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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. Heres a primer on this anti-voyeurism law. 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. Thats a very long definition. Please enumerate the specific acts prohibited and punished 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 to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, pubic 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. 2. 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. It is immaterial if consent to record or take photo or video coverage of the same was given by such person/s. 3. 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. It is immaterial if consent to record or take photo or video coverage of the same was given by such person/s. 4. 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. It is immaterial if consent to record or take photo or video coverage of the same was given by such person/s. The first act speaks of circumstances in which a person has a reasonable expectation of privacy, what does this mean? It means circumstances in which a reasonable person would believe that:

1.

he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or

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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. What do you mean by private area of a person? It means the naked or undergarment clad genitals, pubic area, buttocks or female breast of an individual. If theres an undergarment (e.g., brief or panty) covering the private parts, is this still covered by the law? Yes. Based on the definition above, the genitals, pubic area, buttocks or female breast of an individual may be naked or clad with undergarment. What is the meaning of capture? With respect to an image, it means to videotape, photograph, film, record by any means, or broadcast. What if the other person was aware of and consented to the taking of the photograph? Even if there was consent to the taking of the photo, if there is no consent to the sharing or exhibition, then the offending party would still be liable. What do you mean by broadcast? Broadcast means to make public, by any means, a visual image with the intent that it be viewed by a person or persons. What if the photo shows the breasts of a man, is this covered by the law? No. The law only covers female breasts. If the photo shows only the side of a female breast, without the nipple, is this still covered by the law? Yes. The term female breast includes any portion of the female breast. What is the penalty for committing any of the prohibited acts? The court has the discretion to impose:

1. 2.

Imprisonment of not less that three (3) years but not more than seven (7) years, or A fine of not less than P100,000 but not more than P500,000, or

3.

Both. Are these materials admissible in evidence? As a general rule, no. The record, photo or video, or copy thereof, obtained or secured by any person in violation of this law shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation. However, any peace officer may secure an 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. The 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.

CONCERNS: HARD TO PROVE

JURISPRIDENCE:
Section 4.d prohibits anyone from showing or exhibiting the photo or video coverage or recordings of (sexual acts) or any similar activity through VCD/DVD, Internet, cellular phones, and other similar means or device. These prohibitions apply even if there is consent from the persons in the video. Curiously, the bill does not prohibit individuals from taking videos of themselves while having sex as long as it remains private (see Section 3.d and 4.a and b). (This particular video was taken by Ramgen using a handheldcamera.) Technically, the mere uploading of this one-minute sex clip in websites is punishable by law. Street vendors who will sell this video can also be held liable. Violating RA 9995 carries a maximum penalty of 7-year imprisonment and a fine of P500, 000. Any media outlet that airs this clip or publishes screen shots from the video can have their license to operate or franchise revoked. The law sounds strict, but it is almost impossible to implement thoroughly. Using the Ram Revilla-Janelle Manahan sex video, here are some questions I have in mind: 1. Where did this video come from (i.e. Rams laptop)? Who copied it from that source?

2. Who uploaded it to the Internet? 3. Who are those who reposted/re-uploaded the video in other websites? Pinpointing the persons behind the aforementioned acts is a near-impossible task for our authorities. First, the Revilla clan seems not to be cooperative even though they should feel violated because a murdered kin is involved in the video. Second, how are they going to find out the person who did the initial uploading of the video online? Third, how can they track the online users (all of them!) who reposted the video in other websites? If a concrete case can emerge from the proliferation of the Ram Revilla-Janelle Manahan sex video, then it can be the first real test of the strength and worthiness of the Philippine Anti-Photo and Video Voyeurism Act.

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