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Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)

The Anti-Photo and Video Voyeurism Act of 2009 prohibits taking photos or videos of a person without consent in circumstances where privacy is expected. Specifically, it bans capturing images of another's private areas, including genitals, buttocks, and female breasts, without permission and privacy. It also bars sharing, copying, or distributing such images without consent. Violators face imprisonment of 3 to 7 years and fines of 100,000 to 500,000 pesos. While evidence obtained illegally can't usually be used, courts may grant exceptions for evidence essential to prosecuting voyeurism crimes.

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74 views9 pages

Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)

The Anti-Photo and Video Voyeurism Act of 2009 prohibits taking photos or videos of a person without consent in circumstances where privacy is expected. Specifically, it bans capturing images of another's private areas, including genitals, buttocks, and female breasts, without permission and privacy. It also bars sharing, copying, or distributing such images without consent. Violators face imprisonment of 3 to 7 years and fines of 100,000 to 500,000 pesos. While evidence obtained illegally can't usually be used, courts may grant exceptions for evidence essential to prosecuting voyeurism crimes.

Uploaded by

CHRISTINE
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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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Anti-Photo and Video Voyeurism

Act of 2009 (RA 9995)


LS3207
Definition of
“Photo or Video Voyeurism”
 It is 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.
Prohibited Acts
 1. 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, pubic 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.
 2. 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. It is immaterial if consent to record or take photo or video
coverage of the same was given by such person/s.
 3. 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. It
is immaterial if consent to record or take photo or video coverage of the same was
given by such person/s.
 4. 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. It is immaterial if consent to record or
take photo or video coverage of the same was given by such person/s.
“Circumstances in which a person has
a reasonable expectation of privacy”
It means circumstances in which a reasonable person
would 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
 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.
“Private Area of a Person”
It means an individual’s naked or undergarment clad
 genitals,
 pubic area,
 buttocks or
 female breast
What if the photo shows the breasts of a man, is this covered by the law?
 No. The law only covers female breasts.
If the photo shows only the side of a female breast, without the nipple, is
this still covered by the law?
 Yes. The term “female breast” includes “any portion of the female breast”.
“Capture”
With respect to an image, it means to
 videotape,
 photograph,
 film,
 record by any means, or
 broadcast.

What if the other person was aware of and consented to the taking
of the photograph?
 Even if there was consent to the taking of the photo, if there is no
consent to the sharing or exhibition, then the offending party
would still be liable.
Admissibility as Evidence
 As a general rule, no. The record, photo or video, or copy thereof,
obtained or secured by any person in violation of this law shall not be
admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
 However, any peace officer may secure an 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. The
written order shall only be issued or 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 that
the evidence to be obtained is essential to the conviction of any
person for, or to the solution or prevention of such, crime.
Imposable Penalty
The court has the discretion to impose:
 Imprisonment of not less that three (3)
years but not more than seven (7) years, or
Afine of not less than P100,000 but not
more than P500,000, or
 Both
End of Presentation
Thank You…

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