“The Anti-Photo and Video Voyeurism Act of 2009 to Protect the Well-Being of a

Person in the Face of New Technology: A Case Study”

Lauren G. Galvan

Shandy Mayores

Irold Sanchez

Justine Joy O. Togni

Ben Alfred Vergara

Instructor: Mr. John Elliel Barroga

April 2023
 Table of Contents

I. Introduction
II. Objectives
III. Statement of the Problem
IV. Scope and Delimitations
V. Hypothesis
VI. Significance of the Study
VII. Definition of Terms
VIII. Review of Related Literature
IX. Foreign and Local Literature
X. Methodology
XI. Methods and Techniques
XII. Instruments of the Study
 Introduction

Photography has been a powerful for capturing and preserving memories, documenting
history, and creating art. In the Philippines, many people are fond of taking pictures,
street photographers are seen everywhere. Nevertheless, when a street photographer
takes one’s picture without one’s permission, there may be many repercussions. First, it
interferes with the privacy and self-expression of a person. A person might not feel at
ease having its photo taken or shared, and without having the chance to provide
consent can make a person feel violated and uneasy. Second, the photographer might
utilize the image against one’s will or for commercial gain, which could be embarrassing
or hurtful. Lastly, if the photo is posted online without permission, it can become popular
and cause harassment and cyberbullying. Finally, if the photo was shot in a
compromising or personal setting, it may constitute sexual harassment and result in
legal repercussions. In general, failing to obtain someone's permission before taking the
photo can have a variety of negative consequences and be interpreted as an
infringement on their privacy and rights.

According to Scribd, in 2009, celebrity and physician Dr. Hayden Kho was issued of
having a sex scandal with actress Maricar Reyes. The actor’s video was leaked, and
because of this, the Congress of the Philippines established the Republic Act no. 9995,
also known as “The Anti-Photo and Video Voyeurism Act of 2009.” This act penalizes
the crime of taking one’s sexual act, private parts such as the female breast, genitals,
buttocks, or any naked photo or video without their consent. This act also prohibits
selling or distributing, publishing, or broadcasting in media the sexual act. Any person
found guilty of violating the R.A No. 9995 shall be sentenced to a term of imprisonment
of not less than three (3) years nor more than seven (7) years, and to a fine of not less
than one hundred thousand pesos (P100,000.00) nor more than five hundred thousand
pesos (P500,000.00), or both, at the discretion of the court.
This law criminalizes the act of taking photos or videos of individuals without their
consent in situations where they have a reasonable expectation of privacy, such as in
changing rooms, bedrooms, and bathrooms. The law also penalizes the distribution,
publication, and selling of such materials. The law was enacted in response to the
increasing incidents of photo and video voyeurism, particularly in public places such as
malls, public transportation, and other crowded areas. This type of behavior not only
violates the privacy and dignity of individuals but can also lead to cyberbullying,
blackmail, and other forms of exploitation.

Objectives

The following are the objectives of the study:

 To protect persons that are vulnerable and easily exploited from perpetrators.
 To issue or grant upon written application and the examination under oath or
affirmation of the applicant and the witnesses male/female 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.
 For Peace officers, may use a record or copy of it as evidence in civil or criminal
investigations if there are reasonable grounds for doing so.
 To provide protection to the victim who consents to the sexual act or any similar
activity and the recording of it but not to the copying and reproduction of said
material and holds the offender liable for violating such provision.
 To protect the victims who are made to believe that they are performing sexual
acts in private.
 To obtain or secured any person in violation of the preceding sections shall not
be admissible in evidence in any judicial, quasi-judicial, legislative, or
administrative hearing or investigation.
 Statement of the Problem

This paper aims to present the problems and issues faced in the prosecution of sex
scandals in the light of advancements in technology. To know its effectiveness, the
study seeks to identify the issues faced in uncovering the perpetrator and obtaining
evidence. Discussions on the right to privacy and unreasonable searches and seizures
will be included. This is to know how the rights of the involved are sufficiently protected
by the laws of the Philippines.

The unauthorized recording and distribution of sexually explicit images has become a
significant problem in recent years, facilitated by the widespread availability of digital
technology. This has led to a phenomenon known as "revenge porn" or "non-
consensual pornography," which involves the distribution of sexually explicit images or
videos without the consent of the individuals depicted. Such acts have severe
implications for the privacy, dignity, and mental health of the victims, and
disproportionately affect women, LGBTQ+ individuals, and other marginalized groups.

In response to this issue, the United States Congress passed the Anti-Photo and Video
Voyeurism Act (APVVA) in 2009 to make it a federal crime to take pictures or videos of
individuals in private places without their consent, as well as the distribution of such
material. The APVVA aimed to provide a legal framework to protect individuals' privacy
and dignity, but its effectiveness in preventing and punishing offenders remains a matter
of debate.

One of the significant challenges with the APVVA is its enforcement, as it can be
challenging to identify and prosecute offenders who often use anonymous accounts and
encrypted messaging apps to avoid detection. Additionally, there are legal and ethical
issues related to the use of technology to invade individuals' privacy, making it difficult
to balance the right to free speech and expression with the right to privacy and dignity.
The effectiveness of the APVVA in addressing these issues and preventing the
unauthorized recording and distribution of sexually explicit images is a topic of ongoing
discussion and debate.
 Scope and Delimitations

This study will analyze the Anti-Photo and Video Voyeurism Act of 2009, a law in the
Philippines that criminalize the act of taking photos or videos of persons private areas
without consent, and to identify the factors that contributes to its implementation and
enforcement. The study will focus solely on the Anti-Photo and Video Voyeurism Act of
2009 in the Philippines and will not cover similar laws in other countries and will use
existing literature and secondary sources and will not conduct primary research or
interviews with key stakeholders involved in the implementation and enforcement of the
Anti-photo and Video Voyeurism Act of 2009.

Significance of the Study

This research was done on purpose to gauge how much people are aware of
respondents and to inform them of the Anti-Photo and Video Voyeurism Act of 2009, or
R.A 9995.

Community – This group might learn from this study because the people will know how
to stay out of trouble or not become a victim of R.A. 9995. This will be beneficial as a
wake-up call to practice responsibility and caution while disclosing private information
on social media. And if they encounter a situation like the study, they will be confident
on how to prevent and will be wiser in the latter.

Parents – Parents are the first teachers in our lives. That’s why, parents will be
beneficial for this study, for them to instruct their child or children on how to use social
media responsibly, as well as for them to know whether their child committed the said
conduct or was a victim of it. The location where they learn is at home.

Teenagers – Teenagers are vulnerable to predators, prone to blackmailing and cease

to fight their rights for they are not wise enough. Teenagers are still growing and still
exploring things on their own every day. Therefore, predators will use it as an
advantage to blackmail or use this impotence. This study will benefit the teenagers to
learn, to use their rights, and to be aware with the situation.
Law enforcement – They need to be knowledgeable about the law since they will
eventually enforce it. That it helps to raise awareness about the serious nature of this
crime and the impact it can have on victims like trauma, trauma that can give to
someone and having it for day lives, and there’s a lot of mental issues that can happen
to the victim. Law enforcement officers can use the information gained from this study to
develop better strategies for identifying and prosecuting offenders. They can also use
this knowledge to educate the public about the importance of respecting the privacy of
others and the legal consequences of engaging in voyeuristic behavior.

Future researchers – Future researchers may benefit from the study because they are
informing and raising awareness to people. And this will act as a reference for them
when they conduct their own research.

Definition of Terms

The following terms are, for additional and deeper understanding of this study:

Blackmailing – According to West's Encyclopedia of American Law, (2d Edition, 2008),

blackmail is the crime involving a threat for purposes of compelling a person to do an
act against his or her will, or for purposes of taking the person's money or property.

Buttocks – The back of a hip that forms one of the fleshy parts on which a person sits.

Consent – Consent is an agreement between participants to engage in sexual activity.

Cyberbullying – The electronic posting of mean-spirited messages about a person

(such as a student) often done anonymously.

Distributing – To give something out to several people, or to spread or supply

something.

Exploitation – Involves being groomed, forced, or coerced into doing something that
you don’t want to do for someone else’s gain.

Female Breast – Mammary gland of a woman, bosom; the thorax or chest, part of the
body between the neck and the belly; mind, thought, disposition.
Genitals – The sexual or reproductive organs located on the outside of the body.

Leaked – To have files or information released to the wider public without spoken or
written permission. Occasionally, the term is simply used to describe an early release,
generally unplanned.

LGBTQ – The terms lesbian, gay, bisexual, and transgender (LGBT) describe distinct
groups within the gay culture.

Photo or Video Voyeurism – The deliberate act of taking a picture of a person's

private area without that person's knowledge and in a situation where that person has a
legal right to privacy.

Protect – To defend or guard from attack, invasion, loss, annoyance, insult, cover or
shield from injury or danger.

Well-Being – Is the positive outcome that is meaningful for people and for many sectors
of society, because it tells us that people perceive that their lives are going well.