LESSON MANUSCRIPT Special Laws Abti Voyeurism Law

ANTI-VOYEURISM LAW
Republic Act No. 9995

AN ACT DEFINING AND PENALIZING THE
CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representative of the Philippines in Congress
assembled:
Section 1. Short Title. - This Act shall be known as the
"Anti-Photo and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - 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. - For purposes of this Act,
the term:
(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 persons.
(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.
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
(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. If the offender is a public officer or
employee, or a professional, he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to deportation
proceedings after serving his/her sentence and payment of fines.
Section 6. Exemption. - Nothing contained in this Act, however,
shall render it unlawful or punishable for any peace officer, who is
authorized by a 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, That
such 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.
Section 7. Inadmissibility of Evidence. - Any record, photo or video,
or copy thereof, obtained or secured by 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.1avvphi1
Section 8. Separability Clause. - If any provision or part hereof is held

invalid or unconstitutional, the remaining provisions not affected
thereby shall remain valid and subsisting.
Section 9. Repealing Clause. - Any law, presidential decree or

issuance, executive order, letter of instruction , administrative order, rule
or regulation contrary to or inconsistent with the provisions of this Act is
hereby repealed, modified or amended accordingly.
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or in two(2)
newspapers of general circulation.
Approved:

(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives
(Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 2357 and House Bill No. 6571 was finally
passed by the Senate and the House of Representatives on December 1, 2009 and November
18, 2009, respectively.

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
(Sgd.) EMMA LIRIO-REYES
Secretary of Senate

Approved: FEB. 15, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

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ANTI-VOYEURISM LAW

Republic Act No. 9995

Section 4. Prohibited Acts. - It is hereby prohibited and

Section 5. Penalties. - The penalty of imprisonment of not less that

Section 8. Separability Clause. - If any provision or part hereof is held

Section 9. Repealing Clause. - Any law, presidential decree or

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