Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila Fourteenth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine. Republic Act No !!!" AN ACT #EFINING AN# PENALI$ING THE CRI%E OF PHOTO AN# &I#EO &O'E(RIS%) PRESCRI*ING PENALTIES THEREFOR) AN# FOR OTHER P(RPOSES Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: Section + Short Title. - This Act shall be nown as the "Anti-Photo and Video Voyeurism Act of 2009". Section , Declaration of Policy. - The !tate values the dignity and privacy of every hu"an person and guarantees full respect for hu"an rights. Toward this end, the !tate shall penali#e acts that would destroy the honor, dignity and integrity of a person. Section - Definition of Terms. - $or purposes of this Act, the ter"% &a' (Broadcast( "eans to "a e public, by any "eans, a visual i"age with the intent that it be viewed by a person or persons. &b' ()apture( with respect to an i"age, "eans to videotape, photograph, fil", record by any "eans, or broadcast. &c' ($e"ale breast( "eans any portion of the fe"ale breast. &d' (Photo or video voyeuris"( "eans the act of ta ing photo or video coverage of a person or group of persons perfor"ing se*ual act or any si"ilar activity or of capturing an i"age of the private area of a person or persons without the latter+s consent, under circu"stances in which such person,s has,have a reasonable e*pectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or e*hibiting the photo or video coverage or recordings of such se*ual act or si"ilar activity through -).,.-., internet, cellular phones and si"ilar "eans or device without the written consent of the person,s involved, notwithstanding that consent to record or ta e photo or video coverage of sa"e was given by such person+s. &e' (Private area of a person( "eans the na ed or undergar"ent clad genitals, public area, buttoc s or fe"ale breast of an individual.

&f' (/nder circu"stances in which a person has a reasonable e*pectation of privacy( "eans believe that he,she could disrobe in privacy, without being concerned that an i"age or a private area of the person was being captured0 or circu"stances 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. Section . Prohibited cts. - 1t is hereby prohibited and declared unlawful for any person% &a' To ta e photo or video coverage of a person or group of persons perfor"ing se*ual act or any si"ilar activity or to capture an i"age of the private area of a person,s such as the na ed or undergar"ent clad genitals, public area, buttoc s or fe"ale breast without the consent of the person,s involved and under circu"stances in which the person,s has,have a reasonable e*pectation of privacy0 &b' To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of se*ual act or any si"ilar activity with or without consideration0 &c' To sell or distribute, or cause to be sold or distributed, such photo or video or recording of se*ual act, whether it be the original copy or reproduction thereof0 or &d' To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast "edia, or show or e*hibit the photo or video coverage or recordings of such se*ual act or any si"ilar activity through -).,.-., internet, cellular phones and other si"ilar "eans or device. The prohibition under paragraphs &b', &c' and &d' shall apply notwithstanding that consent to record or ta e photo or video coverage of the sa"e was given by such person,s. Any person who violates this provision shall be liable for photo or video voyeuris" as defined herein. Section " Penalties. - The penalty of i"prison"ent of not less that three &2' years but not "ore than seven &3' years and a fine of not less than 4ne hundred thousand pesos &P566,666.66' but not "ore than $ive hundred thousand pesos &P766,666.66', or both, at the discretion of the court shall be i"posed upon any person found guilty of violating !ection 8 of this Act. 1f the violator is a 9uridical person, its license or franchise shall be auto"atically be dee"ed revo ed and the persons liable shall be the officers thereof including the editor and reporter in the case of print "edia, and the station "anager, editor and broadcaster in the case of a broadcast "edia. 1f the offender is a public officer or e"ployee, or a professional, he,she shall be ad"inistratively liable. 1f the offender is an alien, he,she shall be sub9ect to deportation proceedings after serving his,her sentence and pay"ent of fines. Section / !"emption. - :othing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authori#ed by a written order of the court, to use the record or any copy thereof as evidence in any civil, cri"inal investigation or trial of the cri"e of photo or video voyeuris"% Provided, That such written order shall only be issued or granted upon written application and the e*a"ination under oath or affir"ation of the

applicant and the witnesses he,she "ay produce, and upon showing that there are reasonable grounds to believe that photo or video voyeuris" has been co""itted or is about to be co""itted, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such, cri"e. Section 0 #nadmissibility of !vidence. - Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding sections shall not be ad"issible in evidence in any 9udicial, ;uasi-9udicial, legislative or ad"inistrative hearing or investigation.
$avvphi$

Section 1 Separability Clause. - 1f any provision or part hereof is held invalid or unconstitutional, the re"aining provisions not affected thereby shall re"ain valid and subsisting. Section ! Repealing Clause. - Any law, presidential decree or issuance, e*ecutive order, letter of instruction , ad"inistrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, "odified or a"ended accordingly. Section +2 !ffectivity Clause. - This Act shall ta e effect fifteen &57' days after its co"plete publication in the 4fficial <a#ette or in two&=' newspapers of general circulation. Approved

&!gd.' PROSPERO C NOGRALES !pea er of the >ouse of Representatives

&!gd.' 3(AN PONCE ENRILE President of the !enate

This Act which is a consolidation of !enate Bill :o. =273 and >ouse Bill :o. ?735 was finally passed by the !enate and the >ouse of Representatives on .ece"ber 5, =66@ and :ove"ber 5A, =66@, respectively.

&!gd.' %ARIL'N * *AR(A4'AP !ecretary <eneral >ouse of Represenatives

&!gd.' E%%A LIRIO4RE'ES !ecretary of !enate

Approved% FE* +") ,2+2 &!gd.' GLORIA %ACAPAGAL4ARRO'O President of the Philippines