THIRTEENTH CONGRESS OF THE 
First Regular Session 
REPUBLIC OF THE PHrLrPPrrws 
SENATE 
S. No. 
7 5 2  
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORYNOTE 
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The Internet makes access to the vast information highway possible. It 
plays a significant role in supplementing the traditional educational tools used 
in the previous decades. 
However, like Pandora's box, the Internet also propagates offensive 
materials such as pornography. What used to be a tool in learning has become 
a playground for pedophiles, child traffickers and perverts. 
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With more and more children having access to the Internet, the situation 
has become alarming. 
Thus, consistent with the policy of the State to protect the people from 
being exploited, abused, improperly influenced, and offended by immoral 
doctrines, 
obscene publications 
arid * exhibitions 
and indecent shows 
transmitted through remote, computer facilities, electronic communications 
service, or electronic bulletin board service, this measure proposes to amend 
Article 301 of the revised Penal Code. 
By imposing the penalty of Prision Mayor and a fine ranging P6,OOO- 
P12,OOO on anyone who shall violate this Act, it is hoped that Internet users 
shall be protected. 
In view of the foregoing, immediate approval of this bill is earnestly 
sought. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
$10 :I a 
SENATE 
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S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
AN ACT 
PROVIDING FOR THE PROTECTION OF FILIPINOS FROM OBSCENE AND 
INDECENT MATERIALS TRANSMITTED THROUGH COMPUTERS AMENDING FOR 
THE PURPOSE ART. 201 OF ACT NO. 3815 OTHERWISE KNOWN AS THE 
REVISED PENAL CODE AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION I. Short Title.- This Act shall be known as the "Protection from 
Computer Pornography Act of 2004." 
SECTION 2. Declaration of Policy.- It is hereby declared the policy of the state to 
protect the people from being exploited, abused, improperly influenced, and offended 
by immoral doctrines, obscene publications and exhibitions and indecent shows 
transmitted through remote, computer facilities, electronic communications service, or 
electronic bulletin board service. 
SECTION 3. Definition. - For the purposes of this Act, and unless otherwise 
indicted, the following shall be defined as follows: 
a. 
Remote Computer Facilities - a facility that (i) provides to the public 
computer storage or processing services by means of an electronic 
communications system; and (ii) permits a computer user to transfer 
electronic or digital material from the facility to another computer; 
b. 
Electronic Communications Service or System - any wire, radio, 
electromagnetic, photo optical, or photo electronic system for the 
electronic storage of such communications, that permits a computer user 
to transfer electronic or digital material from the service to another 
computer; 
c. 
Electronic Bulletin Board Service or System - a computer system, 
regardless of whether operated for commercial purposes or not, 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 group or conferences. 


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SECTION 4. Art. 201 of Act. No. 3815 is hereby mended to read as follows: 
"Art. 20 1. Immoral doctrines, obscene publications crud exhibitions, 
and indecent shows. - The penalty of prision mayor or a fine ranging from 
six to twelve thousand pesos, or both such imprisonment and fine, shall 
be imposed: 
1. 
Those shall publicly expound or proclaim doctrines openly 
Ocontrary to public morals EITHER ORAL OR WRITTEN, OR 
THROUGH 
REMOTE 
COMPUTER 
FACILITIES, 
ELECTRONIC 
COMMUNICATIONS 
SERVICE, 
OR 
ELECTRONIC BULLETIN BOARD SERVICE; 
2. 
a. 
The authors of obscene literature, published with 
their knowledge in any form; the editors, publishing such 
literature; and tile owners/ operators of the establishment 
selling the same; AND THE OPERATORS, OWNERS, OR 
OFFICERS OF THE PROVIDERS OF REMOTE COMPUTER 
FACILITIES, ELEC'TRONIC COMMUNICATIONS SERVICE, 
OR ELECTRONIC BULLETIN BOARD SERVICE; 
b. 
