- July 19, 2010
- Posted by: Atty. James Biron
- Categories: Human Rights, Political
The Anti-Photo and Video Voyeurism Act of 2009 was passed as a solution to prevent the proliferation of scandals the most notable of which is the the one which involved Dr. Hayden Kho, Dr. Maricar Reyes as well as actress Katrina Halili. The law itself provides that its main objective is to penalize acts that will destroy the honor, integrity and dignity of a person.
If you find yourself being a victim of perverts who took a photo or video of your private part or your intercourse, make sure to read the provision of this law because this will be your main weapon against these scums of the society. The provisions of the Anti-Photo and Video Voyeurism Act of 2009 are simplified below so that it may be easily understood, thus:
What acts are prohibited under the Anti-Photo and Video Voyeurism Act of 2009?
1. To:
- take photo or video coverage of a person or group of persons performing sexual act or any similar activity or
- an image of the private area of a person/s such as the naked or the undergarment clad genitals, pubic area, buttocks, or female breasts
when
- without the consent of person/s involved and
- under circumstances in which the person/s has/have reasonable expectation of privacy
2. To:
- copy or reproduce, or
- cause to be copied or reproduced,
such photo or video or recording of sexual act, whether it be:
- the original copy or
- reproduction thereof
3. To:
- sell or distribute, or
- cause to be copied or reproduced,
such photo or video or recording of sexual act, whether it be:
- the original copy or
- reproduction thereof
4. To:
- publish or broadcast, or
- cause to be published or broadcast
whether in:
– print, or
– broadcast media
- show or exhibit
the photo or video coverage or recordings of such sexual act or any similar activity
through:
– VCD/DVD
– Internet
– Cellular phones
– Other similar means and devices
Will a person be held liable in case the victim gave his/her consent to record or take photo or video coverage?
The prohibitions shall apply notwithstanding that consent to record or take photo or video coverage was given.
What are the penalties for violation of the Anti-Photo and Video Voyeurism Act of 2009?
At the discretion of the Court, it may impose upon any person found violating the said law the following penalties:
If the offender is a natural person
- imprisonment of not less than three (3) years but not more than seven (7) years, and
- a fine of not less than Php100,000.00 but not more than Php500,000.00, or
- both imprisonment and fine
If the offender is a juridical person:
- it’s license or franchise shall be automatically deemed revoked, and
- the persons liable shall be the officers, including:
If the offender is a public officer or employee or a professional:
- he/shall shall be administratively liable
If the offender is an alien:
- he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines
What are the exemptions to this law?
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
Provided the following conditions are met;
- the written order shall only be 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
- the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such crime
this is a good development, James
hi Ruth! thanks for dropping by! I will pray for you so that you will top the Bar! =)
hi, i would like to know, if what are the exemptions,like for example,if the suspect is mentaly retarded, immature, what other elese that could make the suspect not go to jail or pay the fine? thank you .
Alexis, please see my comments in the forum.
sir would u make mind to make a swot analysis for this ra?pls?
MJ, yes I do mind. Work on your own homework, don’t rely on other people to provide you with answers for your homework.
panero, what is the territorial jurisdiction of this law? where do you file this case if the suspect used email to reproduce and spread the nude pictures of the victim?
Atty. Allan, the law is silent regarding the territorial jurisdiction unlike in Art. 360 of the RPC which is very clear in stating the rule regarding the territorial jurisdiction.
In this case, we will apply the basic rule that in criminal actions, the place where the criminal offense was committed determines the venue.
Thus if the offender used his computer in Quezon City to spread the pictures, you have to file the complaint in QC, but if he used a computer in an internet cafe in Makati City, you have to file it in Makati because that is where the offense was committed.
thanks for the info..
i like this law!!
atty. is kissing considered as sexual act under this law? if not, in what way it can be considered as such? thanks
Jhony, please post your question at the forum section of this website. I will answer your question once I see it there.
jhony martin alba, may I try to answer your question like a person with common sense?
Kissing between two lips is never sexual in itself, only the end-purpose of the kissing two lips can really determine the sexuality of such. Ergo, if kissing is used to stimulate sexually, then it’s sexual. But I doubt this will ever be included in that Anti-Photo Law.
On the other hand, together with licking, sucking, and poking… kissing is part of felatio (blow job) and cunnilingus (p*s*y lick).
