Anti-Photo and Video Voyeurism Act of 2009: Explainer

“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 ...