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EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. _7947

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT AMENDING REPUBLIC ACT NO. 9775 OTHERWISE KNOWN AS THE
“ANTI-CHILD PORNOGRAPHY ACT OF 2009," AND FOR OTHER PURPOSES.

A bothersome news during the early stages of the community quarantine to prevent
COVID-19 has been reported but still has not gained significant attention to be
properly addressed. The Department of Justice - Office of Cybercrime (DOJ-OOC)
reported that there has been a 264.6% rise in reports of Filipino children being
sexually abused over the internet by pedophiles in the period of 01 March 2020 to 24
May 2020, compared to the same period in 2019.

As sick as it may appear, as children stay at home due to quarantine restrictions,
they are at further risk to online sex trafficking and exploitation. The perpetrators,
other than the usual pimps and child traffickers, are sometimes the parents of the
child victims themselves.

While the Internet has helped us survive strict mobility restrictions through various
online services, it also has facilitated child abuse. Hence, this measure intends to
amend Republic Act 9775 by improving the accountability of Internet Service
Providers (ISPs).

The Internet should be a safe space for our children especially now that we are more
dependent on it for education. This bill seeks to provide more protection to our
children and further increase its penalties over ISPs to further deter the commission
of online child sexual exploitation crimes.

In view of the foregoing, the immediate passage of this bill is most earnestly sought.

‘At

LUIS RAYM “LRAY’ Ff. VILLAFUERTE, JR.


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Queen City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 7947

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT AMENDING REPUBLIC ACT NO. 9775 OTHERWISE KNOWN AS THE
“ANTI-CHILD PORNOGRAPHY ACT OF 2009," AND FOR OTHER PURPOSES.

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

SECTION 1. Section 9 of Republic Act No. 9775 otherwise known as the "Anti Child
Pornography Act of2009" is hereby amended to read, as follows:

"Section 9. Duties of an Internet Service Provider (ISP). - All internet
service providers (ISPs) shall notify the Philippine National Police (PNP) or
the National Bureau of Investigation (NBI) within seven (7) days from
obtaining facts and circumstances that any form of child pornography is
being committed using its server or facility. Nothing in this section may be
construed to require an ISP to engage in the monitoring of any user,
subscriber or customer, or the content of any communication of any such
person: Provided, That no ISP shall be held civilly liable for damages on
account of any notice given in good faith in compliance with this section.
XXXX

XXXX

All ISPs shall install EVERY LATEST (available) technology, program or
software to ensure that access to or transmittal of any form of child
pornography will be blocked or filtered. ALL ISPs SHALL SUBMIT AN
ANNUAL REPORT TO THE NATIONAL TELECOMMUNICATIONS
COMMISSION (NTC) ON THE STATUS OF THE TECHNOLGY,
PROGRAM OR SOFTWARE THAT THEY INSTALLED OR UTILIZED
PURSUANT TO THIS PROVISO.

OK

SECTION 2. Section 15 of Republic Act No. 9775 is hereby amended to read, as
follows:


"Section 15. Penalties and Sanctions. - The following penalties and
sanctions are hereby established for offenses enumerated in this Act:

(a) Any person found guilty of syndicated child pornography as defined in
Section 5 of this Act shall suffer the penalty of reclusion perpetua and a
fine of not less than Two million pesos (Php2,000,000.00) but not more
than Five million pesos (Php5,000,000.00);

XXX

k) Any ISP found guilty of willfully and knowingly failing to comply with the
notice and installation requirements under Section 9 of this Act shall suffer
the penalty of a fine of not less than [Five hundred thousand pesos
(Php500,000.00)] FIVE MILLION PESOS (PHP 5,000,000.00) but not
more than [One million pesos (Php1,000,000.00)] TEN MILLION PESOS
(PHP 10,000,000.00) for the first offense. In case of subsequent offense,
the penalty shall be a fine of not less than [One million pesos
(Php1,000,000.00)] ELEVEN MILLION PESOS (PHP 11,000,000.00) but
not more than [Two million pesos (Php2,000,000.00)] FIFTEEN MILLION
PESOS (PHP 15,000,000.00) and revocation of its license to operate.
PROVIDED THAT, WHEN AN OFFICER OR DIRECTOR OF ANY ISP IS
FOUND LIABLE FOR ANY UNLAWFUL ACT OR NEGLIGENCE
RESULTING TO THE COMMISSION OF THE OFFENSE, SUCH
OFFICER OR DIRECTOR SHALL BE JOINTLY AND SOLIDARILY
LIABLE WITH THE ISP AND SHALL SUFFER THE PENALTY OF
PRISION CORRECCIONAL IN ADDITION TO THE ABOVEMENTIONED
FINES;

XxXx"

Sec. 3. Repealing Clause. - All laws, decrees, orders, rules and regulations or other
issuances or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Sec. 4. 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.

Sec. 5. Effectivity. - This Act shall take effect after fifteen (15) days following the

completion of its publication either in the Official Gazette or in a newspaper of
general circulation in the Philippines.

Approved,