In this case, it’s definitely sexual — unless you’re an animal cleaning up your loved one.
atty. is kissing considered as sexual act under this law? if not, in what way it can be considered as such? thanks
i want to know if there has criminal liability for death of a person you attack but died due to lightnings?
thank you
I’m no lawyer, but the way I see it no way can that person be convicted of first-degree murder. First-degree murder is planning to kill and successfully doing so. The idiot here failed to do so. Apparently God was the first-degree murderer here. The most the idiot can get is second-degree murder or common law murder which is non-intentional or murders that you planned but failed to finish.
What if the suspect actually captures the images or videos is overseas and the subject is a phil citizen in Phil, how will this law work?
I think this is a hastily made law because if you will execute or implement this law maybe all citizens of the Phils will be charge with this because of the ff provisions:
2. To:
copy or reproduce, or
cause to be copied or reproduced,
such photo or video or recording of sexual act, whether it be:
the original copy or
reproduction thereof
show or exhibit
the photo or video coverage or recordings of such sexual act or any similar activity
through:
– VCD/DVD
– Internet
– Cellular phones
– Other similar means and devices
EVERYONE KNOWS THAT EVEN MEDIA HAS A COPY OF ALL THOSE SCANDALS THATS WHY THEY KNEW ABOUT IT AND THEY HAVE SHOWN IT TO THEIR FRIENDS, EMPLOYEES AND OTHERS
AND THE ONLY EXEMPTION IS PEACE OFFICER WITH CONDITION.
SO ITS USELESS BECAUSE IT WILL CREATE UNFAIRNESS TO THOSE PEOPLE WHO WILL BE TRAPPED OR BE SUBJECTED INTO PROSECUTION FOR VIOLATION OF THIS LAW.
THE REASON IS IN THE EYES OF THE OFFENDER HE IS NOT THE ONLY ONE VIOLATING IT. HE WAS JUST SINGLED OUT FROM SO MANY OTHER VIOLATORS.
NOW IS THERE JUSTICE ON THIS ONE.
Sir, suppose a husband inadvertently discovered a video of his wife having sexual intercourse with another man and that video was taken by no other than the wife herself, can the husband use that video in court as evidence in an adultery case against his wife? On the other hand, can the wife seek protection under this law? Thank you.
A person who recorded a video or took a photograph of another who gave consent will not be liable. It is in the distribution of such video or photo that consent becomes irrelevant. Please correct your Q&A on consent since it is misleading.
Also, assuming your interpretation to be correct, it would make photographers (professional or amateurs) who take photos or videos of women or men in undergarments or in the nude for a magazine, advertisement, etc, liable under this law since, according to you, consent is not necessary and the prohibitions will apply regardless. *scratches head*
Johnny, I would have answered you in a nice way but your arrogance and ignorance is appalling. Did you even go to law school to think you are smarter than a lawyer on legal matters?
Johnny, I would have answered you in a nice way but your arrogance and ignorance is appalling. Did you even go to law school to think you are smarter than a lawyer on legal matters?
Hi atty! What if the nude photos were sent through pm from a person’s fb account but claims that it was not him/her who did it? Then accused somebody of doing it? What happened to the “password” thing?
Hi Cris, please check your email for my response
Hello po Atty. What if the photos of this boy and girl wearing only underwear was posted in fb, but not totally PUBLIC, only tagged to 25 people. The photos were tagged by the daugther(of legal age&professional) of the boy. The girl in the pictures taken years ago. The girl in the pictures happened to be the mistress.
Could the mistress sue the daughter of the boy for posting those pictures?
Thanks po Atty.
Hello Jane, please check your email.
Atty, can i ask a question? Ano po pwede ikaso sa taong naglagay ng camera sa C.R? Camera lang nakita ko diko po alam kong gumagana. Thankyou for response.
Hi, I would like to know if what are the exemptions,or shall I say somebody use a minor aged to post my picture without me knowing it,one of my private picture…
Thank you..
Maryjune, please check your email
Good Day Atty. James, we’re currently doing a legal research about this law. The approach that we’re doing is more of tracing the historical development of R.A. 9995 and one of our statement of the problems is about the laws applied governing cases of photo and video voyeurism. Some of the laws that we found which were applied in such cases are Article 201 of the RPC and R.A. 9262. Do you know other cases of photo and video voyeurism (before the passage of R.A. 9995) in which other existing laws were applied? Thank you
Btw, in some cases of photo and video voyeurism, the offender only filed an administrative case against the offender. Can the rules applied in such cases be considered as laws governing photo and video voyeurism before the passage of R.A. 9995? And do we have anti-voyeurism or anti-boso law here in the Philippines other than R.A. 9995 or cyber-boso?
