Press Release
May 22, 2009

MIRIAM WANTS VIDEO VOYEURS PUNISHED

        Even before the alleged Hayden Kho-Katrina Halili sex video scandal, Senator Miriam Defensor Santiago has already filed a bill to punish photo and video voyeurism.

        Santiago filed Senate Bill No. 1100, or the "Anti-Video Voyeurism Act," last 4 July 2007. Senator Francis "Chiz" G. Escudero's Committee on Justice and Human Rights has already conducted public hearings on the bill, and has submitted to the plenary Committee Report No. 65 last 2 June 2008. The legislative measure is still waiting to be calendared in the Senate plenary session.

        Santiago, as principal author of the bill, and Escudero, as chair of the committee that conducted public hearings on the bill, are co-sponsors of the measure.

        The proposed law aims to protect the privacy and dignity of every person by criminalizing photo and video voyeurism.

        "For the victim, it is obviously very embarrassing and degrading to be photographed or videotaped in a compromised situation. It is a form of invasion of personal privacy," Santiago said.

        Under the bill, any person who captures an image of a private area of an individual without his/her consent and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy shall be punished with imprisonment of not less than one year nor more than five years, or a fine of not less than P10,000 nor more than P50,000.

        A similar punishment awaits any person who captures an image of a private area of an individual with his/her consent but broadcasts the said image without the written permission or consent of said individual.

        "Under the proposed law, it is not even necessary that the photo or video shows the aggrieved person engaging in sexual intercourse," Santiago explained. "As long as a private area of the victim is visible in the photo or video, whoever captured the image without the consent of the victim, or captures the image with his or her consent but broadcasts the image without his or her written permission, is liable under this act."

        The bill defines the "private area of the individual" as the naked or undergarment clad genitals, pubic area, buttocks, or female breast.

        For photo or video voyeurism to be punished, the aggrieved individual must be "under circumstances in which that individual has a reasonable expectation of privacy." Under the bill, this is defined as "circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place."

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