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Summary of Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995, 27 July 2009)

The Anti-Photo and Video Voyeurism Act of 2009 was passed in response to a highly publicized sex scandal involving celebrity physician Hayden Kho. The law prohibits recording or taking photos of sexual acts or private areas without consent. It also bans distributing, publishing, or broadcasting such recordings even if consent was given for the initial recording. Violators face 3-7 years in prison and fines from 100,000 to 500,000 pesos. Additional penalties target juridical persons, public officers, and alien violators. The law aims to prevent non-consensual recordings and distributions that violate privacy.

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1K views3 pages

Summary of Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995, 27 July 2009)

The Anti-Photo and Video Voyeurism Act of 2009 was passed in response to a highly publicized sex scandal involving celebrity physician Hayden Kho. The law prohibits recording or taking photos of sexual acts or private areas without consent. It also bans distributing, publishing, or broadcasting such recordings even if consent was given for the initial recording. Violators face 3-7 years in prison and fines from 100,000 to 500,000 pesos. Additional penalties target juridical persons, public officers, and alien violators. The law aims to prevent non-consensual recordings and distributions that violate privacy.

Uploaded by

Grandeur P. G. Guerrero
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SPECIAL PROJECT ON PERSONS AND FAMILY RELATIONS (PFR) SUBJECT

1st Year 1st Semester

Student : Guerrero, Grandeur P.G.


Freshman, Juris Doctor
Professor : Hon. Judge Eugene C. Paras

Summary of Anti-Photo and Video Voyeurism Act of 2009


(Republic Act No. 9995, 27 July 2009)

The highly publicized sex videos of celebrity physician


Hayden Kho with various celebrity partners rocked Philippine
society in May 2009 and was quickly shared online and later
distributed through DVD in the streets and sidewalks. In response
to this, Congress passed Republic Act 9995 (Anti-Photo and Video
Voyeurism Act of 2009) to prevent the publication and distribution
of similar material in the future.[1] The law prohibits recording
videos or taking photos of a sexual act, the male or female
genitalia, and of the female breast, among others, without
consent of the persons featured in the material. The law
ultimately seeks to prevent the reproduction, distribution, and
publication of said material regardless of whether or not the
persons featured consented to the recording.

Definition of Terms:

"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" - 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.

"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 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

The Anti-Photo and Video Voyeurism Act prohibits


the following acts:

1. The unconsented taking of a photo or video of a


person or group of persons engaged in a sexual act
or any similar activity, or capturing an image of the
private area of a person, under circumstances in
which the said person has a reasonable expectation
of privacy;
2. The copying or reproduction of such photo or video
recording of the sexual act;
3. The selling or distribution of such photo or video
recording;
4. The publication or broadcasting, whether in print or
broadcast media, or the showing of such sexual act
or any similar activity through VCD/DVD, the
internet, cellular phones, and other similar means or
devices without the written consent of the persons
featured.
5. Prohibitions numbered 2, 3, and 4 will still apply
even if the person or persons featured in the photo
or video consented to the taking of the photo or
recording of the sexual act.

Penalties

The penalties for any person found guilty of violating any of


the prohibitions enumerated under Section 4 of R.A. 9995 range
from an imprisonment of 3 to 7 years and a fine of P100,000.00
up to P500,000.00 at the discretion of the court. Additional
penalties are meted for the following violators: juridical persons,
public officers or employees, and aliens.

Juridical Persons such as Corporations and Partnerships who


violate this law will have their licenses or franchises automatically
revoked and their officers held liable, including the editor and
reporter in the case of print media, and the station manager,
editor, and broadcaster in the case of broadcast media. Public
officers or employees who violate this law shall also be held
administratively liable, whereas aliens who violate the law shall be
subject to deportation proceedings after they serve their sentence
and pay the fines imposed.

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