Solon wants stricter penalties against online porn peddlers

By Erwin Oliva - INQUIRER.net

MANILA, Philippines -- Opposition senator Loren Legarda wants to impose heavier penalties against peddlers of pornography on the Internet.

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."

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.