Estepa, Dane Rainier M.

Saavedra, Miguel Elijah

Senate Bill 861: Protection for Personal Intrusion for Commercial Purposes

Research Question: In the event that senate bill 861 or the Protection for Personal
Intrusion for Commercial Purposes bill is passed as a law, will it be in consonance with
the constitution?
Corollary Issues:
1. Whether or not section 5 of senate bill 861 is in consonance with the
constitutional clause that protects the freedom of the press?
Section 5 provides for the instances where in which a violation is made.
The second instance of section 5 states that It shall be unlawful to
capture any type of visual image, sound recording, or other physical
impression for commercial purposes of a personal or familiar activity
through the use of a visual or auditory enhancement device, even if no
physical trespass has occurred if:

a. the subject of the image, sound recording, or other physical

impression has a reasonable expectation of privacy with respect
to the personal or familiar activity captured; and,
b. the image, sound recording, or other physical impression could
not have been captured without a trespass if not produced by the
use of the enhancement device.
With part b, no trespass is required in order to violate this soon-to-be, if
ever, law.
Section 4 of the bill of rights protects freedom of the press.

2. Whether or not section 5 of senate bill 861 is consistent with ones

constitutional right to the freedom of expression as provided for in the
constitution?
Section 5 provides for the instances where in which a violation is made.
The constitution protects ones right to expression.
3. Whether or not Section 6 of senate bill 861 is coherent with ones
constitutional right to the freedom of expression?
Section 6 - A person obtaining relief may be either or both the owner of the
property or the person whose visual or auditory impression has been
captured.
The constitution protects ones right to expression be it in the form of
spoken language or through photographs.

4. Whether or not section 7 of senate bill 861 is aligned with an accuseds

constitutional right being seen as innocent until proven guilty?
Section 7 provides the limitations on defense and is inclusive of
1. No image or recording was captured
2. No image or recording was sold
The accused has the right to innocence until he is proven guilty.
Will setting limitations on defenses curtail an accuseds right to innocence
before being proven guilty?

5. Whether or not section 5 of senate bill 861 coincides with the

constitutional clause that hopes to preserve artistic expression found in
section 14 of Article XIV?
Section 5 provides for the instances where in which a violation is made.
The second instance of section 5 states that It shall be unlawful to
capture any type of visual image, sound recording, or other physical
impression for commercial purposes of a personal or familiar activity
through the use of a visual or auditory enhancement device, even if no
physical trespass has occurred if:

c. the subject of the image, sound recording, or other physical

impression has a reasonable expectation of privacy with respect
to the personal or familiar activity captured; and,
d. the image, sound recording, or other physical impression could
not have been captured without a trespass if not produced by the
use of the enhancement device.
Because of the broadness of the article, even citizens who wish to express
themselves through photography or other physical imprinting are
included in the bill.
Hence, Curtailment may occur.