Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

- 8712
House Bill No.

Introduced by DIWA Party-list Representative Pepito M. Pico

EXPLANATORY NOTE

While the ubiquity of cameras and recorders has been a boon in many aspects of our lives,
like all other tools, they are subject to abuse. These devices allow us to capture personal moments,
bear witness to important events, but they can also be the weapons of choice for those who wish
to invade the privacy of others for nothing more than monetary gain. Whether against professional
paparazzi, or amateur stalkers, it behooves the State to protect the privacy and well-being of
Filipino citizens. Technology can be a blessing, but the right of any citizen to use the same ends
where this use trespasses on the rights of another.

This bill — a re-filing of House Bill No. 777 filed by former DIWA Party-list
Representative Emmeline Villar -- seeks to provide additional protection to the privacy of
Filipinos by defining and punishing harassment for commercial purposes, or with the intent of
malicious publication.

PEP{TO M. PICO
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

House Bill'No, 8712

Introduced by DIWA Party-list Representative Pepito M. Pico

AN ACT PROHIBITING INVASION OF PRIVACY FOR COMMERCIAL PURPOSES
OR FOR MALICIOUS PUBLICATION

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the "Anti-Invasion of Privacy
Act."

SECTION 2. Declaration of policy. ~ It is a declared policy of the State to protect public
and private individuals against unwarranted harassment and invasion of privacy, especially when
such can endanger the life and health of citizens, and when these acts can be committed by
abusing advanced technology.

SECTION 3. Definition of Terms. — For the purpose of this Act, the term:

(A) "For commercial purposes" means with the expectation of sale, financial gain, or other
consideration; provided, that no consideration need actually have been paid as the mere
expectation of future gain is sufficient;

(B) "For malicious publication" means, in this Act, that the offending party intends to
capture a visual image, sound recording, or other physical impression of a specific person in a
state or an act intended to be private, in order to make the same available publicly, with the intent
to cause undue embarrassment or harm; provided that the intent to reveal criminal behavior does
not constitute an intent for malicious publication under this Act; provided finally that no
publication need actually have been made.

SECTION 4. Invasion of Privacy. "Invasion of Privacy" shall mean any of the following
acts, when undertaken either for commercial purposes or for malicious publication:

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(A) Knowingly entering onto the land of another person without permission or otherwise
committing a trespass in order to physically invade the privacy of a specific person with the intent
to capture any type of visual image, sound recording, or other physical impression of said person;
provided, that the owner of the land need not be the target of the invasion of privacy;

(B) Attempting to capture, ina manner that is offensive to a reasonable person, any type of
visual image, sound recording, or other physical impression of a specific person engaging in a
personal or familial activity under circumstances in which the offended party had a reasonable
expectation of privacy, through the use of any device, including drones, regardless of whether
there is a physical trespass, if this image, sound recording, or other physical impression could not
have been achieved without a trespass unless the device was used; or

(C) When, in an attempt to capture any type of visual image, sound recording, or other
physical impression of a specific person, the offending party acts in a manner that injures,
endangers, or could reasonably be expected to injure or endanger said person or members of
his/her household.

SECTION 5. Penalties. ~ Any person who shall commit an invasion of privacy under this
Act shall suffer the penalty of:

(A) Reclusion temporal and a fine of One Hundred Fifty Thousand Pesos (P150,000.00), if
the invasion of privacy is the proximate cause of a death,

(B) Prision mayor and a fine of Sixty Thousand Pesos (P60,000.00), if (1) the invasion of
privacy is the proximate cause of a serious physical injury; or (2) could reasonably have resulted
in death or serious physical injury; or (3) if the target of the offended party is below sixteen (16)
years old, even if no injury is caused or likely; and

(©) Arresto mayor and a fine of Ten Thousand Pesos (P10,000.00), in all other cases not
covered by the above.

SECTION 6. Persons Criminally Liable. — As a general rule, only persons physically
present at the time of, and engaging in or assisting another in engaging, the commission of the act
penalized under Section 4 hereof shall be subject to criminal or civil liability under this Act.

A person shall not be subject to such violation by reason of the conduct of an agent,
employee, or contractor of that person or because images or recordings captured in violation of
this Act were solicited, bought, used, or sold by that person, unless this was done with the
knowledge that the images or recordings were either captured in violation of this Act, or could not
have been acquired except in violation of this Act, in which case such a person shall be liable as
accessories.

SECTION 7. Limitation on Defenses. — It is not a defense to a prosecution or civil action
that: (a) no image or recording was captured; or that (b) no image or recording was sold.

SECTION 8 Separability Clause. — If any provision, or part hereof, is held invalid or

‘unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

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SECTION 9. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with,
the provisions of this Act is hereby repealed, modified, or amended accordingly.

SECTION 10. Effectivity Clause. — This Act shall take effect thirty (30) days after its
publication in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,

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