To all Hayden Kho wannabes and fans, Republic Act No. 9995, otherwise known as the “Anti-Photo and Video Voyeurism Act of 2009” was signed into law on 15 February 2010.
Under the new law, a person is 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 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, notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s;
(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, notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s; 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, notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s.
Those found guilty of committing any of said prohibited acts will be penalized with imprisonment of not less than 3 years but not more than seven 7 years and a fine of not less than P100,000.00 but not more than P500,000.00, or both, at the court’s discretion.
If the violator is a juridical person, its license or franchise will be automatically deemed revoked and the persons liable will be the officers, including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast media. If the offender is a public officer or employee, or a professional, he/she will be administratively liable. If the offender is an alien, he/she will be subject to deportation proceedings after serving his/her sentence and payment of fines.
Any photo or video, or any copy of such photo or video, obtained in violation of the law, will not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.
A peace officer may use such photo or video or any copy of such photo or video as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism, but only when so authorized by a written order of the court. Such written order will be issued only 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.