Prohibiting Online Publication and Promotion of Gambling Related Content

SHITES Wife of tie TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 JUL 10 P2:28 First Regular Session SENATE RECEIVED EV: S. B. No. _ Introduced by Senator Robinhood Padilla AN ACT PROHIBITING ONLINE PUBLICATION AND PROMOTION OF GAMBLING- RELATED CONTENT PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES

Section 9, Article II of the 1987 Constitution provides that it is the policy of the

State to promote just and dynamic social order that will ensure the prosperity of our nation. One of the persistent threats to achieving such a social order is the prevalence of gambling, which has been consistently associated with addiction, criminal activities, and other social issues that undermine the moral fabric of our society. The Supreme Court, in Lim v. Pacquing (G.R. No. 115044, January 27, 1995), aptly recognized that "gambling is essentially antagonistic to the objectives of national productivity and self- reliance; it is a vice and a social ill which the government must minimize or eradicate in pursuit of social and economic development." In light of the rapid development and growing influence of digital platforms and social media, it has come to this representation's attention that user-generated content promoting, demonstrating, or providing instructions on gambling activities is readily accessible to the general public, including vulnerable sectors such as the youth. In response to these concerns, this legislative measure seeks to prohibit the online publication, dissemination, or promotion of materials that instruct or

demonstrate gambling activities, as well as commentaries and advertisements that encourage or normalize participation in such activities. This proposed legislation aims to reduce, if not altogether eliminate, public exposure to gambling-related content, thereby mitigating its harmful effects on individuals, families, and communities. It represents a proactive step towards safeguarding public welfare and upholding the constitutional mandate to promote a just, moral, and productive society. In view of the foregoing, the immediate passage of this bill is earnestly sought. ROBINHOOD C. PADILLA Senator

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) 25 MUL 10 P2:28 First Regular Session ) RECEIVED BY SENATE S. B. No. _ Introduced by Senator Robinhood Padilla AN ACT PROHIBITING ONLINE PUBLICATION AND PROMOTION OF GAMBLING- RELATED CONTENT PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Declaration of Policy. — It is the policy of the State to protect its

people from all matters affecting the security of its social order, particularly the preservation of good order and public morals. Consistent thereto is the adoption of 4 measures to suppress gambling, which has been a notorious social menace impairing 5 family relationships, finances, and values.

Sec. 2. Definition of Terms. —

(a) Internet refers to an international computer network of interoperable packet-switched data networks. It includes the electronic medium in which online communication takes place; (b) Gambling refers to the betting or staking of something of value, with consciousness of risk and hope of gain, on the outcome of a game, a contest, or an uncertain event whose result may be determined by chance or accident or have an unexpected result by reason of the bettor's miscalculation. It is likewise the practice or activity of betting or the practice of risking money or other stakes in the game or a bet;

(c) Online content refers to the textual, aural, or visual content published on a website including social media platforms; (d) Promotion refers broadly to any event, activity, display, or paid endorsement organized to promote online gambling or any provider of the same, including sponsorship and logo use in any form of mass media; (e) Publication refers to a communication to a third party whether printed, posted online, or otherwise disseminated; (f) Service Providers refers to: (i) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and (ii) Any other entity that processes or stores computer data on behalf of such communication service or its users.

Sec. 3. Prohibited Contents. — It shall be unlawful for any person, natural or

15 juridical, to: (a) instruct or demonstrate gambling, or to distribute information online, in whole or in part, on placing, receiving, or otherwise knowingly transmitting a bet or wager by any means; (b) to cause the publishing of commentaries on gambling activities through online platforms; and (c) to advertise or publicize gambling activities online to an individual, group, or the general public, or promote awareness of the gambling activities: Provided, that this Act shall not apply to state-run or legitimate operators of 25 gambling activities publishing any of the abovementioned contents on their official websites.

Sec. 4. Restricting or Blocking Access to Prohibited Content. — When an online

2 content is prima facie found to be in violation of the provisions of this Act, the 3 Department of Justice (DOJ) shall issue a disabling order to restrict or block access to such content with notice to the Department of Information and Communications 5 Technology (DICT) and National Telecommunications Commission (NTC) to monitor 6 compliance thereto.

Sec. 5. Duty of Service Providers. - Service providers must comply with the

8 disabling orders within forty-eight (48) hours of the issuance of the disabling order 9 and must disable the pages bearing the prohibited contents penalized under this Act 10 by implementing an effective technical measure to disable or prevent access thereto which may include domain name system (DNS) blocking, IP blocking, URL blocking, server name indicator blocking, or other means.

Sec. 6. Penalties. - Any person who shall publish any of the following

prohibited online content mentioned in Section 4 of this Act shall be punished with a 15 penalty of imprisonment ranging from six (6) months to one (1) year or a fine not less 16 than Three Hundred Thousand Pesos (P300,000.00) but not more than Five Hundred 17 Thousand Pesos (P500,000.00). The maximum penalty of three (3) years imprisonment and the fine of Five 19 Hundred Thousand Pesos (P500,000.00) shall likewise be imposed if the offender has 20 linked the prohibited content to an online gambling site, or has received any form of 21 remuneration or commissions for publishing the prohibited content. If the offender is a juridical person, the maximum penalty of three (3) years 23 imprisonment and a fine of Five Hundred Thousand Pesos (P500,000.00) shall be 24 imposed upon the President, director/s, manager, or managing partner/s, and/or 25 responsible officer/s thereof.

Sec. 7. Jurisdiction. - The Regional Trial Court shall have jurisdiction over any

27 violation of the provisions of this Act, including any violation committed by a Filipino 28 national, regardless of the place of commission.

Sec. 8. Implementing Rules and Regulations. — Within thirty (30) days from

2 the effectivity of this Act, the Department of Justice (DO)) and, in consultation with 3 the Department of Information and Communications Technology (DICT), other 4 appropriate government agencies, and other stakeholders, shall promulgate the rules 5 and regulations for the effective implementation of this Act.

Sec. 9. Separability Clause. — If any provision of this Act shall be held

7 unconstitutional or invalid, the other provisions not otherwise affected shall remain in 8 full force and effect.

Sec. 10. Repealing Clause. - All laws, decrees, orders, issuances, and rules

10 and regulations or parts thereof inconsistent with the provisions of this Act are hereby 11 repealed or modified accordingly.

Sec. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after

13 its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,