ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009

Case Overview and Summary

Summary of the Anti-Photo and Video Voyeurism Act of 2009

Declaration of Policy (Section 2):
- The State values human dignity, privacy, and human rights.
- The State shall penalize acts that destroy a person's honor, dignity, and integrity.

Definitions (Section 3):
- "Broadcast" means making a visual image public with the intent for it to be viewed.
- "Capture" means videotaping, photographing, filming, recording, or broadcasting an image.
- "Female breast" means any portion of the female breast.
- "Photo or video voyeurism" means:
  - Taking photo/video coverage of a person performing a sexual act or capturing their private area without consent, under circumstances with a reasonable expectation of privacy.
  - Selling, copying, reproducing, broadcasting, sharing, showing, or exhibiting such photo/video coverage without written consent, even if consent was initially given.
- "Private area of a person" means the naked or undergarment-clad genitals, public area, buttocks, or female breast.
- "Under circumstances in which a person has a reasonable expectation of privacy" means:
  - Believing one could disrobe in privacy without being captured.
  - Circumstances where a reasonable person would believe their private area would not be visible to the public, regardless of location.

Prohibited Acts (Section 4):
- Taking photo/video coverage of a person performing a sexual act or capturing their private area without consent and under circumstances with a reasonable expectation of privacy. (Section 4a)
- Copying, reproducing, or causing to copy/reproduce such photo/video coverage, with or without consideration. (Section 4b)
- Selling, distributing, or causing to sell/distribute such photo/video coverage, whether original or reproduction. (Section 4c)
- Publishing, broadcasting, showing, or exhibiting such photo/video coverage through any media, even if consent was initially given. (Section 4d)

Penalties (Section 5):
- Imprisonment of not less than 3 years but not more than 7 years.
- Fine of not less than ₱100,000 but not more than ₱500,000, or both, at the court's discretion.
- If the violator is a juridical person, its license/franchise shall be automatically revoked, and the liable persons shall be the officers, editors, reporters, station managers, and broadcasters.
- If the offender is a public officer/employee or professional, they shall be administratively liable.
- If the offender is an alien, they shall be subject to deportation proceedings after serving their sentence and paying fines.

Exemption (Section 6):
- Peace officers authorized by a written court order may use the record or copy as evidence in civil, criminal investigations, or trials of photo/video voyeurism, upon showing reasonable grounds that the crime has been or is about to be committed, and the evidence is essential.

Inadmissibility of Evidence (Section 7):
- Any record, photo, video, or copy obtained in violation of this Act shall not be admissible as evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation.

Separability Clause (Section 8), Repealing Clause (Section 9), and Effectivity Clause (Section 10) are also included.