Article 154Act No. 3815, Sec./Art. 154

Unlawful use of means of publication.-The penalty of arresto mayor or a fine ranging from 200 to 1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication, shall maliciously publish as news any false news which may endanger the public order or cause damage to the interest or credit of the State;

2. Any person who by the same means, shall encourage disobedience to the law or to the constituted authorities or praise, justify or extol any act punished by law;

3. Any person who shall maliciously publish any official resolution or document without proper authority, or before they have been published officially; or

4. Any person who shall print or publish books, pamphlets, periodicals, or leaflets which do not bear the real printer's name.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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.

Furthermore, an ISP shall preserve such evidence for

purpose of investigation and prosecution by relevant

authorities.

An ISP shall, upon the request of proper authorities,

furnish the particulars of users who gained or attempted

to gain access to an internet address which contains any

form of child pornography.

All ISPs shall install available technology, program or

software to ensure that access to or transmittal of any

form of child pornography will be blocked or filtered.

An ISP who shall knowingly, willfully and intentionally

violate this provision shall be subject to the penalty

provided under Section 15(k) of this Act.

The

National

Telecommunications

Commission (NTC)

shall

promulgate

within

ninety

(90)

days

from

the

effectivity of this Act the necessary rules and regulations

for the implementation of this provision which shall

include,

among

others,

the

installation

of

filtering

software that will block access to or transmission of any

form of the child pornography.

Section 10. Responsibility of Mall Owners/Operators and

Owners or Lessors of Other Business Establishments. - All

mall owners/operators and owners or lessors of other

business establishments shall notify the PNP or the NBI

within

seven

(7)

days

from

obtaining

facts

and

circumstances

that

child

pornography

is

being

committed

in

their

premises.

Provided,

That

public

display of any form of child pornography within their

premises is a conclusive presumption of the knowledge

of the mall owners/operators and owners or lessors of

other business establishments of the violation of this Act:

Provided,

further,

That

a

disputable presumption of

knowledge

by mall owners/operators and owners or

lessors of other business establishments should know or

reasonably know that a violation of this Act is being

committed in their premises.

Photo developers, information technology professionals,

credit card companies and banks and any person who

has direct knowledge of any form of child pornography

activities shall have the duty to report any suspected child

pornography materials or transactions to the proper

authorities within seven (7) days from discovery thereof.

Any willful and intentional violation of this provision shall

be subject to the penalty provided under Section 15(l) of

this Act.

Section 11. Duties of an Internet Content Host. - An

internet content host shall:

(a) Not host any form of child pornography on its internet

address;

(b) Within seven (7) days, report the presence of any form

of child pornography, as well as the particulars of the

person

maintaining,

hosting,

distributing

or

in

any

manner contributing to such internet address, to the

proper authorities; and

(c) Preserve such evidence for purposes of investigation

and prosecution by relevant authorities.

An internet content host shall, upon the request of proper

authorities, furnish the particulars of users who gained or

attempted to gain access to an internet address that

contains any form of child pornography.

An internet content host who shall knowingly, willfully

and intentionally violate this provision shall be subject to

the penalty provided under Section 15(j) of this Act:

Provided, That the failure of the internet content host to

remove any form of child pornography within forty-eight

(48) hours from receiving the notice that any form of

child pornography is hitting its server shall be conclusive

evidence of willful and intentional violation thereof.

Section 12. Authority to Regulate Internet Café or Kiosk. -

The

local

government

unit

(LGU)

of

the

city

or

municipality where an internet café or kiosk is located

shall have the authority to monitor and regulate the

establishment and operation of the same or similar

establishments

in

order

to

prevent

violation

of the

provisions of this Act.

Section 13. Confidentiality. - The right to privacy of the

child shall be ensured at any stage of the investigation,

prosecution

and

trial

of

an offense under this Act.

Towards this end, the following rules shall be observed:

(a) The judge, prosecutor or any officer of the law to

whom the complaint has been referred to may, whenever

necessary to ensure a fair and impartial proceeding and

after considering all circumstances for the best interest of

the

child

conduct

a

closed-door

investigation,

prosecution or trial;

(b) The name and personal circumstances of the child,

including the child's immediate family, or any other

information tending to establish his/her identity shall not

be disclosed to the public;

(c) Any record regarding a child shall be confidential and

kept under seal. Except upon written request and order of

the court, a record shall be released only to the following:

(1) Members of the court staff for administrative use;

(2) The prosecuting attorney;

(3) Defense counsel;

(4) The guardian ad litem ;

(5) Agents of investigating law enforcement agencies and

(6) Other persons as determined by the court.

(d) Any form of child pornography that is part of the court

records

shall

be

subject

to

a protective order that

provides as follows:

(1) Any form of child pornography may be viewed only by

the

parties,

their

counsel,

their

expert

witness and

guardian ad litem ;

(2) Neither form of child pornography nor any portion

thereof shall be divulged to any other person, except as

necessary for investigation, prosecution or trial; and

(3) No person shall be granted access to any form of child

pornography or any part thereof unless he/she signs a

written affirmation that he/she has received and read a

copy of the protection order; that he/she submits to the

jurisdiction of the court with respect to the protective

order; and that, in case of violation thereof, he/she will be

subject to the contempt power of the court; and

(e) In cases when prosecution or trial is conducted behind

closed doors, it shall be unlawful for any editor, publisher

and reporter or columnist in case of printed materials,

announcer or producer in case of television and radio,

producer and director of a film in case of the movie

industry, or any person utilizing the tri-media facilities or

information

technology

to

publish

or broadcast the

names of the victims of any case of child pornography.

Any violation of this provision shall be subject to the

penalty provided for under Section 15(m) of this Act.

Section 14. Care, Custody and Treatment of a Child

Victim. - The DSWD shall ensure that the child who is a

victim of any form of child pornography is provided

appropriate care, custody and support for their recovery

and reintegration in accordance with existing laws.

The child and his family shall be entitled to protection as

well as to the rights and benefits of witnesses under

Republic Act No. 6981, otherwise known as "The Witness

Protection, Security and Benefit Act".

The child shall also be considered as a victim of a violent

crime defined under Section 3(d) of Republic Act No.

7309, otherwise known as "An Act Creating a Board of

Claims under the Department of Justice for Victims of

© Compiled By RGL

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