Those who, in theaters, fairs, cinematographs, or any 
other place, exhibit indecent or immoral plays, scenes, acts 
or shows, it being understood that the obscene literature or 
indecent or immoral plays, scenes acts, or shows, whether 
live 
or 
in 
film, THROUGH 
REMOTE 
COMPUTER 
FACILITIES, ELECTRONIC COMMUNICATIONS SERVICE, 
OR 
ELECTRONIC BULLETIN BOARD 
SERVICE OR 
OTHERWISE, which are prescribed by virtue hereof, shall 
include those which: 1) glorify criminals or condone crimes; 
2) serve no other purpose but to satisfy the market for 
violence, lust or pornography; 3) offend any race or religion; 
4) tend to abet traffic in and use of prohibited drugs; and 5) 
are contrary to law, public order, morals, good customs, 
established policies, lawful orders, decrees, and edict;. 
3. 
Those who shall sell, give, away, exhibit films, engravings, 
sculpture, or literature which are offensive to morals 
EITHER THROUGH REMOTE COMPUTER FACILITIES, 
ELECTRONIC 
COMMUNICATIONS 
SERVICE, 
OR 
ELECTRONIC 
BULLETIN 
BOARD 
SERVICE 
OR 
OTHERWISE; 
4. 
THOSE 
WHO 
ADVERTISE, 
SELL, 
OFFER 
FOR 
SUBSCRIPTION, PORNOGRAPHIC MATERIALS THROUGH 
REMOTE 
COMPUTER 
FACILITIES, 
ELECTRONIC 
COMMUNICATIONS SERVICE OR OTHERWISE; 
5. 
THOSE 
WHO 
ACCESS, 
SUBSCRIBE, 
DOWNLOAD, 
USE OF REMOTE COMPUTER FACILITIES, ELECTRONIC 
COMMUNICATIONS SERVICE, OR ELECTRONIC BULLETIN 
BOARD SERVICE, DISTRIBUTE, WHETHER FOR FREE OR 
WITH 
REMUNERATION 
THE 
ABOVE 
PROHIBITED 
OBSCENE LITERATURE OR INDECENT OR IMMORAL 
PLAYS, SCENES, ACTS PHOTOGRAPHS, SHOWS, OR 
DOCTRINES, AND ADVERTISEMENTS; 
UPLOAD, AND MAKE-USE OF, AND THOSE WHO BY THE 


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SECTION 5. Disposition of Prohibited Articles. - The disposition of literature, 
films, engravings, sculptures, paintings, or other materials involved in violation of this 
Act sent, transmitted, downloaded, or uploaded through remote computer facilities, 
electronic communications service, or electronic bulletin board service shall be 
governed by the following rules: 
a. 
Upon conviction of the offender, the prohibited materials transmitted 
through remote computer facilities, electronic communications service, 
or electronic bulletin board system or service, shall be forfeited in favor of 
the government to be destroyed, or deleted permanently from the said 
computer system or computer facility used for such transmission; 
Where the criminal case against any violator of this law results in an 
acquittal, other than for failure to prove that the materials are 
obscene/immoral, 
the 
obscene/immoral 
literature, films, prints, 
engravings, sculptures, painting or other materials and articles involved 
in the violation of this Act shall nevertheless be forfeited in favor of the 
government to be destroyed, after the decision shall have become final. 
b. 
SECTION 6. Additional Penalty Clause. -- The operators, owners, or officers of 
the providers of remote computer facilities, electronic communications service, or 
electronic bulletin board service shall be subject to the following additional penalties 
for subsequent convictions: 
a. 
For the second offense, an additional fine of not exceeding Ten thousand 
pesos (10,000.00); 
b. 
For the third offense, an additional fine of not exceeding Twenty 
thousand pesos (20,000.00) and the prohibition to operate as providers 
of remote computer facilities, electronic communications service, or 
electronic bulletin board. 
SECTION 7. Repealing Ckause. - All other laws, decrees, and proclamations 
inconsistent with this Act are hereby considered repealed, amended, or modified 
accordingly. 
SECTION 8. Effectivity. - This Act shall take effect after fifteen (15) days 
following its publication in two newspapers of general circulation. 
Approved,