R.A. 9995 A.K.A Anti-Photo and Video Voyeurism Act of 2009

R.A. 9995 a.k.
a Anti-Photo and Video Voyeurism Act of 2009

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.
(e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or
female breast of an individual.
(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that
he/she could disrobe in privacy, without being concerned that an image or a private area of the person
was being captured; or circumstances in which a reasonable person would believe that a private area of
the person would not be visible to the public, regardless of whether that person is in a public or private
place.
Prohibited Acts
(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
(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.
Note: 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.
Penalty:
Public Officer or
Offender Natural Person Juridical Person Employee or Alien
Professional
Imprisonment of Its license or

not less than three franchise shall be
(3) years but not revoked.
more than seven Subject to
(7) years. The persons liable deportation
Penalty shall be the officers Administratively proceedings after
A fine of not less thereof including the liable. serving his/her
than editor and reporter in sentence and
Php100,000.00 the case of print payment of fines.
but not more than media, and the
Php500,000.00, or station manager,
both editor and
imprisonment and broadcaster in the
fine. case of a broadcast
media.
What are the exemptions to this law?
A peace officer who is authorized by 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.
Provided the following conditions are met;
The written order shall only be granted upon written application and the examination under oath
or affirmation of the applicant and the witnesses he/she may produce, and
Upon showing that there are reasonable grounds to believe that photo or video voyeurism has
been committed or is about to be committed, and
The evidence to be obtained is essential to the conviction of any person for, or to the solution or
prevention of such crime
Important Questions
1) What does the private area of a person include?
The private area of a person includes naked or undergarment-clad genitals, pubic area, buttocks, or
the female breast.
2) What does it mean to have a reasonable expectation of privacy?
R.A. 9995 contemplates two situations where a person can have a reasonable expectation of privacy:
When the person believes that one could undress in privacy without being concerned that an image
of him or her is being taken; and,
When a reasonable person would believe that ones private area would not be visible regardless of
whether the person is in a public or private place.
3) Will one be liable for the non-commercial copying or reproduction of said photo or video?
Yes. The mere copying or reproduction of said material will make one liable under the law regardless of
the reason or whether one profits or not from such act. Indeed, the mere showing of the material on
ones cellphone would violate the law.
4) The persons in the photo knew and consented to the video recording or taking of the photo; can I
reproduce, distribute, or broadcast it?
Yes. If the person or persons in the photo or video gave written consent for the reproduction,
distribution, or broadcasting of said material, then one will not be held liable under the Anti-Photo and
Video Voyeurism Act. However, if the person merely consented to the taking of the photo or the video
recording and did not give written consent for its reproduction, distribution, and broadcasting, then
anyone committing the said acts shall be held liable under R.A. 9995.
Charisse Mae V. Mendoza, Balancing of Interest in the Digital Age: Protection of Rights of Offended
Parties and the Constitutional Rights of the Accused in the Context of Sex Scandals, 86 PHIL. L.J. (2012)
NBI-7 Director Patricio Bernales said Margallo will be flown to Cagayan de Oro City today where she will
face charges for violating Republic Act 9995 or the Anti-Photo and Video Voyeurism Act of 2009.

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R.A. 9995 a.k.

a Anti-Photo and Video Voyeurism Act of 2009

(c) "Female breast" means any portion of the female breast.

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast

Imprisonment of Its license or

What are the exemptions to this law?

Provided the following conditions are met;

1) What does the private area of a person include?

2) What does it mean to have a reasonable expectation of privacy?

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