** 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
s 
A T  
In the Philippine setting, pornography is a coiitinuing concern facing the 
government. 
While laws have been passed to address the seemingly unabated 
proliferation of pornographic materials, recent developments in technology have made it 
even more difficult to curb pornography. 
The govermnent thus has a compelling interest in ensuring that criminal laws 
against pornography remain effective and enforceable to keep abreast with modern 
technology. 
The government should exert positive efforts to stamp out pornography in all 
mediums to uphold and promote good morals, proper values, and decency of every 
human being. 
This proposed measure neither intends to amend nor repeal the provisions of 
Republic Act No. 9208 otherwise known as 'Xnti-Trafficking in Persons Act of2003." It 
in fact, supplements it. This bill aims to criminalize the publication, broadcast, exhibition 
of pornographic materials including images that appear in traditional media such as, but 
not limited to, paper, celluloid, film, magnetic tapes, or through airwaves, or through the 
use of computers, the internet, cyberspace, Internet Chat, Chat rooms, Web Sites, 
Electronic Mails, optical media, or other electronic media, and other technological 
advancements thereof to protect the morals of the public. 
At present, proliferation of pornographic materials through these mediums are not 
clearly punishable. And even if they are punishable, the penalties are inconsequential that 
perpetrators are not deterred from continuing to engage in such immoral and indecent 
activities. 
It is the State's duty to safeguard its interest against the menace of publication, 
broadcast and exhibition of pornographic materials through electronics and other high 
technology equipments that tend to disrupt peace and order in the country. Thus there is a 
need for a new law that would combat pornography in this age of modern technology. As 
such the immediate passage of this bill is earnestly prayed for. 


0 
THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regdar Session 
) 
1 
OF THE PHILIPPINES 
S.B. No. 
i? 
Introduced by Senator ~~~Q~ 
Ihng 
Be it erincled by the Senate nrd the Home of Represer&riii:es of the Republic of 
the Philippines in Coi?pss Assembled: 
SECTION 1. Title - This Act shall be known and cited as the “Anti- 
f‘O,?VOg7.@tJ/ 
Act Uf 200y 
SEC. 2. ~
e
~
~
~
r
~
~
i
o
~
 
o ~ ~ o l ~ c y  
- It is hereby declared the poIicy ofthe State to 
protect all individuals from the proliferation of pornographic materials and to curb 
nefarious activities involving pornography. In particular, the State recognizes its duty to 
safeguard its interest against the menace of publication, broadcast and exhibition of 
pornographic materials through electronics and other high technology equipments that are 
contrar)] to public morals and decency in the country 
SEC. 3. Definition of terms - 
1) &rnography - refers to any representation, through publication, exhibition, 
cinematography, indecent shows, information technology by whatever means, of a person 
(whether minor or adult) engaged in real or simulated explicit sexual activities or any 
other representation of the sexual parts or a person for primarily sexual purpose. 
2) ~ u r ~ u g ~ a ~ ~ ~ ~ c  
iWctteria/s - Any image or images, article or articles, writing 
or writings, speech or speeches, depicting pornography; 
3) Explicit Sexual Activities - Real or simulated 
2 


(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or ord- 
anal, whether between persons of the same or opposite sex; 
(b) bestiality or sexual intercourse including genital-genital, oral-genital, anal- 
genital, or oral-anal, between humans and animals; 
(c) masturbation with or without the use of foreign objects; 
(d) sadistic or masochistic abuse; or 
(e) lascivious exhibition of the genitals, breast, or pubic area of any person; 
4) ~
~
~
~
~
C
~
~
~
- 
(a) the act or process of publishing; 
(b) to make generally known; 
(c) to disseminate to the public; 
(d) to produce or release for distribution; or 
(e) a published work 
whether in traditional media such as, but not limited to, paper, celluloid, film, magnetic 
tapes, or through airwaves, or through the use of computers, the internet, cyberspace, 
Internet Chat, Chat rooms, Web Sites, Electronic Mails, optical media, or other electronic 
media, and other technological advancements thereof. 
5 )  Broadcast - 
(a) the act or process of broadcasting or transmitting; 
(b) to make generally known by means of transmitting; 
(c) to disseminate to the public by means of transmitting; 
(d) to produce or release for distribution; or 
(e) a broadcasted work 
whether in traditional media such as, but not limited to, celluloid, film, rnagmtic tapes, or 
through airwaves, or through the use of computers, the internet, cyberspace, Internet 
Chat, Chat rooms, Web Sites, Electronic Mails, optical media, or other electronic media, 
and other technological advancements thereof. 
6 )  ~ x ~ ~ b ~ ~ i o ~  
- 
(a) the act or process of exhibiting 
(b) to make generally known 
(c) to disseminate to the public 
(d) to produce or release for exhibition; or 
whether live or in traditional inedia such as, but not limited to, celluloid, film, magnetic 
tapes, or though airwaves, or through the use of computers, the internet, cyberspace, 
Internet Chat, Chat rooms, Web Sites, Electronic Mails, optical media, or other electronic 
media, and other technological advancements thereof. 
7) Computer - Any device or a group of inter-connect devices, which, pursuant 
to an operating system or program, performs automatic processing of data or any other 
function assigned to it. 
8) Internet - An electronic communications network that connects computers, 
computer networks, organizational computer facilities and other computer-based 
communication devices around the world. 
9) World Wide ~ e ~ / ~ y ~ e r s ~ ~ c e  
- The totality of the electronic medium of 
computer networks, in which online coinmunication takes place. 
3 


