Republic Act 9995

Anti-Photo and Video Voyeurism Act of 2009

Constitutionally Protected Right by the Law
The right to privacy is a Constitutionally protected right
enshrined in a number of provisions in Article 2:Bill of
Rights. The rapid technological penetration of internet
allowed digital contents to be shared instantly.
Unfortunately provisions under Article 2:Bill of Rights
are non-self executing provisions, which needs enabling
law to be protected.
The concerns regarding the right of privacy in the wake
of internet age was highlighted during the infamous
2009 scandal.

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report
Why was the Law passed
The infamous “Hayden Kho Scandal” ,which happened
in 2009, involving several prominent personalities and
the physician Hayden Kho alerted the congress for the
need of such law.

The videos upon being made available online were

quickly distributed through various means. It was also
made available through DVD in the streets and
sidewalks.

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report
Prohibited 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
Acts 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;

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report
Prohibited (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
Acts 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

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report
Prohibited (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
Acts video coverage or recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other similar means
or device.

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report
Penalties Penalties. - The penalty of imprisonment of not less that three (3)
years but not more than seven (7) years and a fine of not less than
of the One hundred thousand pesos (P100,000.00) but not more than Five
Acts 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 this Act.

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report
Penalties • If the offender is a public officer or employee, or a professional,
he/she shall be administratively liable.
of the
Acts • If the offender is an alien, he/she shall be subject to deportation
proceedings after serving his/her sentence and payment of fines.

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report
Definition What does it mean to have a reasonable expectation of privacy?
• When the person believes that one could undress in privacy
of without being concerned that an image of him or her is being
Terms taken; and,
• When a reasonable person would believe that one’s private area
would not be visible regardless of whether the person is in a public
or private place.

Source: Disini Law Office. (2016, September 29). The Anti-Photo and Video Voyeurism Act of 2009: A
Primer. Retrieved November 1, 2018, from https://elegal.ph/the-anti-photo-and-video-voyeurism-act-of-
2009-a-primer/

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report
 What CONSENT is the keyword in this law. Mere consent to the taking of
video or image does not amount to consent to its publication.
to
Consider The law provides that a written consent is needed which specifically
states that the individual is allowing the reproduction, distribution, or
broadcasting of said material.

RA 9995 Anti Voyeurism Act of 2009 ● Right to Privacy ● Human Rights Report