' 
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117. 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1
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-3 P3 8 5  
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Proclaqation No. 13 promotes the well-being of Filipino youth by protecting 
them from exploitZtTon, abuse, improper influence, hazard, and other conditions 
prejudicial to their physical, emotional, social, and moral development. The Penal Code, 
Article 200 (b), punishes whose exhibit indecent or immoral plays, scenes, acts or shows 
in theaters, fairs, cinematographs or any other place. These laws do not mention 
pornographic materials which can be assessed through computers. 
This bill seeks to regulate the transmission ,of indecent materials i o u g h  
computer access by minors and penalizes those responsible for the transmission on and 
access to computers. 
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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
-3 $3225 
First Regular Session 
1 
S E N A  
S.B. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PUNISH TRANSMISSION OF INDECENT MATERIAL BY COMF’UTER TO 
MINORS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. ,Sh.ort 
Title. - This Act shall be hown as the “Computer 
-. - 
Pornography Act.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to provide 
special protection to every minor from all forms of abuse, neglect, cruelty, exploitation, 
and discrimination, and other conditions prejudicial to their development. 
Toward this end, the State shall enact measures to prevent the 
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to indecent materials. 
SECTION 3. Definitions. -As used in this Act: 
(1) the term “remote Computer facility” means a facility that - 
(a) provides to the public computer storage or processing services by 
means of an electronic communications system; and 
(b) permits a computer user to transfer electronic or digital material from 
the facility to another computer; 
(2) the term “electronic communications service’’ means any wire, radio, 
electromagnetic, photo optical, or photoelectronic system for the transmission of 
electronic communications, and any computer facility or related electronic equipment for 
the electronic storage of such communications, that permits a computer user to transfer 
electronic or digital material from the service to another computer; and 
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(6) the term “eIectronic bulletin board service” means a computer s stem, t 
regardless of whether operated for commercial purposes, that exists primarily to provide 
remote or on-site users with digital images, or that exists primarily to permit remote or 
on-site users to participate in or create on-line discussion groups or conferences. 
SECTION 4. Punishable Acts - (1) Transmission by remote computer facility 
operator, electronic communications service provider, or electronic bulletin board service 
provider who, with knowledge of the character of the material, knowingly- 
(a) transmits or offers or attempts to transmit ffom the remote 
computer facility, electronic communications service, or electronic bulletin board service 
provider a communication that contains indecent material to a person under 18 years of 
age or offers or attempts to do SO; 
@) causes or allows to be transmitted from the remote computer 
facility, ek-ctronic cornmications service, or electronic bulletin board a communication 
that contains indecent material to a person under 18 years of age or offers or attempts to 
do so; 
(2) Permitting access to transmit indecent material to a minor - Any 
remote computer facility operator, electronic communications service provider, or 
electronic bulletin board service provider who willfully permits a person to use a emote 
computing service, electronic communications service, or electronic bulletin board 
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service that is under the control of that remote computer facility operator, ele I 
,tronic 
communications service provider, or electronic bulletin board service provider, to 
knowingly or recklessly transmit indecent material from another remote computing 
service, electronic communications service, or electronic bulletin board service, to a 
person under eighteen (1 8) years of age. 
SECTION 5. Penalty. - Any person who violates the provisions of this Act shall 
be imprisoned not more than 6 years, or fine, or both at the discretion of this court. 
SECTION 6. 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. 
I 
SECTION 7. Effectivity Clause. - This Act shall take effect. fifteen (15 'days I 
after its publication in at least two (2) newspapers of general circulation. 
1336 
Approved,