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S E N A T E  
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Senate Bill No. 4 0 0 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Telecommunications is an important industry in any country. 
It is an 
essential instrument in the fast, effective and efficient facilitation of personal and 
business transactions. The use of telephone provides convenience to the users 
from all parts of the globe. 
This technology, however, is being abused and we have seen the 
commercial use of telephones for providing phone-sex services which are often 
referred to as “dial-a-porn’’ service providers. This provides accessible but 
expensive medium of transmitting lewd, lascivious, filthy or indecent messages. 
The lack of law in our country to squarely address this problem causes the 
proliferation of such service providers that continues to corrupt the morals of our 
people, especially the youth. Indeed, strict penalties and sanctions should be 
imposed to violators to prevent, suppress and ultimately eliminate such kinds of 
activities. 
This bill defines dial-a-porn, phone-sex business, pay-per-call services, 
and other similar acts as unlawful, and provides corresponding penalties to 
violators. It is hoped that this measure will solve the surging problem on indecent 
or obscene communications relayed through commercial use of telephones. 
Responsible technology entails the upholding of the moral values of our 
society. Hence, the immediate approval of this proposed measure is earnestly 
sought. 
ESTRADA 
Senator 


INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
DECLARING UNLAWFUL THE COMMERCIAL USE OF TELEPHONES FOR 
MAKING INDECENT OR OBSCENE COMMUNICATIONS AND PROVIDING 
PENALTIES THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Shorf Title. - This Act shall be known as the “Anti DiaCa- 
Porn Act”. 
SEC 2. Declaration of State Policy. - It is hereby declared a state policy 
to discourage the commercial use of telephones or other telecommunication 
facilities for the circulation, distribution, conveyance, or transmission of lewd, 
lascivious, filthy or indecent messages that tend to corrupt the morals of the 
public and would suggest to the minds of either gender thoughts of an impure 
and libidinous character, regardless of the actual effect thereof on the recipients’ 
minds. 
SEC 3. Definition of Terms. -As used in this Act - 
(a) A “lewd message” is one that describes dissolute or unchaste acts, 
scenes or incidents or one whose utterance is calculated to excite lustful 
and sensual desires and the like; 
(b) The word “lascivious” comprehends any message that is impure, unclean, 
indecent, fool, filthy, or disgusting; 
(c) The term “indecent” means immodest or impure; 
(d) The term “filthy” means nasty, vulgar, Indecent or offensive to the moral 
(e) “Phone-sex business” means offering sexually intimate, suggestive or 
explicit conversations to callers on a pay-per-call basis; 
(9 The term ”pay-per-call services” means any service for which the caller 
pays a per-call or per-time-interval charge that is greater than or in 
addition to the charge for transmission of the call. 
sense; 


SEC 4. Prohibited Acts. - Pursuant to the policy laid down in Section 2 of 
this Act, it is hereby declared unlawful: 
(a) for a person, natural or juridical, association, club or any other entity to: 
(i) 
establish, provide, or carry on a “phone-sex business” or similar 
activity that has for its purpose the transmission, conveyance or 
distribution for profit of lewd, indecent or lascivious messages 
through the telephone or other telecommunication facilities; 
advertise, publish, print, distribute, or cause the advertisement, 
publication, printing, or distribution of any brochure, flyer or any 
propaganda material calculated to promote the prohibited acts 
in the preceding sub-paragraph; 
solicit, enlist or in any manner attract or induce any man or 
woman to become a member in any club or association whose 
objective is to promote, provide or carry on the prohibited acts in 
sub-paragraph (i) of this Section. 
(b) for the manager or officer-in-charge or advertising manager of any 
newspaper, magazine, television or radio station or other media of mass 
communication like telephone or telegraph companies or of an advertising 
agency, printing company or similar entities, to knowingly allow or consent 
to the acts mentioned in sub-paragraph (ii) of this Section. 
(ii) 
(iii) 
SEC 5. 
Penalties. - Any person found guilty of any of the offenses 
covered by this Act shall be punished by imprisonment of not less than six (6) 
years and one (1) day but not more than eight (8) years, or a fine ranging from 
Ten Thousand Pesos (PI 0,000.00) to Twenty Thousand Pesos (P20,000.00), or 
both, upon the discretion of the court: 
Provided, That if the offended is a 
foreigner, he shall be immediately deported and barred forever from entering the 
country after serving his sentence and paying the fine. 
SEC 6. 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. 
SEC 7. 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 modified or 
amended accordingly. 
SEC 8. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,