Republic Act 9995 penalizes the crime of photo and video voyeurism, and provides penalties for their violation. To be clear, the rationale for its enactment is provided in the law’s declaration of policy, where it provides that “the State values the dignity and privacy of every human person and guarantees full respect for huma rights. Toward this end, the State shall penalize acts that would destroy the honor, dignity and integrity of a person.[1]
What is photo or video voyeurism? The law defines it as the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or capturing an image of the private area of person or person without the latter’s consent, under such 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 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 take photo or video coverage of the same was given by such person/s[2].
The private area of a person is the naked or undergarment clad genitals, pubic area, buttocks or female breast of an individual.[3] The female breast means any portion of the female breast.[4]
A person has a reasonable to expectation of privacy 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 an public or a private place.[5]
To broadcast is to make public, by any means, a visual image with the intent that it be viewed by a person or persons[6]. To capture, on the other hand is, with respect to an image, to videotape, photograph, film, record by any means, or broadcast.[7]
The law penalizes the following acts:[8]
- 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 such circumstances in which the person’s ahs/have a reasonable expectation of privacy;
- To copy or reproduce, or to cause or to cause to be copied or reproduced, such photo or video recording of sexual act or any similar activity with oir without consideration;
- 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
- To publish or broadcast, or cause to be published or broadcast, whether in printor 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 therein.
Exemption[9]. – 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 the photo and 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.
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.[10]
Penalty.[11] The penalty of imprisonment of not less than three (3) years but not more than seven (7) years and a fine of not les 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 the Act. If the offender is a public officer or employee, 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. 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.
[1] Sec. 2, RA 9995
[2] Sec. 3(d), RA 9995
[3] Sec. 3€, RA 9995
[4] Sec. 3©, RA 9995
[5] Sec. 3(f), RA 9995
[6] Sec. 3(a), RA 9995
[7] Sec. 3(b), RA 9995
[8] Sec. 4, RA 9995
[9] Sec. 6, RA 9995
[10] Sec. 7, RA 9995
[11] Sec. 5, RA 9995