03 Mar The Anti-Photo and Video Voyeurism Act of 2009: A Primer
The highly publicized sex videos of celebrity physician Hayden Kho with various celebrity partners rocked Philippine society in May 2009 and was quickly shared online and later distributed through DVD in the streets and sidewalks. In response to this, Congress passed Republic Act 9995 (Anti-Photo and Video Voyeurism Act of 2009) to prevent the publication and distribution of similar material in the future. The law prohibits recording videos or taking photos of a sexual act, the male or female genitalia, and of the female breast, among others, without consent of the persons featured in the material. The law ultimately seeks to prevent the reproduction, distribution, and publication of said material regardless of whether or not the persons featured consented to the recording.
The Anti-Photo and Video Voyeurism Act prohibits the following acts:
- The unconsented taking of a photo or video of a person or group of persons engaged in a sexual act or any similar activity, or capturing an image of the private area of a person, under circumstances in which the said person has a reasonable expectation of privacy;
- The copying or reproduction of such photo or video recording of the sexual act;
- The selling or distribution of such photo or video recording;
- The publication or broadcasting, whether in print or broadcast media, or the showing of such sexual act or any similar activity through VCD/DVD, the internet, cellular phones, and other similar means or devices without the written consent of the persons featured.
Prohibitions numbered 2, 3, and 4 will still apply even if the person or persons featured in the photo or video consented to the taking of the photo or recording of the sexual act.
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