F. Anti-Photo and Video Voyeurism Act of 2009

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“Broadcast” – means to make public, by any means, a visual image with the intent that it be viewed by a person or persons. (Section 3[a], R.A. No. 9995, Anti-Photo and Video Voyeurism Act of 2009)

“Capture” with respect to an image – means to videotape, photograph, film, record by any means, or broadcast. (Section 3[b], Ibid.)

“Photo or video voyeurism” – means 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 latter’s 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 person’s. (Section 3[d], Ibid.)

“Under circumstances in which a person has a reasonable expectation of privacy” – means believe that he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances 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 3[f], Ibid.)

1. Prohibited acts

It is hereby prohibited and declared unlawful for any person:

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, 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;

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;

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; or

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. (Section 4, Ibid.)

Notwithstanding liability: The prohibition under paragraphs Nos. 2, 3, and 4 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. (Paragraph 2, Section 4, Ibid.)

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