Policy and protection of privacy
- 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.
Key definitions for the Act
- “Broadcast” means to make public, by any means, a visual image with the intent that it be viewed by a person or 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 a sexual act or any similar activity, or capturing an image of the private area of a person without consent, under circumstances where such person has a reasonable expectation of privacy; and
- selling, copying, reproducing, broadcasting, sharing, showing, or exhibiting such photo or video coverage or recordings of the sexual act or similar activity through VCD/DVD, Internet, cellular phones and similar means or device without the written consent of the person(s) involved, even if consent to record or take the coverage 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 he/she could disrobe in privacy without being concerned that an image or private area was being captured; or
- circumstances where a reasonable person would believe that a private area would not be visible to the public, regardless of whether the person is in a public or private place.
Prohibited acts: taking, copying, selling, and broadcasting
- The Act prohibits taking photo or video coverage of a person or group performing a sexual act or any similar activity, or capturing an image of the private area of a person (naked or undergarment clad genitals, public area, buttocks, or female breast) without consent and under circumstances giving a reasonable expectation of privacy.
- The Act prohibits copying or reproducing, or causing to be copied or reproduced, such photo or video or recording of a sexual act or similar activity with or without consideration.
- The Act prohibits selling or distributing, or causing to be sold or distributed, such photo or video or recording of a sexual act—whether the original, copy, or reproduction.
- The Act prohibits publishing or broadcasting, or causing to be published or broadcast, in print or broadcast media, or showing or exhibiting the photo or video coverage/recordings through VCD/DVD, internet, cellular phones and other similar means or device.
- The prohibition applies notwithstanding that consent to record or take photo or video coverage of the same was given by the person(s) involved.
- Any person who violates these provisions is liable for photo or video voyeurism as defined by the Act.
Penalties and consequences for offenders
- A person found guilty of violating Section 4 is punished with:
- imprisonment of not less than three (3) years but not more than seven (7) years, and
- a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (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 include 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 administrative liable.
- If the offender is an alien, the offender is subject to deportation proceedings after serving the sentence and payment of fines.
Evidence rules: inadmissibility and privacy protection
- Any record, photo, or video, or copy thereof, obtained or secured in violation of the preceding provisions is not admissible in evidence in any:
- judicial,
- quasi-judicial,
- legislative, or
- administrative hearing or investigation.
Court-authorized use by peace officers
- The Act does not render unlawful or punishable for any peace officer authorized by a written order of the court to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism.
- Authorization requires a written application and examination under oath or affirmation of the applicant and the witnesses the applicant may produce.
- The court authorization depends on showing reasonable grounds that photo or video voyeurism has been committed or is about to be committed.
- The court authorization depends on showing that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of, such crime.
Separability and repeal
- Separability: If any provision or part is held invalid or unconstitutional, the remaining provisions remain valid and subsisting.
- Repealing rule: 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.