Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

wouseauino.__ 1444

Introduced by Honorable CARMELO F. LAZATIN

EXPLANATORY NOTE

With the rapid advancement of information and communication technology nowadays
through the World Wide Web, it is alarming to note that even pornography and prostitution has
tapped a new channel in a form popularly known as cybersex.

Itis indeed upsetting that with the Internet technology now made accessible to minors, the
impact on the moral fiber of the society is unimaginable. Amidst of all these are the youth who are
the heaviest users and primary audience of mass media. If left unrepressed, these obscene
practices will impose their detimental effects psychologically, morally and physically. Hence, there
is an urgent need to intensify the campaign against cybersex given the numerous studies that point
out to a higher correlation of exposure to pornography, prostitution and incidence of sex crimes.

With the proliferation of these operations, it is no longer bearable to regulate them on the
basis of fairly loose guidelines. Unless rigid measures are founded against these abuses, society
will bear the social costs since proliferation of obscene and pornographic materials and rampant
exhibition of lewd shows in our midst have threatened the moral fibers or our society.

Thus this bill seeks to prohibit the operation of Philippine-based cybersex in the country

and provide penalties for violation. Through this, the State shall at least lessen the widespread

incidence of prostitution and pornography in the Philippines that reaches every part of the globe
through the cyberspace.

In view of the foregoing premises, approval of this bill is eamestly sought.

bara La
CARMELO F. IN

First District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

Housesiino,__ 1444

Introduced by REP. CARMELO F. LAZATIN

AN ACT PROHIBITING CYBERSEX AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF AND FOR OTHER PURPOSES.

Be it enacted by the Senate and the House of Representatives in Congress assembled:
SECTION 1. Title. - This Act shall be known and cited as the “Anti-Cybersex Act’.

SECTION 2. Declaration of Policy. — It is the declared policy of the State to uphold the
morality of the society particularly the women and the youth, against immoral and obscene acts
through the use of the cyberspace by prohibiting the operation of cybersex in the Philippines.

SECTION 4. Enforcement of the Act. - Towards this end, this act shall prohibit the
‘operation of cybersex in the country, provide corresponding penalties for violators and ensure the
welfare sexworkers particularly the minors.

SECTION 5. Definition of term- As used in this Act, Cybersex shall mean “any form of
interactive prostitution and other forms of obscenity through the cyberspace as the primary
channel’,

SECTION 6. Unlawful Acts -This Act shall prohibit the following obscene acts through the
use of the cyberspace:

1. Live sex shows whose participant either heterosexual or homosexual copulates or perform
sexual acts normals, oral and anal:

2. Explicit picture, scenes or exhibitions depicting or describing homosexual and lesbian acts;
heterosexual acts (normal, oral or anal); masturbation including the practice of autoerotism:
excretion such as urination and edema materials; sadomasochistic sex that involves
whippings, beatings, slashing and other forms of physical injuries, bestiality, necrophilia;
bondage and sex;


3. Depiction or description of sex mixed with sacrileges;

4. Explicit pictures or scenes depicting or describing in sex acts with other children or with

adults;

5. Lewd, licentious, libidinous, lustiul depiction or description of the body such as genitals,
pubic region, buttocks, female breast below a point immediately above the top of areola,
human male genitals in discernibly turgid state, human genitals in a state of sexual stimulation
and fondling erotic touching of human genitals, pubic region, buttocks, female breast;

6. Lewd depiction and description of sexual paraphernalia such as life-sized rubber dolls,
dildos, artificial sex organs, vibrators or any sex gadgets.

7. Coercion, intimidation or fraudulent induction of a person into performing indecent acts
or participating in the operation of cybersex whether as sex worker, pimp, promoter, financer,
computer specialist and administrative employees, among others; and

8. Employment of minors in the operation of cybersex.

SECTION 7. Penalties- The following penalties shall be imposed upon any person who
shall commit any of the unlawful acts:

i

If the offender is the producer, financier, promoter, manager of a cybersex
‘operation, a punishment of a fine of not less than Five Hundred Thousand
pesos ( P 500,000.00) but not more than One Million Pesos (P 1,000,000) and
by imprisonment of not less than 20 years but not more than 30 years. A
Payment amounting to P 100,000 shall be given by the offender to each
Participant who is found to be victims of coercion and if below 18 years of age.

If such offender is a judicial person, its president, manager, director or head
shall be made liable thereby.

If found to be an alien, deportation immediately after service of sentence and
power barred from the entry in the country shall be charged.

if the offender is the demonstrator, performer, actor or exhibitor in any
demonstration, performance or exhibition involving any of the unlawful acts
stipulated in Section 5 of this act, a punishment by a fine not less than Two.
Hundred Fifty Thousand Pesos (P 250,000) or by imprisonment of not less than
three years but not more than six years imprisonment or both at the discretion
of the court.

If found to be an alien, deportation immediately after service of sentence and
power barred from the entry in the country shall be charged

if the offender is the computer specialist, supervisor, and any other person


involved in the administrative aspect of the cybersex operations including
landlords, if place is rented or leased as a business establishment, shall be
penalized accordingly. A fine of not less than but not more than P 150,000 shall
be charged or an imprisonment of one and a half year or both at the discretion
of the court.

If found to be an alien, deportation immediately after service of sentence and
power barred from the entry in the country shall be charged

SECTION 8. Exemptions to Penalties- If the offenders as enumerated in Section 7 are
proven to be below 18 years old whether voluntary workers or victims of coercion shall be
exempted from the penalties imposed by this Act. Instead, the offender shall be subject to the
provisions of Republic Act Number 7610 or the “Special Protection to the Children Against Abuse,
Exploitation and Discrimination Act” and shall be placed immediately under the protective custody
of Department of social Welfare and Development (DSWD).

Whereas, offenders above 18 years of age who are proven to be victims of coercion or involuntary
Participation shall be likewise placed immediately under the protective custody of the DSWD.

SECTION 9. Separability Clause. - If any provisions or part hereof, is invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid
and subsisting

SECTION 10. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule of regulation contrary to or inconsistent with,
the provisions of this Act is hereby repealed, modified, or amended accordingly.

SECTION 11. Effectvity Clause. - This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved,