person would believe that the person could disrobe in privacy without being concerned that an image or private area was being captured, or that the private area would not be visible to the public, regardless of whether the person is in a public or private place.

It is unlawful for any person to:
- Take photo or video coverage of a person or group performing sexual act or similar activity, or capture an image of a person’s private area (naked or undergarment-clad genitals, public area, buttocks, or female breast) without the consent of the person/s involved and under circumstances with a reasonable expectation of privacy.
- Copy or reproduce, or cause copying or reproduction of, the photo or video or recording of sexual act or similar activity with or without consideration.
- Sell or distribute, or cause sale or distribution of, the photo or video or recording of sexual act, whether it is the original, copy, or reproduction.
- Publish or broadcast, or cause publication or broadcast, whether in print or broadcast media, or show or exhibit such photo or video recordings of sexual act or similar activity through VCD/DVD, internet, cellular phones and other similar means or device.
The prohibitions covering copying/reproducing, selling/distributing, and publishing/broadcasting apply notwithstanding that consent to record or take the photo or video coverage was given.
Any person who violates Section 4 is liable for photo or video voyeurism as defined.

Section 5 imposes, for violation of Section 4, an imprisonment term of not less than three (3) years but not more than seven (7) years, and a fine of not less than PHP 100,000.00 but not more than PHP 500,000.00, or both, at the discretion of the court.
If the violator is a juridical person, its license or franchise is automatically deemed revoked, and the persons liable are its officers, including:
- The editor and reporter in the case of print media, and
- The station manager, editor and broadcaster in the case of broadcast media.
If the offender is a public officer or employee, or a professional, the offender is also administratively liable.
If the offender is an alien, the offender is subject to deportation proceedings after serving the sentence and payment of fines.

Section 6 permits a peace officer, authorized by a written order of the court, to use the record or any copy as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism.
The written application must be supported by:
- An examination under oath or affirmation of the applicant, and
- An examination under oath or affirmation of the applicant and the witnesses the applicant may produce.
The applicant must show reasonable grounds that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of, the crime.

Section 7 provides that any record, photo, video, or copy thereof obtained or secured in violation of the preceding sections is not admissible in evidence in:
- Any judicial,
- Quasi-judicial,
- Legislative, or
- Administrative hearing or investigation.

If any provision or part of Republic Act No. 9995 is held invalid or unconstitutional, the remaining provisions not affected remain valid and subsisting (Section 8).
Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the Act is repealed, modified, or amended accordingly (Section 9).