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

Featured, Human Rights, Political — July 19, 2010 at 13:38

The Anti-Photo and Video Voyeurism Act of 2009 was passed as a solution to prevent the proliferation of scandals the most notable of which is the the one which involved Dr. Hayden Kho, Dr. Maricar Reyes as well as actress Katrina Halili. The law itself provides that its main objective is to penalize acts that will destroy the honor, integrity and dignity of a person.

If you find yourself being a victim of perverts who took a photo or video of your private part or your intercourse, make sure to read the provision of this law because this will be your main weapon against these scums of the society. The provisions of the Anti-Photo and Video Voyeurism Act of 2009 are simplified below so that it may be easily understood, thus:

What acts are prohibited under the Anti-Photo and Video Voyeurism Act of 2009?

1.  To:

• take photo or video coverage of a person or group of persons performing sexual act or any similar activity or
• an image of the private area of a person/s such as the naked or the undergarment clad genitals, pubic area, buttocks, or female breasts

when

• without the consent of person/s involved and
• under circumstances in which the person/s has/have reasonable expectation of privacy

2. To:

• copy or reproduce, or
• cause to be copied or reproduced,

such photo or video or recording of sexual act, whether it be:

• the original copy or
• reproduction thereof

3. To:

• sell or distribute, or
• cause to be copied or reproduced,

such photo or video or recording of sexual act, whether it be:

• the original copy or
• reproduction thereof

4. To:

• publish or broadcast, or
• cause to be published or broadcast

whether in:

- print, or

- broadcast media

• show or exhibit

the photo or video coverage or recordings of such sexual act or any similar activity

through:

-  VCD/DVD

-  Internet

-  Cellular phones

-  Other similar means and devices

Will a person be held liable in case the victim gave his/her consent to record or take photo or video coverage?

The prohibitions shall apply notwithstanding that consent to record or take photo or video coverage was given.

What are the penalties for violation of the Anti-Photo and Video Voyeurism Act of 2009?

At the discretion of the Court, it may impose upon any person found violating the said law the following penalties:

If the offender is a natural person

• imprisonment of not less than three (3) years but not more than seven (7) years, and
• a fine of not less than Php100,000.00 but not more than Php500,000.00, or
• both imprisonment and fine

If the offender is a juridical person:

• it’s license or franchise shall be automatically deemed revoked, and
• the persons liable shall be the officers, including:

If the offender is a public officer or employee or a professional:

• he/shall 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

What are the exemptions to this law?

A peace officer who is authorized by 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 the following conditions are met;

• the written order shall only be 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
• the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such crime

Tags: human rights, privacy, voyeurism