Online Gambling Ban and Digital Protection Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session A11:36 JUL 14 SENATE RECEIVED O S. No. _ Introduced by Senator Loren Legarda AN ACT PROHIBITING ONLINE GAMBLING AND THE PROMOTION OF GAMBLING- RELATED CONTENT, STRENGTHENING DIGITAL ENFORCEMENT, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Placing a bet has never been more accessible, especially for minors. What was once largely confined to licensed casinos in select tourist zones has now expanded into the digital sphere, where gambling is available at the touch of a screen. Across the Philippines, individuals, both adults and including minors, can now easily access online betting platforms, digital lotteries, and mobile games that incorporate gambling-like features such as loot boxes, virtual casinos, and simulated wagering. This rapid expansion has blurred the lines between regulated gaming and unchecked online gambling, exposing even the most vulnerable sectors of society to addiction, exploitation, and financial harm. The increasing prevalence of online gambling in the Philippines has exposed Filipinos, especially minors, students, and low-income workers, to highly addictive and financially ruinous behaviors. Online gambling bypasses traditional safeguards and leverages modern technology to reach users even in the privacy of their homes.

Online gambling platforms make it alarmingly easy to conceal one's true identity, allowing both minors and adults to access and participate in gambling activities without effective age or identity verification mechanisms. This lack of robust safeguards enables underage users to bypass restrictions and exposes them to serious psychological and financial risks. As evidenced by reports of family breakdowns, suicides, mounting personal debts, and gambling-linked crimes, the social costs of these activities far outweigh any economic gains. The normalization of gambling content on digital platforms, including tutorials, commentaries, and promotional advertisements, further embeds the culture of gambling among the youth. This proposed measure adopts a comprehensive approach by not only banning online gambling activities but also prohibiting its promotion and glorification across media and digital platforms. It institutionalizes mechanisms for digital takedown and blocking orders, with emphasis on inter-agency cooperation among the DOJ, DICT, and NTC. In view of the foregoing, the immediate passage of this measure is earnestly sought. -LOREN LEGARDA

TWENTIETH CONGRESS OF THE ) ) REPUBLIC OF THE PHILIPPINES First Regular Session JUL 14 A11 :36 SENATE RECEIVED E" S. No. — Introduced by Senator Loren Legarda AN ACT PROHIBITING ONLINE GAMBLING AND THE PROMOTION OF GAMBLING- RELATED CONTENT, STRENGTHENING DIGITAL ENFORCEMENT, 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. Short Title. - This Act shall be known as the "Online Gambling Ban

2 and Digital Protection Act."

Sec. 2. Declaration of Policy. - It is the declared policy of the State to uphold

public morality, promote mental and emotional well-being, prevent addiction, and 5 preserve the sanctity and integrity of the Filipino family as the foundation of the nation. 6 The State recognizes that the proliferation of online gambling poses significant threats 7 to the moral fabric of society, exposes individuals, particularly the youth and 8 economically vulnerable sectors, to financial ruin and psychological harm, and 9 undermines the principles of responsible citizenship. In pursuit of these objectives, the State shall adopt a comprehensive approach to prohibit online gambling and all forms of internet-based wagering or betting activities. It shall likewise suppress the publication, advertisement, facilitation, or promotion of gambling content in online platforms and digital media. The State shall safeguard individuals, especially minors, students, and persons 15 with existing mental health or financial vulnerabilities, from the risks and 16 consequences associated with online gambling. Furthermore, it shall strengthen 17 regulatory mechanisms in digital environments through inter-agency coordination,

enhance monitoring and enforcement capabilities, and hold accountable those who 2 enable or benefit from online gambling operations.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms are

4 defined as follows: a. "Internet" refers to the global system of interconnected networks using standardized communication protocols. b. "Online Gambling" refers to placing, receiving, or transmitting bets or wagers by electronic means, including the internet, mobile apps, and digital platforms. It includes, but is not limited to, online casinos, sports betting, e-sabong, digital lotteries, online slot machines, and other internet-based wagering systems. c. "Gambling Content" refers to any online material-textual, aural, or visual-that demonstrates, promotes, teaches, or advertises gambling or betting activities. d. "Service Providers" refers to platforms, websites, or entities enabling communication, hosting, or dissemination of online content. e. "Vulnerable Sectors" include minors, students, individuals with diagnosed addictive behavior, and low-income households.

Sec. 4. Prohibited Acts. - The following acts shall be considered unlawful and

are hereby expressly prohibited: 1. To engage in any form of online gambling activity, whether as a bettor, player, operator, or facilitator, including but not limited to placing or receiving bets, wagers, or stakes through the use of the internet, mobile applications, digital platforms, or any other electronic or virtual means. This includes online casinos, sports betting, e-sabong or online cockfighting, electronic lotteries, online slot machines, and similar internet-based wagering systems. 2. To publish, disseminate, or cause the publication or dissemination of any gambling-related content through websites, applications, social media platforms, live streaming services, or any other digital or online medium. This includes but is not limited to promotional articles, gameplay videos,

tutorials, live betting demonstrations, or any content that depicts or encourages gambling behavior. 3. To promote, advertise, or endorse, directly or indirectly, any online gambling site, application, event, brand, or activity through paid or unpaid digital marketing, influencer content, affiliate links, or sponsorship arrangements, whether for local or foreign gambling operations. 4. To operate, maintain, control, manage, or participate in the development, hosting, or technical servicing of any online platform, website, or mobile application that facilitates, promotes, or enables online gambling or wagering activities. This includes payment processors, virtual wallets, and gaming service providers that knowingly support or benefit from such unlawful operations. All acts enumerated herein shall be punishable under this Act, without prejudice 15 to prosecution under other applicable laws.

