Republic of the Philippines

6
HOUSE OF REPRESENTATIVES OF RECEIVED 7.

Batasan Hills, Quezon City

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL NO{GS$33

Introduced by: Hon. Margarita Ignacia B. Nograles
Explanatory Note

The approval of Republic Act No. 11930 or the "Anti-Online Sexual Abuse or
Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation
Materials (CSAEM) Act into law is a welcome development in the nation’s fight to
protect the welfare of Filipino children. However, it is incumbent upon the
government to be proactive and anticipate possible gaps that may arise in the future.
This bill seeks to give the government a head start in its fight to keep children safe by
prohibiting the use of Artificial Intelligence in sexually exploiting them.

The rapid development of information technology gave rise to more powerful
and sophisticated Artificial Intelligence (Al) software. AI can now create hyper-
realistic synthetic media or “deepfake” of anyone who have their image or video
recording uploaded in the internet. Survey shows that 96% of existing “deep fake”
media are pornographic.! In a research conducted by the University of Edinburgh,
they found out that about three hundred and two (302) million young people fell
victim to non-consensual sharing and exposure of sexual images and videos on 2023.
This includes cases of sextortion and the abuse of AI technology to create deepfake
videos and pictures.”

The Council for the Welfare of Children (CWC) raised its concern over a new
breed of online sexual predators. These predators use Al to create “deep fake” images
of children and portray them in a sexually and explicit manner. Even though the
Philippines is yet to receive a report of this kind of exploitation, CWC reported that

* https://www.fasteampany.com/90414479/how-deepfakes-evolved-so-r
2 hutpss/ news abs-ebn,com world/2024/5/26 0. er-300-million-

23.



the number of AI related exploitation is growing in other countries? The Department
of Justice also asks for the help of Congress in providing a legislation which shall
expressly and specifically address the possible proliferation of sexual exploitation of
children through AL! As the agencies tasked in enforcing the laws pertinent to the
protection of children, the opinions of these government bodies shalll be given enough
credence. The State shall not be a sitting duck in this pressing issue. The Congress shall
equip the Executive branch with the proper tools to be one step-ahead on this issue.

The Philippines is a signatory to the United Nations Convention on the Rights
of the Child which obligates the member states to protect children from alll forms of
sexual exploitation and sexual abuse. Section 3(2), Article XV of the 1987 Philippine
Constitution also mandates that Filipino children shall have special protection from
all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to
their development. More importantly, it is the State’s obligation to foster a healthy
society where the future generations can grow without experiencing sexual
exploitation.

In view of the foregoing, the passage of this bills is earnestly sought.

MARGARI S” B. NOGRALES
PBA Party-list Representative

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS,
Third Regular Session

House prt No._16833

Introduced by: Hon. Margarita Ignacia B. Nograles

AN ACT
STRENGTHENING REPUBLIC ACT NO. 11930 OTHERWISE KNOWN AS THE
ANTI-ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN (OSAEC)
AND ANTI-CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS,
AMENDING FOR THE PURPOSE SECTIONS 3(J) AND 4(N) THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 3(j) of Republic Act No. 11930 is hereby amended to read as
follows:

"(Image-based sexual abuse (ISA) refers to a form of technology-
facilitated sexual violence. The term describes EITHER A SINGLE ACT
OF, or a pattern of behavior involving the nonconsensual creation,
distribution, or threats to distribute nude or sexual images. It includes a
diversity of behaviors including, but not limited to, "sextortion scams,” the
use of artificial intelligence to construct "deepfake" pornographic videos,
AUDIOS, OR IMAGES, threats to distribute photographs and videos; and
the taking or sharing of sexual assault imagery.”

(1) “DEEPFAKE” IS A SYNTHETICALLY GENERATED PHOTO,
AUDIO, OR IMAGE THAT IS FAKE BUT LOOKS REAL.
DEEPFAKES USE DEEP LEARNING TECHNIQUES, SUCH AS
GENERATIVE ADVERSARIAL NETWORKS (GAN), TO
DIGITALLY ALTER AND SIMULATE A REAL PERSON. IT MAY


BE BASED ON A NATURAL PERSON, OR A COMBINATION
OF TWO (2) OR MORE NATURAL PERSONS, OR
COMBINATION OF A NATURAL PERSON AND A
COMPUTER-GENERATED INDIVIDUAL. THIS INCLUDES,
BUT IS NOT LIMITED TO, THE NON-CONSENSUAL
CREATION OF SEXUAL OR EXPLICIT IMAGES, INCLUDING
IMAGES THAT ARE DIGITALLY ALTERED OR
MANIPULATED TO ADD A PERSON’S FACE TO A PRE-
EXISTING NUDE OR SEXUAL IMAGE.

(2) “SEXTORTION” IS A FORM OF ONLINE SEXUAL
EXPLOITATION OF CHILDREN THAT INVOLVES AN
OFFENDER DECEIVING, ENTICING, OR COERCING CHILD
VICTIMS TO TAKE AND SEND EXPLICIT IMAGES ONLINE
THEN THREATENING TO RELEASE THE SAME TO THE
PUBLIC OR TO FAMILY AND FRIENDS UNLESS THE VICTIM
PAYS OR COMPLIES TO ANY CONDITION IMPOSED BY THE
OFFENDER. THE OFFENDER MAY ALSO ACQUIRE OR TAKE
IMAGES OF THE CHILD VICTIM AS THE FORMER
PRETENDS TO BE SOMEONE HE IS NOT, THEN BLACKMAIL
THE CHILD TO PAY UNDER THREAT OF RELEASING THE
IMAGES PUBLICLY.”

Section 2. Section 4(n) of the same Act is hereby amended to read as follows:

“SECTION 4(n). TO PRESENT CHILDREN AS OBJECTS OF SEXUAL
FANTASY, WHICH MAY BE THROUGH IMAGE- BASED SEXUAL
ABUSE, OR MAKING THEM CONVERSATIONAL SUBJECTS OF
SEXUAL FANTASIES, IN ANY ONLINE OR  DIGITIAL
PLATFORM”

Section 3. Separability Clause. ~ If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.

Section 4. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations and other issuances, or any part thereof, inconsistent with this Act are
hereby repealed, modified or amended accordingly.


Section 5. Effectivity Clause.— This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,