Carlo, are you a law student?
No. I’m only a BA student major in Legal Mangement
Cool! Also check the provision on unjust vexation – Art. 287 paragraph 2 of the Revised Penal Code. Hope this helps! 🙂
thank you Atty. James
You’re welcome, Carlo!
Sir, I have a friend that saw a video of his manager, who is married to a common friend, having sex with a younger girl. And copied it to show it to the wife. What will happen to my friend?
Reggie, please ask your friend to visit my office for proper legal consultation.
Good day Atty. My female friend is being threatened by her ex-gf about leaking her intimate photos back when they’re still together. There are no photos leaked yet but there is a constant and strong threat of putting it up on the internet. Is she covered by this law? and what else can she do to prevent this? Hoping for a reply. thank you!
P.S.
My friend is already staying in Qatar at the moment.
Good day, Zoe. I sent you an email, please check.
Atty. may itatanong lng po sana. Pano po ba kpag meron ng sex video na kumakalat tapos nag trending, ginawan po agad ng article pro wla nmang mga hubad na larawan na eninvolve ung gumawa ng article .. Pano po ba yan atty. ? thank you po!
Ano ba ang naka sulat sa article?
Footage of an alleged sex video scandal of students from (Universitie’s name) has emerged and is making the rounds online.
A tipster told TheViralpedia.com that the students named (“———” and “————” )were both to attend the same university and is now on third year in Bachelor of Science in Tourism management.
The clip is said to be recorded through a smartphone device using a popular app called KineMaster, the clip runs over 13 minutes long.
A quick look at the video reveals that the couple was engaged in several evocative positions and merely intended to record the video as they would peek a glimpse at the camera while doing such intimate acts.
Both of them appeared to already deactivate their social media accounts.
This controversy is no new to the said university since a video with the same subject has emerged not so long ago.
How (———- and ——— )Sex Scandal Video Leaked online still remains clueless, it is either their device used to record the scene stolen or someone who had grinds in gears to them.
6 months ago na po ung issue atty. pro ngayon lang po nag file ng complaint. My magagawa po ba pra dyan? Thanks! po.
Atty, can i ask a question? Ano po pwede ikaso sa taong naglagay ng camera sa C.R? Camera lang nakita ko diko po alam kong gumagana. Thankyou for response.
Ghail, pwede mo kasuhan under R.A.9995
Wala pong video, wala ding power. Ang dahilan niya props lang daw po. Wala akong nakuhang video o picture na gumagana.
Atty. Pinaka camera lang po ang nakita, Wala siyang connections hindi gumagana, ano po laban ko duon?
Atty. Naglagay siya ng camera sa C.r ! Wala naman po photo or video na kumalat wala din po ako idea kung gumagana. May laban po ba ako duon?
Hi Atty. in the case of lawful warrantless arrest for violation of R.A. 9995, and confiscated in the suspect’s possesion is the evidence that the suspect’s used to record the video and the video itself. Under section 6, is the police officer need an order from court to use it as evidence during inquest proceedings?
We understand that applying for court order takes days to be approved and the police officer has only limited hours for them to bring the suspect to inquest prosecutor.
Good day Atty. I have a question re: Anti-Photo and Video Voyeurism Act of 2009 (RA 9995). What if the person overseas is the one threatening to post or share her nude pictures. Can the Filipina living here in the Philippines file a case or complaint? Thank you.
Rose, please check your email
Hi. How do I file a case regarding this bill?
Hi Erika, please check your inbox
Atty. I have been personally experiencing this kind of things now. I want some advice. Please do respond. ThANKS
Hi AIK, email sent
Atty. I have been personally experiencing this kind of things now. I want some advice. Please do respond. ThANKS
Hi AIK, email sent
What if the offender is a minor? Say, 17 years old and the sexual act she recorded was done in a public place and her purpose of taking the video and posting it online is to shame the person?
Hi Atty. just want to know if someone took a video without permission to the person being filmed having sex infront of many people tapos may damit sila pantaas and clearly not visible or showed ang private parts nila would it be punishable under this law?
Sir wat if po ung boyriend lang meron may vid sa phone. Then naiwala ung phone may record and evidences na nawala. Then nagkalat ung video after a month. Pinilit ung girl magcomplain ng pamilya nya. Lumalabas din po na parang ung kaibigan na pinagkakatiwalan nakopya ng d nya alam tas ipinakalat. Mabibilanggo ba ung bf? May pyansa po ba? Ganu katagal makukulong po?
