Republic Act 9995

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AN ACT DEFINING AND

PENALIZING THE CRIME OF


PHOTO AND VIDEO
VOYEURISM, PRESCRIBING
PENALTIES THEREFOR,
AND FOR OTHER PURPOSES
Signed into law by President
Gloria Macapagal-Arroyo: 17
November 2009.
Section 1. Short Title. - This Act
shall be known as the "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. Toward this end, the State
shall penalize acts that would
destroy the honor, dignity and
integrity of a person.
Section 3. Definition of
Terms
(a) "Broadcast" means to make public, by
any means, a visual image with the intent
that it be viewed by a person or persons.
(b) "Capture" with respect to an image,
means to videotape, photograph, film,
record by any means, or broadcast.
(c) "Female breast" means any portion of
the female breast.
(d) "Photo or video voyeurism“
means the act of taking photo or video coverage of a
person or group of persons performing sexual act or any
similar activity or of capturing an image of the private
area of a person or persons without the latter's consent,
under circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or
exhibiting the photo or video coverage or recordings of
such 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,
notwithstanding that consent to record or take photo or
video coverage of same was given by such person's.
Section 4. Prohibited Acts
- It is hereby prohibited and declared unlawful
for any person:

(a) To take photo or video coverage of a person


or group of persons performing sexual act or
any similar activity or to capture an image of
the private area of a person/s such as the
naked or undergarment clad genitals, public
area, buttocks or female breast without the
consent of the person/s involved and under
circumstances in which the person/s
has/have a reasonable expectation of
privacy;
(b) To copy or reproduce, or to cause to be
copied or reproduced, such photo or
video or recording of sexual act or any
similar activity with or without
consideration;

(c) To sell or distribute, or cause to be sold


or distributed, such photo or video or
recording of sexual act, whether it be the
original copy or reproduction thereof; or
Cont…
(d) To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo
or video coverage or recordings of such sexual
act or any similar activity through VCD/DVD,
internet, cellular phones and other similar
means or device.

The prohibition under paragraphs (b), (c) and


(d) shall apply notwithstanding that consent
to record or take photo or video coverage of
the same was given by such person/s. Any
person who violates this provision shall be
liable for photo or video voyeurism as defined
herein.
Section 5. Penalties
The penalty of imprisonment of not less
that 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
(P500,000.00), or both, at the
discretion of the court shall be imposed
upon any person found guilty of
violating Section 4 of this Act.
If the violator is a juridical person, its
license or franchise shall be
automatically be deemed revoked and
the persons liable shall be the officers
thereof including the editor and
reporter in the case of print media, and
the station manager, editor and
broadcaster in the case of a broadcast
media.
Section 6. Exemption
Section 7. Inadmissibility
of Evidence
Section 10. Effectivity
Clause.

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