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RA 9995

ANTI-PHOTO AND VIDEO VOYEURISM ACT


OF 2009
DEFINITION OF TERMS

Broadcast to make public, by any means, a visual


image with the intent that it be viewed by a person or
persons
Capture with respect to an image to videotape,
photograph, film, record by any means, or broadcast
Female breast any portion of the female breast
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 latters
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
Private area of person the naked or undergarment
clad genitals, public area, buttocks, or female breast
of an individual
Under circumstances in which a person has
reasonable expectation of privacy belief that a
person could disrobe in private, without being
concerned that an image or a private area of the
person was being captured; circumstances in which a
reasonable person would believe that his/her private
area would not be visible to the public, regardless of
whether that person is in a public or private place
PROHIBITED ACTS

To take a photo or video coverage of a person or group of


persons performing sexual acts or any similar activity or
to capture an image of the private area of a person
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;
To copy or reproduce, or to cause to be copied or
reproduced, such photo or video recording of sexual act or
any similar activity with or without consideration;
To sell or distribute, or cause to be sold or distributed, such
photo or video recording, whether it be the original copy or
reproduction thereof; or
To publish or broadcast, or cause to be published or
broadcasted, 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.
IF WITH KNOWLEDGE AND CONSENT:

If the person or persons in the photo or video gave


written consent for the reproduction, distribution, or
broadcasting of said material, then one will not be
held liable under the Anti-Photo and Video Voyeurism
Act. However, if the person merely consented to
the taking of the photo or the video recording
and did not give written consent for its
reproduction, distribution, and broadcasting,
then anyone committing the said acts shall be
PENALTY

Public
Offender Natural Juridical Officer or Alien
Person Person Employee
or
Profession
al
Imprisonment Its license or
of not less franchise shall be
than three (3) revoked.
years but not Subject to
more than The persons deportation
Penalty seven (7) liable shall be Administrati proceedings
years. the officers vely liable. after serving
thereof including his/her
A fine of not the editor and sentence and
less than reporter in the payment of
Php100,000.0 case of print fines.
0 but not more media, and the
than station manager,
Php500,000.0 editor and
WHO ARE EXEMPTED?

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
CONDITIONS TO BE MET (EXEPTION)

The written order shall only be granted upon written


application and the examination under oath or
affirmation of the applicant and the witnesses s/he may
produce
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
MANIL A - TV5 NEWS ANCHOR PAOLO BEDIONES HAS FILED A
FORMAL COMPLAINT BEFORE THE PHILIPPINE NATIONAL
POLICE (PNP) ANTI-CYBERCRIME GROUP IN CONNECTION WITH
A VIDEO SCANDAL SHOWING HIM HAVING SEX WITH AN
UNIDENTIFIED GIRL.
THE PNP SAID THE PEOPLE WHO UPLOADED THE VIDEO WILL
FACE CHARGES FOR VIOLATING REPUBLIC ACT 9995 OR THE
NBI-7 DIRECTOR PATRICIO BERNALES SAID MARGALLO
WILL BE FLOWN TO CAGAYAN DE ORO CITY TODAY
WHERE SHE WILL FACE CHARGES FOR VIOLATING
REPUBLIC ACT 9995 OR THE ANTI-PHOTO AND VIDEO
TUTOR NABBED OVER ALLEGED SEX
ABUSE OF HIS STUDENT
Philippine Daily Inquirer / May 09, 2016
We learned the suspect forced the minor to have a
relationship with him and took nude pictures while they
were inside a motel, Senior Super Intendent Eleazar
Oliva will be charged with violation of Republic Act No.
7610, the Anti-Child Abuse Act; RA 10175, the
Cybercrime Prevention Act of 2012, and RA 9995, the
Anti-Photo and Video Voyeurism Act.

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