1,' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
,JAN 29 !'] :OJ 
SENAJE.. 
S. No. 
~b95 
.1 .. 
; I 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROTECT AND PROMOTE THE RIGHT TO FREE SPEECH OF PHOTOGRAPHERS 
EXPLANATORY NOTE 
The Constitution, Article 3, Section 4 provides: 
No law shall be passed abridging the freedom of speech, of expression, or 
of the press, or the right of the people peaceably to assemble and petition the 
government for redress of grievances. 
Our Constitution has a systemic bias towards free speech. The absolutist tenor of Article 
III, Section 4, testifies to that fact. The individual discomforts to particular people or enterprises 
engendered by the exercise of the right, for which at times remedies may be due, do not diminish 
the indispensable nature of free expression to the democratic way of life. 
Free speech and free press may be identified with the liberty to discuss publicly and 
truthfully any matter of public interest without censorship and punishment. There should be no 
previous restraint on the communication of views or subsequent liability whether in libel suits, 
prosecution for sedition or action for damages, or contempt proceedings unless there is a clear 
and present danger of substantive evil that Congress has a right to prevent. I 
The scope of freedom of expression is so broad that it extends protection to nearly all 
forms of communication. It protects speech, print, and assembly regarding secular as well as 
political causes, and is not confined to any particular field of human interest. The protection 
covers myriad matters of public interest or concern embracing all issues, about which 
information is needed or appropriate, so as to enable members of society to cope with the 
exigencies of their period. The constitutional protection assures the broadest possible exercise of 
free speech and free press for religious, political, economic, scientific, news, or informational 
1 Newsounds Broadcasting Network, Inc. v. Oy, 583 SeRA 333 (2009). 
I 


ends, inasmuch as the Constitution's basic guarantee of freedom to advocate ideas is not confined 
to the expression of ideas that are conventional or shared by a majority.2 
In recent years since the rising popularity of amateur photography, government agencies 
have enacted regulations to prohibit or restrict photography in public parks, public spaces, and 
government buildings. However, still and motion photographs are speech. Government should 
ensure that the right to free speech of those who take still and motion photographs in public 
spaces and government property is protected and promoted. Any government regulation limiting 
this right should kept to the barest minimum, and only for the purpose of maintaining order and 
efficiency in the daily conduct of the affairs of the government agency concerned. 
2 Chavez v. Gonzales, 545 SCRA 441 (2008). 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
JIIN Z'I n:o J 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by Ihe Senate and the House of Representatives of the Philippines in 
Congress Assembled: 
I 
AN ACT 
2 
TO PROTECT AND PROMOTE THE RIGHT TO FREE SPEECH OF PHOTOGRAPHERS 
3 
SECTION I. Declaration of Policy. - Consistent with the constitutional mandate that no 
4 
law shall be passed abridging the freedom of speech and of expression, it is hereby declared the 
5 
policy of the State to protect and promote the right to free speech of photographers. 
6 
SECTION 2. D~finition. - For purposes of this Act, the term "photography" means any 
7 
form or method of capturing and recording or transmitting still or moving images. 
8 
SECTION 3. Right fo Free Speech of Photographers. - (a) It is contrary to public policy 
9 
to prohibit or restrict photography in public spaces, whether for private, news media, or 
10 
commercial use. 
II 
(b) 
Should a government agency seek to restrict photography of its installations or 
12 
personnel, it shall obtain a court order that outlines the national security or other reasons for the 
13 
restriction. Such court order shall allow restrictions of photography when such photography may 
14 
lead to the endangerment of public safety or national security. Nothing in this Act shall restrict 
15 
government agencies from taking lawful steps to ascertain whether or not photography may 
16 
consist of reconnaissance for the purpose of endangerment of public safety or national security or 
17 
for other unlawful activity. 
I 
~. 


SECTION 4. Fees, Permits, or Insurance. -
A government agency may require 
2 
reasonable fees, permits, andlor insurance as a condition to take still or moving images on 
3 
government lands, national parks and forests, and public spaces when such are for commercial 
4 
use; Provided, that the taking of still or moving images for private use or for the use of news 
5 
media agencies shall not be subjected to fees andlor insurance. 
6 
SECTION 5. Prohibition on the Seizure and FOI:feiture of Photographic EqUipment. - It 
7 
is prohibited for law enforcement officers and other government officials to seize any 
8 
photographic equipment or their contents or memory cards or film, or order a photographer to 
9 
erase the contents of a camera or memory card or film. A law enforcement officer or government 
10 
official found guilty of violating this provision shall be punished with a fine of not less than Two 
II 
Thousand Pesos (P2,000.00), and shall indemnify the victim in the amount of thrice the fair 
12 
market value of any photographic equipment, memory card, or film destroyed. 
13 
SECTION 6. Implementing Rules and Regulations. -
Within sixty (60) days from 
14 
effectivity of this Act, government agencies shall promulgate the necessary rules and regulations 
15 
to implement this Act. 
16 
SECTION 7. Separability Clause. - If any provision, or part hereof, is held invalid or 
17 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
18 
valid and subsisting. 
19 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
20 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
21 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
2 


SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
2 
in at least two (2) newspapers of general circulation. 
Approved, 
/jab 
3