Republic of the Philippines

Saint Louis University

School of Law

Republic Act No. 9995

ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009

Human Rights Law

Prepared by:
Jose Fernando B. Masarate

Professor:
Atty. Hilario Justino F. Morales
 Introduction

Theres an alarming rise in reported complaints of nude photos,

mostly of women, being posted without the consent of the subjects in social
networking sites such as facebook. Theres also a proliferation of sex
scandals and sex videos. One of the usual complaints filed against the
offenders is under Republic Act No. 9995, also known as the Anti-Photo
and Video Voyeurism Act of 2009.

Discussion

What is the definition of photo or video voyeurism?

It is 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
persons.

Salient Features of R.A. 9995

Section 2. Declaration of Policy. - The State values the dignity and privacy
of every human person and guarantees full respect for human rights.
Toward this end, the State shall penalize acts that would destroy the honor,
dignity and integrity of a person.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful

for any person:

(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.

Section 6. 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.

Commentary

A reading of the law clearly implies that either persons of the opposite
sex could be victims. In this particular type of offense consent of the subject
involved in the photo or video could be a valid defense. This is
unmistakably the implication, since the taking of photo or video should be
without the consent of the subject who has a reasonable expectation of
privacy. In other words if there is consent from the subject of the photo
taking or video recording, then the subject consented to give up whatever
privacy, decency, or modesty he or she may at least have. Notice that mere
taking of photo or video recording or filming without the subjects consent is
already an offense. How to prove the defense of consent is another
question.

Another interesting question that might arise is if it is possible for the

defendant to be charged of all four separate offenses defined under this
law if he committed all four types of offenses, from the photographing and
filming, to copying, then selling, and publishing or exhibiting. Are these
separate violations, or are they to be complexed to the benefit of the
accused?
 Finally the law becomes more relevant especially in todays social
media age where the act of sextortion or the blackmail of persons
recorded performing sexual acts are being spread by internet syndicates. In
these cases, persons, mostly men are enticed by women who perform
sexual acts in live video, and in return, they ask these men to also perform
the same acts but the latter are now being recorded without their
knowledge. These crimes can be committed and are actually being
committed anywhere in the world, not just the Philippines. This topic has
become an issue in international law concerning a persons right to his
privacy.

With all that said, it is in my opinion that the law should include
punishment for violations that happen outside our territorial jurisdiction.
This issue should be addressed by international treaties on human rights
despite the obstacles regarding online anonymity of violators.

Works Cited

Some Thoughts On The Anti-Photo And Video Voyeurism Law. (2011, April
12). Retrieved from The Keeper of Spring Blog:
http://thekeeperofspring.blogspot.com/2011/04/some-thoughts-on-
anti-photo-and-video.html

Atty. Pamaos, F. (2011, March 3). PRIMER ON THE ANTI-PHOTO AND

VIDEO VOYEURISM ACT OF 2009 (RA 9995). Retrieved from
Philippine e-Legal Forum: https://jlp-law.com/blog/primer-on-the-anti-
photo-and-video-voyeurism-act-of-2009-ra-9995/