10) Optical Media - a storage medium or device in which information, including 
sounds and/or images, or software code, has been stored, either by mastering and/or 
replication, which may be accessed and read iising a lens scanning mechanism employing 
a high intensity light source such as a laser or any such other means as may be developed 
in the future. 
11) Internet chat - An internet senrice that allows users to participate in a real- 
time, synchronous exchange of images and remarks with one or more people over a 
coinputer network. 
12) Chat room - a web site that provides real-time online interactive broadcast 
of images, remarks and discussions. 
13) Web site - a group of World Wide Web pages usually containing hyperlinks 
to each other and made available online by an individual, company, educational 
institution, government, or organization 
Is') Electronic Mail (E-Maig - 
(a) a means or system for transmitting messages, text, images electronically as 
(b) messages, text, images sent and received electronically through an email 
between computers on a network; 
system; 
SEC. 4. Prohibited Acts -It shall be unlawful for any person, natural or juridical, 
to commit any of the following acts: 
(1) Publication, broadcast, or exhibition, of Pornographic Materials. 
(2) Soliciting, selling or giving away any pornographic material. 
(3) Destroying or concealing the effects or instruments of the body of the crime, 
(4) Possession of any pornographic materials as defined in this act, with intent to 
in order to prevent its discovery. 
publish, broadcast or exhibit. 
SEC. 5. Penal Provisions - 
(a) Any person who shall cause the publication, broadcast, or exhibition, of 
Pornographic Materials shall be punished with imprisonment for not less than 
twelve (12) years but not more than twenty (20) years and pay a fine of not 
less than two hundred fifty thousand pesos (P250,OOO.OO). 
(b) Any person who causes the publication, broadcast, or exhibition, of 
Pornographic materials depicting minors, or cause the publication, 
broadcasting, or exhibition of such pornographic materials to be viewed by 
minors, shall suffer the penalty of twenty (20) years imprisonment and a fine 
of not less than two hundred fifty thousand pesos (P250,OOO.OO). 
(c) Any person who shall seek, solicit, acquire, sell or give away any 
pornographic material shall be punished with imprisonment for not less than 
twelve (12) years but not more than twenty (20) years and pay a fine of not 
less than two hundred fifty thousand pesos (P2S0,OOO.OO). 
(d) Any person who aids in the commission of the acts in Section S (a) (b) shall 
be punished with twelve (12) years imprisonment and pay a fine of not less 
than one hundred thousand pesos (PlO0,OOO.OO). 
4 


(e) Any person who shall conceal or cause the destruction of the effects or 
instruments of the body of the crime, in order to prevent ?he discovery of the 
crimes in Section 5 (a) (b) shall be punished with twelve (12) years 
imprisonment and pay a fine of not less than one hundred thousand pesos 
(P 100,000.00). 
(0 Any person who shall possess any pornographic materials as defined in this 
act with intent to publish broadcast or exhibit shall be punished with twelve 
(12) years imprisonment and pay a fine of not less than one hundred thousand 
pesos (PlO0,OOO.OO). 
(g) Officers and/or Directors of juridical persons shall be held liable for the 
criminal offense established in accordance with this law, committed for his 
benefit by his employee, acting either individually or as part of an organ of 
any legal person based on his power of representation, decision making 
processes, exercise of control and any other similar power of discretions. 
Provisions of Corporation Code as to the original liability of its Offices and 
Directors shall apply. 
(h) Officers and/or Directors shall be held liable for where lack of supervision or 
control of an employee has made possible the commission of the criminal 
offense established in accordance with this law, for the benefit of the juridical 
person by a natural person under its authority. Liability of a legal person 
herein shall not exclude the criminal proceeding against the employee n7ho are 
perpetrators, or abettors of criminal offenses herein enumerated. 
(i) Public officers and Persons in Authority who shall commit any of the 
prohibited acts shall be punished with imprisonnment of not less than twelve 
(12) years but not more than twenty (20) years, pay a fine of not less than two 
hundred fiifty thousand pesos (P250,000.00), and shall suffer perpetual 
disqualification from holding any public office. 
SEC. 6. civil Liability - The prosecution of offenders based on this Act shall 
in no way prejudice the right of a party to file appropriate civil action. 
SEC. 7. Extradi(ioH1/Sanctions - Any violations related herein shall be subject 
to Extradition by any requesting state. 
SEC. 8. Jurisdiction and Venue - The criminal and civil action for damages 
as provided in this Act, shall be filed simultaneously or separately with the Regional Trial 
Court of the province or city where the pornographic material was first published or 
broadcasted or exhibited or where any ofthe offended parties actually resides at the time 
of the commission of the offense: Provided However, That the civil action shall be filed 
in the same court where the criminal action is filed and vice versa: Provided, Jifrfher, 
That the court where the criminal action or civil action for damages is first filed, shall 
acquire jurisdiction to the exclusion of other courts. 
Preliminary investigation of criminal action as provided for in this act shall be 
conducted by the provincial or city prosecutor of the province or city, or by the municipal 
court of the city or capital of the province where such action may be instituted in 
accordance with the provisions of this article. 
SEC. 9. ~
~
~
a
~
~
~
~
Clause - If for any provision of this Act is held invalid, 
the other provisions of this act shall not affected shall remain in full force and effect. 
5 


~e~~~~~ Clause - All laws, decrees, orders, rules and regulations, 
or portion thereof inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 11. E
~
~
~
~
i
~
~
~
- 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, whichever comes earlier. 
Approved, 
6