Around the Anti-Photo and Video Voyeurism Law

You’ve probably heard about stories of nude photos posted, to the subject’s horror, in facebook and other social networking sites. There’s a recent report on a student’s facebook scandal and how it’s a test case under “Anti-Photo and Video Voyeurism Act of 2009“ (Republic Act No. 9995).

Incidentally, we have just posted a primer on this law (read here). There are four general classifications of acts that are prohibited (let’s omit the other provisions):

  1. Taking photo or video coverage of sexual act, or capturing an image of a person’s private area (genitals, pubic area, buttocks or female breast).
  2. Copying or reproduction of the photo or video of sexual act.
  3. Selling or distribution of the photo or video of sexual act.
  4. Publishing, broadcasting, showing or exhibiting the photo or video of sexual act.

It’s immediately clear that all four refer to sexual act or similar activity, but only the first covers taking pictures of private areas.

Let’s say the accused did not take the photo (or there’s no proof that he took the photo) of a private part (not a sexual act), although there’s proof that he’s the one who uploaded the photos. For instance, a girl took a photo of her private parts using her phone. The boyfriend saw the photo and sent it by MMS to his cellphone. When they broke up, the (ex) boyfriend uploaded the photos in a social networking site. It would appear that the boyfriend would not be liable under the the anti-voyeurism law. Moral of the story?

13 comments

  1. The boyfriend is still liable because he was not given consent to post it in networking site. And actually, at the very first act, he was not given consent to send it into his own cellphone.

  2. The boyfriend is still liable because he was not given consent to post it in networking site. In fact, at the very first act, he was not given consent to send it into his own cellphone.

    1. I received a screenshot in my inbox of my friend’s intimate conversation with her boyfriend that includes a nude pic of her. my friend told me that the guy emailed her about his plans of spreading it through PM so he cannot be held liable. would that be the case then?

  3. so the boyfriend posted the video of her ex on facebook or whatever, it spread all over the internet in a few hours, now some bloggers decides to put it on their blogs, since this video is trending ang every blogger wants a piece of the niche, will these bloggers be liable for this law including all the facebook friends that reposted the video and their friends that reposted it again, up to many degree of repost is anyone liable?

  4. This law did not consider the situation when a husband accidentally discovered the video of his wife having sex with his paramour who recorded their own sexual act. The wife will now have a ground to object to the presentation of the video in evidence. All that the husband can do is to just repeatedly view the pornographic video together with their children until the immorality of their own mother is inculcated on the children’s minds so that hatred will be passed on from generation to generation.

  5. If pics/videos were taken while a couple was in the US, they broke up and one of them goes back to the Philippines then uploads it. Is there a violation?
    What jurisdication and laws will apply?

  6. yes there is. the mere possesion of video and act uploading it makes him liable regardless of the place where it was taken

  7. What if d stranged husband took video of intimate moments qithout the knowledge of his wife and now he is black mailing the wife that he would spread d video if she won’t gave bk the money that the guy gave her and send the video on the wifes email. Can she file a criminal case

  8. What if I was sent pictures of someone doing the sexual act? Will I be liable?
    Or what if I know of someone who has pictures and asked him to send them to me thru my cellphone, will I be liable?

  9. i was reading this article and it’s suits for me. i filed a case to someone which is vawc RA9262 and i have a permanent protection order but he keep on bullying me on social site like facebook. he posted my naked pictures and private parts of my body.i took it and printed it to make as my evidences.But what is my problem now is they want a direct persons that’s lead to the persons cause what he did was he make another account in facebook and name was not by him it was a girl and keep on deactivated it. what he did was he was spreading it to some of my friends even my relatives and distance relatives.is their possible ways to file this law anti-voyeurism?please help me.

  10. Ms Nicole, what is the status of ur case for nw?
    Has there been any development or means in getting the person bullying you?

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