Proposed Anti-pornography law

Topics: Pornography, Human sexual behavior, Sexual intercourse Pages: 5 (1855 words) Published: October 2, 2013
An Act Prohibiting Pornography In Public Places, Prescribing Penalties Therefore and Other Purposes. Section 1. Short Title – This Act shall be known as the “Anti-Pornography Act.” Section 2. Declaration of Policy – The State recognizes the sanctity of sexual intercourse to be a private affair between married couples. And also, the State has the duty to protect the private affairs of married couples in their creation of a family. Towards this end, the State shall: a.) Protect the sanctity of sexual intercourse only to be known to married couples by prohibiting the distribution and presentation of any forms of pornographic material to the general public. b.) Promote the interest of the general welfare of the society by keeping the acts of married couples only for themselves in order to preserve the good customs of the Filipino family. Section 3. Definition of Terms – The terms to be addressed such as those of “Pornography” and “Explicit Sexual Activity” are those similar to Republic Act No. 9775 otherwise known as “ AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES. “ This is quoted as a reference in order to avoid conflict between such acts. a.) “Pornography" refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of Persons engaged or involved in real or simulated explicit sexual activities. b.) "Explicit Sexual Activity" includes actual or simulated – 1. As to form :

(i.) Sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex; 2. bestiality;

3. masturbation;
4. sadistic or masochistic abuse;
5. lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or 6. use of any object or instrument for lascivious acts
c.) Public Places refers to establishments or an area where a numerous people gather whether for whatever purpose it may be. As long as there will be numerous people gathered in an area, then it will be referred to as a Public Place as so far as this bill is concerned. d.) Distribution refers any method or form of sharing, delivery, giving out of one material unto another. e.) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person: a.) To present/show any forms of pornography unto another person or persons whether it be voluntary or involuntary in public places. b.) To promote pornography by distribution of any pornographic material unto another person. c.) To be caught on possession of any forms of pornography in any kinds of media in a public place. d.) To be the owner of any form establishment that will allow the access of any pornographic material e.g. computer shops. e.) To produce any forms of pornographic material illegally. Section 5. Authority of law enforcement officers – Any law enforcement officer shall only reasonable search any person for the possession of any forms of pornographic material, if there be reasonable belief that the suspected person shall have the pornographic material in his/her possession. Section 6. Who may file a complaint – Complaints on cases of about any form of pornography caught on public and other offenses punishable under this Act may be filed by the following: a.) Any person whom have legal capacity which caught the accused to be violating this act. b.) Any law enforcement officer.

Section 7. Appointment of Prosecutors. - The Department of Justice (DOJ) shall appoint or designate prosecutors to prosecute cases for the violation of this Act. Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be assigned upon the Criminal Courts which has territorial jurisdiction over the place where the violation was committed. Section 9....
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