Hi. How do I file a case regarding this bill?
recently na ngyari sakin ito sa company namen naliligo ako then may cp ako nkita na nag vivideo behind me.
di ko nkita kung sino ang nag video then pina check namen sa cctv may suspect na kame wla din kameng evidence kasi hindi namen nkuha ang cp nkg preventive suspension na ngayon ang suspect.
Chorva, please check your email
Hello Atty, my boyfriend is harrassing and threatening me to expose my nude photos and our sex videos. I am in Qatar, and he is in tne philippi es. I saved all his messages threatening me even sending me samples of the pictures he will expose. Even threatened me to call my family in Ph, my boss here and colleagues, this is because I do not want to continue our relationship bec of hos dangerous behavior. He threatens to kill me and damage my reputation. I am depressed, bothered and psychologically abused. Please help me
Hi Cassandra, please check your email for my response
Dear atty,
Is this Republic Act No. 9995 only pertains to sexual act, private parts of a person? What if they took your pictures without consent and no sexual act or nudity done, is this also covers under this law? Thanks
Dear Rene, please check your inbox for my reply
Hi Atty. I have the same issue as Chorva, I would unjust vexation will apply or RA 9995 and how do I file a case regarding this bill? Do I have a strong case?
recently na ngyari sakin ito sa company namen naliligo ako then may cp ako nkita na nag vivideo behind me.
di ko nkita kung sino ang nag video then pina check namen sa cctv may suspect na kame wla din kameng evidence kasi hindi namen nkuha ang cp nkg preventive suspension na ngayon ang suspect.
on my part I saw a camera pointing at me and I saw his sandals below the cubicle and It was seen in the CCTV that guy is wearing those sandals and he is the only other person in the bathroom at the time of incident though no video or photo was retrieved.
Hopefully you can let me know the answer too.
Hi Carly, please check your inbox for my email
Hi Atty!
suppose the wife who left conjugal house for 2 years and when she returned because she wants to get most of the things in the house without the husband knowing it. The wife also brought with her personal belongings of the husband including laptop/ hard drive and phone.She then discovered a video of her husband having sexual intercourse with another woman and that video was taken by no other than the husband himself, can the wife use that video in court as evidence in a concubinage case against her husband? On the other hand, can the husband seek protection under this law? Thank you
Sir I have a question if the video or picture of such sexual act is pass only on private message on messenger can it be a fall on broadcasting?
Hi atty,
Ask ko sana ano pwede gawin may video kasi ako na pinapakalat ng kapitbahay ko dito sa subd. Di ko pa po nakikita yung video pero naririnig ko sa mga usap usapan nila. At tuwing lumalabas ako kung ano anong mga pangalan tinatawag sakin. Halos araw araw din nila ako pinaguusapan. Minsan din may nakasalubong ako ang sabi sa kasama nya ito yung may video sabay ngisi sila. Ano po pwede ko gawin kasi sobrang stress na po ako nahihiya na po ako lumabas.
Hello Atty. what if there is a couple doing sexual things on webcam privately kasi they’re on a long distance relationship. Pero may consent naman po ang bawat isa sa kanila na magpakita ng nudity. naviolate po ba nila ang RA 9995?
Thank you for your response Atty.
Good day attorney!
I would like to seek your help if a minor be liable for distribution of such copies?for example the victim is a student and the accused is also a student who is also a minor. What case can be filed? How long the case will be? And around how much will it cost to file a case like this?
Hi atty. My friend got caught having sex with his gf in a public restroom (male) the one who caught them recorded them having sex (exposing the girl’s private parts) before telling them to go to their head office for questoning btw the one who caught them is a male and he is not a security guard or police he is just an employee there and also that guy allegedly shared that photo to his co workers can my friends sue that guy
Naawa lang ako natrauma po ung friend ko e
attorney can i have you contact details gusto ko sana paconsult
Who may file Jurisdiction this article no. 99950
What does the law not cover? limitations?
