Title
Anti-Photo and Video Voyeurism Act of 2009
Law
Republic Act No. 9995
Decision Date
Feb 15, 2010
The Anti-Photo and Video Voyeurism Act of 2009 is a Philippine law that criminalizes the unauthorized capturing, distribution, and publication of explicit photos or videos without consent, with violators facing imprisonment and fines.

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.

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