Also known as cyberboso law

State as the guarantor of human rights

It is the duty of the state to guarantee the

continued enjoyment by the people of their
rights

As a guarantor, the State may be held

accountable when people are deprived of
their rights by its action or inaction
 However, no such guarantee exists on the
part of private entities and civilians

Inorder that human rights violations

committed by individuals who are not State
actors can be properly dealt with, it is
necessary that:
a. The State, through its lawmaking body,
must enact the appropriate laws to
criminalize the human rights violations;
and

b. The State, through its Judiciary, must

provide adequate judicial remedies.
 Main Author: Buhay Partylist
Rep. Irwin Tieng
 The rampant and widespread proliferation of
sex scandals in our country

TheAnti-Photo and Video Voyeurism Act of

2009 was passed as a solution to prevent the
increase of scandals.

Most
notable is the one which involves Dr.
Hayden Kho and Katrina Halili et al.
 Right to Privacy as guaranteed in:

Article 12 of UDHR
Article III, Section 2 of the 1987 Constitution
Article III, Section 3 of the 1987 Constitution
 KatrinaHalilis recourse was only
administrative in nature

Halilifiled a complaint before the PRC.

There, she sought the revocation of Khos
license.

Shealso filed a malpractice suit in Philippine

Medical Association but it did not prosper
 Inits 44-page decision, the board declared
that:

"Dr. Kho Jr., violated the right of privacy of

Ms. Halili when he videotaped their most
intimate moments without the express
consent and knowledge of the
complainant...he was negligent and careless in
the custody and possession of the videotape...
the videos were then released to the public
and this constituted evidence in the invasion
of privacy of the complainant"
 However, there is a loophole/disadvantage in
this remedy

He can still ask the PRC to reconsider its

decision after two to three years

In 2014, he was again reinstated as a doctor

 Part of the document read:

"Wesee no cogent reason to further burden

petitioner with the remnants of a reckless
faux pas when his overall conduct shows a
manifestly repentant heart. While others
simply passively wait for the period
revocation to lapse, petitioner positively
and quickly acted to prove himself a
worthy medical doctor to this Board and
the Commission.
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.
1. Taking photo or video coverage of sexual act, or
capturing an image of a persons private area
(genitals, pubic area, buttocks or female breast etc.).
Without the consent of the person/s involved under
the circumstances in which the person/s has/have a
reasonable expectation of privacy

Note:
Mere taking of photo or video recording or filming
without the subjects consent is already an offense.
 Iftheres an undergarment (brief or panty) covering
the private parts, is this still covered by the law?

The definition of a private area of a person means the

naked or undergarment clad genitals, public area,
buttocks or female breast of an individual.

Based on the definition, the genitals, public area,

buttocks or female breast of an individual may be naked
or clad with undergarment.
1. Must be a breast of a female
2. At least one (either left or right);
3. Or both
4. Covering any portion thereof
If the photo shows only the side of a female breast,
without the nipple, is this covered by the law?
Yes. The term female breast includes any portion of the
female breast.

If the photo shows the breast of a man, is this covered

by the law?
No. The law only covers female breast.

If the photo shows the left breast of a breast feeding

woman?
Yes. The word breast is used in its singular form.
In this particular type of offense consent of the subject
involved in the photo or video could be a valid
defense.
A reasonable person would believe that:
(a) He/she could disrobe in privacy, without fear of
being concerned that an image or a private area of the
of the person was being captured

(b) or a private area of the person would not be

visible to the public, regardless of wheter that person
is in a public or private place.
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;

Note: CONSENT IS NOT A VALID DEFENSE

So even if the subject may have consented to the taking
of the voyeur photo or video, once the perpetrator
performs the act of copying or reproducing the voyeur
photo or video, then he is liable under the second type of
offense.
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;

As in the second, type, consent of the subject is not a

valid defense, and mere selling or distributing is a
consummated offense.
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.
What do you mean by broadcast?
Broadcast means to make public, by any means, a
visual image with the intent that it be viewed by a
person or persons.
 What if a video was posted in UC Law
JD1A, a private group in facebook but
has a total of 45 members?

It is still an act of publishing or broadcasting

because it may be viewed by a person or persons.
Are these materials admissible in evidence?
As a general rule, no. The record, photo or video, or copy thereof,
obtained or secured by any person in violation of this law shall not
be admissible in evidence in any judicial, quasi-judicial, legislative
or administrative hearing or investigation.

However, any peace officer may secure an order of the court

to use the record or any copy thereof as evidence in any civil,
criminal investigation or trial of the crime of photo or video
voyeurism. The written order shall only be issued or granted
upon written application and the examination under oath or
affirmation of the applicant and the witnesses he/she may
produce, and upon showing that there are reasonable grounds to
believe that photo or video voyeurism has been committed or is
about to be committed, and that the evidence to be obtained is
essential to the conviction of any person for, or to the solution or
prevention of such, crime.

 If the offender is a juridical person: its license or
franchise shall be automatically deemed revoked and
the persons liable shall be the officers
If the offender is a public officer or employee or a
professional: he/she shall be administratively liable
If the offender is an alien: he/she shall be subject to
deportation proceedings after serving his/her
sentence and pament of a fine
If a person is found guilty under R.A 9995, The penalty
of imprisonment of not less that three (3) years but
not more than seven (7) years and a fine of not less
than One hundred thousand pesos (P100,000.00) but
not more than Five hundred thousand pesos
(P500,000.00), or both,
The enjoyment of a private
reputation is as much a
constitutional right as the
possession of life, liberty or
property. It is one of those rights
necessary to human society that
underlie the whole scheme of
civilization.
The State values the dignity and privacy of every
human person and guarantees full respect for human
rights.

State shall penalize acts that would destroy the honor,

dignity and integrity of a person.
 The law needs improvement to cover a wider scope in the
cyber world.
Technology may complicate the prosecution of criminal
offenses.
Criminals continue to violate it even if we have the law
punishing them because they know that proving they
committed the crime is difficult.
The law does not impose an active duty upon the service
providers to participate in the investigation and retention of
evidence that may be used to prosecute the offenders.
 Involved individuals are discouraged to come out in the
public; victims lack of courage to file or pursue a case
There is a need to further intensify efforts to regulate
and monitor internet cafs, particularly hulog-hulog
piso, in sitios and barangays.
 The law promotes responsible decision-making among
people especially the youth.
The law encourages everyone to be respectful of other
citizens human rights

Effect: The prevalence of sex scandals would go

down and the dignity and privacy of the individuals
involved would now be protected.
Sex scandals are the highest form of invasion to the privacy of the
offended party, most of whom are women.

Filipino women - by nature shy, bashful and coy

With this law, it ensures fair legal protection giving opportunities for
women to enhance their well-being and to not restrict their aptitude so
as to improve economic conditions.

The law gives complete protection to the victims of these sex scandals
as broadcasting is broadly defined to prohibit the showing or exhibiting
of the sex scandal through the Internet, cellular phones and any other
similar means or device. Individuals who have copies of the sex scandal
and who shows it to others would be made liable based on this
prohibition.
There is a huge number of out of school youth in our
country today. And since computer and technology are some
of the things that can easily attract them, the government,
it its duty to promote the intellectual well-being of the
youth can invest in their education in return they can help
in providing solutions and making RA 9995 an efficient law.
Most of the cases in relation to RA 9995
were dismissed in the lower courts since
the quantum of evidence needed for
someone to be convicted of this crime
cant be produced.