Law Summary
Declaration of Policy
- Emphasizes the State's commitment to protect human dignity and privacy.
- The State guarantees full respect for human rights.
- Acts undermining a person's honor, dignity, or integrity shall be penalized.
Definitions
- "Broadcast": Making public a visual image to be viewed by others.
- "Capture": Includes videotaping, photographing, filming, recording, or broadcasting.
- "Female breast": Any part of the female breast.
- "Photo or video voyeurism": Taking photos or videos or capturing images of a person performing sexual acts or private areas without consent, especially when the person has a reasonable expectation of privacy.
- Also includes selling, copying, reproducing, broadcasting, or exhibiting such photos/videos without written consent.
- "Private area": Naked or undergarment-clad genitals, pubic area, buttocks, or female breast.
- "Reasonable expectation of privacy": Reasonable belief that one could disrobe or expose private areas in privacy, regardless of location.
Prohibited Acts
- Taking photos or videos of sexual acts or private areas without consent and under conditions of reasonable expectation of privacy.
- Copying, reproducing, selling, distributing, publishing, broadcasting, or exhibiting such photos or videos.
- These prohibitions apply even if initial consent to recording was given.
- Violators are liable for photo or video voyeurism.
Penalties
- Imprisonment from 3 to 7 years and fines ranging from PHP 100,000 to PHP 500,000 or both, at court discretion.
- Juridical persons face automatic revocation of licenses/franchises; responsible officers held liable.
- Public officers, employees, and professionals are also subject to administrative sanctions.
- Foreign nationals found guilty are subject to deportation after serving sentence and fines.
Exemption
- Peace officers with a valid court order may use recordings or copies as evidence in investigations or trials of voyeurism.
- Application must be supported by sworn statements and reasonable grounds indicating the crime.
Inadmissibility of Evidence
- Recordings or photos obtained in violation of the law are inadmissible as evidence in judicial, quasi-judicial, legislative, or administrative hearings.
Separability Clause
- If any part of the Act is invalidated, the remaining provisions remain effective and enforceable.
Repealing Clause
- All laws or orders inconsistent with this Act are repealed, modified, or amended accordingly.
Effectivity Clause
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.