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Anti Picture and Video Voyeurism

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Republic Act No.

9995
"Anti-Photo and Video Voyeurism Act of 2009"
 What is Photo or video voyeurism?

 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 person's.
???
A woman, in a secluded area of the beach
changed clothes after swimming. Without her
knowledge, she can be seen from an angle of
one of the cottages wherein one occupant
took a photo of her showing her private parts.
The person who who took the picture argued
that RA 9995 does not apply because she
unrobed in a public place. Is he correct?
What does “reasonable expectation
of privacy” mean?

 Belief 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.
Prohibited Acts…
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.
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.
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.

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