Question po Back in 2006 a friend of mine had a long distance relationship with a girl in the philippines. My friend requested if she can send nude pics of her and videos in which she agreed. She sent him photos of her and videos that she is naked thru his email. Now the relationship ended the following year and he told me that he saved some pics of her inluding video in a cd at tnago na lang nya.He said he saved it dahil baka raw ma hack ang computer niya. Fast forward 2016 he went back dito sa philippines to live here permanently, however hindi nya nadala yung cd and left it in his old apt. Now since na it was unplanned that he will reside here his old apt was gone, nilinis daw and he assumed na tinapon na ang mgangamit niya including that cd. The question is if that cd fell in the wrong hands and upload it, who will be charge? Sya ba ang madedemanda or the uploader? Since kasi natago na yun nawala na yun sa utak nya. So pwede ba sya mademanda kahit hindi sya ang uploader? Or will be the person who uploads it in the internet? Hopefully to hear from you sir thank you
Atty, yun kakasuhan sana ng ate ko ay sa abroad..so pwede po ba yun?? ex nya kasi yun and may copy ng sexual acts nila and pinadala sa email ng mga kakilala nila po..pero hinde nya rin inaamin kasi ibang email o fb account ginamit..kung baga Troll ang labas…Mahirap ba manalo sa ganyan po kng ang account ay ibang name o private message pnadala sa friend ng ate ko.Thank you
Can I file a case to person that took a photo of me and my boyfriend and forwarded to my ex husband to be used as evidence against me?but I don’t have a copy of the photo.
Hi Atty. James! Nangyari din po ito sakin recently. Please email me how should I start with the legal processes. Thank you.
Hi Atty. James! I want to file a case against two people po. Bale ang nangyari po kasi is I had sex with a guy and hindi ko alam na vinideo nya pala yung ginawa namin last 2016 pa po yun. Then ngayon, yung girlfriend nya, nakita yung video namin from last year. The girl posted screenshots of it all over her Twitter accounts. Aside from that, the girl also sent the videos to three persons that I know. Kinausap po ako nitong mag-jowa na ito at sinabi na dinelete na daw nila yung copy ng video and yung mga tweets nung babae sa Twitter dahil sinabi ko na kakasuhan ko sila. Gusto ko po talagang kasuhan silang dalawa (the guy for taking the video without my consent, and the girl na nagpakalat ng video). Possible po ba ito? Anong evidence po ang kailangan kong ipakita para ma-push ang kaso? And please let me know po how to start filing a case. First time ko po mag-seek ng help sa lawyer. Pati po sana estimate fees na magagastos kung sakali para makapag-ready po ako. If you need additional details, please email me back po. Thank you po.
Atty. James good day. I have a question regarding RA 9995 whether or not the rules of this RA can be applied to a individual who is asking for a copy of a nude video but in response did not receive the video. For example in a facebook scenario wherein there is a trending video regarding a video scandal and everyone is publishing the said video, then asked if someone needs a copy you should pm to get it. So the person write a personal message to the person who had the video but the one who asked for it did not receive the video itself. Is he still liable for such crime?
Hoping for your response Sir.
Sir I am asking your legal opinion po if the instant set of facts falls under R.A. 9995. Nakita po ng kaibigan ko sa messenger ng asawa niya ang mga nude photos na sinend ng kabit niya. Ngayon po yung kaibigan ko iniscreen shoot niya yung mga nude potos at sinend through messenger yung mga photos sa kabit ng may pagbabanta po… Tanong ko po ung messenger ba ay within the ambit of the aforementioned law… thanks po
Good day, Atty Biron ! I hope all is well with you . What if the offender is a minor ? Will he be penalized as what is stated in Section 5? If not, can he be detained in the Juvenile Detention Center? We, readers, appreciate your advise .Thank you very much .
Hi Kendall, I’ll send you an email. Please check your inbox.
Hello,Atty is a minor offender is punishable under Republic Act No. 9995?I appreciate your response.Many thanks
Good day atty! I have a few questions lang po. My friend had an ex way 2years ago and the girl sent him nude photos.
Fast forward, yung bagong bf nung ex nya constantly bullies him over the internet. And lately he (the current bf) knew that my friend had copies of the nude pics. And the bf wants to sue him now.
My friend admitted that he shown the pictures to one or two friends online but he didnt publicly posted it online or used it for blackmailing. He doesnt even harasses the girl. He just kept the pictures because the current bf harasses him online just because of the fact that my friend and his gf shared a past.
I’d like to ask what could be his defense on this case? And btw the girl lives abroad.
Thanks and more power,
Zeke.
Good day sir, what if you caught someone taking photo or video of your naked body without your consent, but wasn’t reproduced and deleted instantly. What will that person could have violated? Thank you.
Same question as Rene sir, what if the photo was with clothes and in a public place but emphasized on the private parts?
committed sya ng R.A.No.9995.nakulong ng 4days.now laya na.ano po pwede nilang ginawa at nakalya ang akusado?
Hi I would like to consult recthis RA 9995. Pls contact me Thursday my email. I wanted to file a lawsuit