25/01/2026
LEGAL EXPLAINER | RA 9995 (Anti-Photo and Video Voyeurism Act of 2009)
The crime of photo and video voyeurism may be committed in four ways:
1. By taking a photo or video coverage without consent, under circumstances where the victim has a reasonable expectation of privacy ("reasonable expectation of privacy" means the person believes that he or she could undress in privacy, without being concerned that a photo or video of said person would be captured)
Here, the crime is committed when a person:
-takes a photo or video of a person performing a s*xual act or any similar activity
-or captures an image of private areas (ge****ls, p***c area, buttocks, female breast).
In the picture below (hidden camera in a boarding house CR), the crime is already committed the moment the camera records, even if no one watches the footage.
2. By copying or reproducing such photo or video or recording of a s*xual act or any similar activity
Even if the offender did not originally take the photo or video, liability arises if he or she:
-copies
-downloads
-screenshots
-saves
-or reproduces the photo or video.
Even private duplication (e.g., saving a copy on another device) is punishable.
This mode punishes the mere copying or reproducing, whether for profit or for free.
3. By selling or distributing (with or witout consideration) such photo or video or recording of a s*xual act or any similar activity
This mode punishes the circulation or distribution of the photo or video (e.g., sending to friends, group chats). Distribution includes sharing via Messenger, Telegram, email, passing USBs or storage devices.
4. By publishing or broadcasting such photo or video or recording of a s*xual act or any similar activity
This is the widest and most public form of the offense. The crime is committed by publishing in:
-print
-broadcasting on TV or radio
-uploading online (social media, p**n sites)
-exhibiting or showing through any digital or electronic means.
This provision is why news outlets must blur faces and avoid showing prohibited content, even if βnewsworthy.β
Very important:
1. The victim can be a man or a woman, which means the offender can be a man or a woman.
2. Consent to record does NOT mean consent to copy, reproduce, sell, distribute, publish, or broadcast. This means that even if the person consented to the taking of the photo or recording of the video but not to the:
-copying
-reproduction
-sale
-distribution
-publication
-or broadcast of the photo or video, the law is still violated.
Penalty:
-imprisonment of 3 to 7 years
-or a fine of 100K to 500K
-or both such imprisonment and fine at the discretion of the court
Ctto