C' 
ft';t;) F 1 'l.~l ~ 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
lif)tfr;1' of t~ , ': v:rL'hrlJ 
First Regular Session 
'13 
JUL 17 P 3 :(5 
SENATE 
Senate Bill No. 859 
INTRODUCEiD BY SEiN. JINGGOY EiJEiRCITO EiSTRADA 
EXPLANATORY NOTE 
Proclamation No. 13 promotes the well being of Filipino youth by 
protecting them from exploitation, abuse, improper influence, hazard and other 
condltioM prejUdicial to theit physical, emotional, social and motal development. 
Article 201 (b) of the Revised Penal Code punishes those who exhibit indecent or 
immoral plays, scenes, acts or shows in theaters, fairs, cinematographs or any 
other piace. These iaws do not mention pornographic materlais, which can be 
accessed through computers. 
This bill seeks to regulate the transmission of indecent materials through 
computer access by minors and penalizes those responsible for the transmission 
of and aGGess ta Gamputers. 
Hence, the immediate approval of this bill is highly recommended. 
GOY EJERCITO ESTRADA 
Senator 


,-,,,, 
, 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
"j 3 JUL '17 :':< :(::, 
SENATE 
Senate Bill No. 8 5 9 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO PUNISH TRANSMISSION OF INDECENT MATERIAL BY COMPUTER TO 
MINORS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. This Act shall be known as the "Anti-Computer 
Pornography Act". 
SEC. 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 exposure 
of minors to indecent materials. 
SEC. 3. Definitions. As used in this Act -
(a) 
the term "remote computer facility" means a facility that -
(i) 
(ii) 
provides to the public computer storage or processing services by 
means of an electronic communications system; and 
permits a computer use to transfer electronic or digital material from 
the facility to another computer; 
.. 
. 
(b) 
the term "electronic" communications service" means any wire, radio 
electromagnetic, photo optical, or photo-electronic 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 
(c) 
the term "electronic bulletin board service" means a computer system, 
regardless of whether operated for commercial purposes, that exists 
primarily to provide remote or on-site users with digital images, or that 


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, ., 
". 
exists primarily to permit remote or on-site uses to participate in or create 
on-line discussion groups or conferences. 
SEC. 4. Punishable Acts -
(a) 
Transmission 
by 
remote 
computer 
facility 
operator, 
electronic 
communications service provider, or electronic bulletin board service 
provider. A remote computer facility operator, electronic communications 
service provider, electronic bulletin board service provider who, will with 
knowledge of the character of the material, knowingly. 
(b) 
(1) 
transmit or offers or attempt to transmit from the remote control 
facility, electronic communications service, or electronic bulletin 
board service provider a communication that contains indecent 
material to a person under eighteen (18) years of age, or 
(2) 
causes of allows to be transmitted from the remote computer 
facility, electronic communications service or electronic bulletin 
board a communication that contains indecent material to a person 
under eighteen (18) years of age or offers or attempts to do so. 
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 remote computing service, electronic 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 a person under 18 years or age. 
SEC. 5. Penalty. Any person who violates the provisions of this Act shall 
be punished with imprisonment for not more than six (6) years, or a fine of not 
less than one hundred thousand pesos (P100,OOO.OO) or both at the discretion of 
the court. 
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 subsisting. 
SEC. 7. Repealing Clause. Any law, presidential decree of issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to, or inconsistent with, the provisions of this Act is hereby amended or 
repealed, modified or amended accordingly. 
SEC. 8. Effectivity Clause. This Act shall take effect fifteen (15) days 
after its complete publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
Approved,