Sec. 5. Enforcement and Blocking Mechanism. - The Department of Justice

17 (DO]), upon prima facie determination of a violation, shall issue a Disabling Order directing the Department of Information and Communications Technology (DICT) and 19 the National Telecommunications Commission (NTC) to block, restrict, or take down gambling content or sites using technical measures such as IP/DNS/URL blocking or de-indexing.

Sec. 6. Duties of Online Service Providers. - All online service providers,

including but not limited to internet service providers (ISPs), mobile network operators, website hosting services, social media platforms, application stores, and content platforms, shall be mandated to exercise proactive and responsive measures in the enforcement of this Act, to wit: Service providers shall act on any blocking or takedown order issued by the 28 NTC, the DICT, or the DOJ within a period not exceeding forty-eight (48) hours from 29 receipt thereof. Upon receipt of such an order, the service provider shall immediately remove or disable access to any gambling-related content or platform accessible within the territorial jurisdiction of the Republic of the Philippines.

All online service providers shall establish and maintain internal mechanisms, 2 systems, or procedures capable of detecting, monitoring, and flagging online gambling 3 activities, including but not limited to the promotion, advertising, hosting, or facilitation 4 of gambling in any form. Detected violations shall be promptly reported to both the 5 DICT and the DOJ for appropriate legal action. Any service provider that is found to have knowingly permitted, ignored, or 7 failed to take action against the proliferation or continued accessibility of online & gambling content in its platform, despite knowledge or receipt of notice, shall be held 9 administratively and civilly liable under this Act and may face corresponding penalties, including fines, revocation of license to operate, or other sanctions as may be deemed appropriate.

Sec. 7. Penalties for Individual Offenders. - Any individual found guilty of

violating the provisions of this Act, including the act of participating in, facilitating, or promoting online gambling, shall be penalized with imprisonment of not less than six 15 (6) months but not more than one (1) year, or a fine ranging from Three Hundred 16 Thousand Pesos (P300,000.00) to Five Hundred Thousand Pesos (P500,000.00), or 17 both, at the discretion of the court. In cases where the offender is a public officer or employee, the penalty imposed shall be the maximum penalty provided under this Act. In addition to imprisonment and fine, the offender shall suffer the accessory penalty of perpetual disqualification from holding public office and from exercising the right to vote and to participate in any public election.

Sec. 8. Penalties for Juridical Offenders. - If the violation is committed by a

juridical person such as a corporation, partnership, or association, the entity shall be liable to pay a fine of not less than Five Hundred Thousand Pesos (P500,000.00). The responsible officers, such as directors, trustees, partners, managers, or any person acting on behalf of the entity who knowingly permitted or failed to prevent the commission of the prohibited act, shall be held personally liable and may be sentenced to imprisonment of up to three (3) years, without prejudice to other criminal or civil liabilities under existing laws. Service providers who willfully and deliberately refuse to implement valid takedown or blocking orders issued by the competent authorities shall be subject to a

1 fine of not less than One Million Pesos (P1,000,000.00) for each act of non-compliance. 2 Repeated violations shall constitute grounds for the suspension or revocation of their licenses, permits, or authority to operate in the Philippines.

Sec. 9. Public Education and Reporting. - The Department of Education

5 (DepEd), the Commission on Higher Education (CHED), and the Department of Health 6 (DOH) shall jointly develop and implement a comprehensive public education and 7 reporting program to ensure a whole-of-government approach in addressing the 8 harmful effects of online gambling. The aforementioned agencies shall integrate anti-gambling education modules 10 into the curriculum of public and private basic and higher educational institutions. These modules shall include information on the psychological, financial, and social consequences of gambling, as well as mechanisms for prevention, early detection, and intervention. The said agencies shall launch nationwide public awareness campaigns that disseminate accurate and compelling information regarding the risks of online gambling, particularly targeting youth, parents, and educators. These campaigns shall be delivered through traditional and digital media platforms, including schools, community centers, and public spaces. Finally, the agencies shall establish and maintain accessible hotlines and referral centers that provide counseling, psychological support, and referral services for individuals and families affected by gambling addiction or related harms. These centers shall operate in coordination with local government units and accredited non- government organizations to ensure reach and responsiveness.

Sec. 10. Implementing Rules and Regulations. - Within sixty (60) days from the

effectivity of this Act, the DOJ, DICT, and NTC, in coordination with other concerned agencies and stakeholders, shall jointly promulgate the necessary implementing rules and regulations (IRR) to carry out the provisions of this Act.

Sec. 11. Repealing Clause. - All laws or issuances inconsistent with the

provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 12. Separability Clause. - If any provision of this Act is declared

unconstitutional, the remaining provisions shall remain in full force and effect.

Sec. 13. Effectivity. This Act shall take effect 15 days after its publication in the

Official Gazette or in a newspaper of general circulation. Approved,