Citing one online forum called "Boy Bastos," Legarda said that her Anti-Computer
Pornography Act aims to "reinforce the war on electronic smut."
Under Senate Bill 1375, people found peddling child pornography and other
"indecent materials" online would be punished with up to six years in prison or
a fine of as much as P500,000, or both, as indicated in her bill, a copy of
which was obtained by INQUIRER.net.
The proposed law wants to make "any remote computer facility operator,
electronic service provider or electronic bulletin board service provider to
knowingly transmit, offer or attempt to send any communication that contains
indecent material, to a person under 18 years of age" unlawful.
Legarda also stressed the need for Congress "to protect children from indecent
and immoral materials conveyed through computer technology."
"Our biggest worry here is free access. Other adult sites at least require
prior user registration and credit card details, which somehow help to screen
or discourage minors," Legarda said.
The bill defines indecent materials as those "obscene literature or indecent or
immoral plays, scenes, acts, or shows, whether live or in film."
"These include materials that glorify criminals or condone crimes; serve no
other purpose but to satisfy the market of violence, lust or pornography;
offend any race or religion; tend to abet traffic in and use of illicit drugs;
and are contrary to law, public order, morals, good customs, established
policies, lawful order, decrees and edicts," the bill explained.
Legarda urged agencies like the Inter-Agency Council Against Trafficking
(IACAT) to look into websites containing porn or related materials.
The IACAT is composed of the departments of justice, social welfare, foreign
affairs and labor, as well as the immigration bureau, the police, Philippine
Overseas Employment Administration, National Commission on the Role of Filipino
Women and three groups representing women, children and overseas workers.
Senator Ma. Ana Consuelo Madrigal also filed a similar bill two years ago that
wanted to make the mere possession of child pornography a crime.
Republic Act 7610, the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act," currently penalizes child prostitution
and sexual abuse, child trafficking, and obscene publications and indecent
shows involving minors.
State Prosecutor Geronimo Sy said there are other laws like Republic Act 8792,
or the E-commerce Act, and the Republic Act 9208, also known as the
Anti-Trafficking Persons Act, that can be used to penalize online peddlers of
child pornography.
"All these laws can serve as a start for protecting our children," he said in a
telephone interview. But as to laws prohibiting distribution of online
pornography in general, there exist no "focused" legislations yet.
