Amending R.A. No. 11313 (Safe Spaces Act)

Oilin oft TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 14 P3:50 SENATE S.B. No. 565 RECEIVED UN INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT AMENDING REPUBLIC ACT NO. 11313 OTHERWISE KNOWN AS THE "SAFE SPACES ACT" AND FOR OTHER PURPOSES EXPLANATORY NOTE Republic Act No. 11313, or the Safe Spaces Act, was enacted to address gender-based sexual harassment in public spaces, educational and training institutions, workplaces, and online spaces. It is a landmark law that recognized the need to protect individuals-particularly women and other vulnerable persons-from unwanted and harmful behaviors that violate their safety, dignity, and autonomy. Since the passage of the law, new forms of abuse and exploitation have emerged, particularly in the digital space. The increasing use of deepfake technology and artificial intelligence to produce non-consensual pornographic materials has created new avenues for harassment. The Cybercrime Investigation and Coordinating Center (CICC) recorded over 10,000 cybercrime complaints in 2024 alone, with 3,251 more already reported in the first quarter of 2025, many involving deepfake-related incidents. This bill seeks to expand the scope of the Safe Spaces Act to address these technological developments by allowing victims to seek the take-down of manipulated or abusive digital content that violates their rights under the Act. Additionally, this bill aims to address recurring cases of serial sexual offenders in schools and training institutions. Under the current system, individuals accused or found guilty of sexual harassment may simply resign and transfer to another institution without accountability. The proposed amendments introduce safeguards to prevent those with a history of predatory behavior from being employed in positions that place them in close contact with children and students. The bill also defines grooming as a punishable offense. Grooming is a manipulative process in which a perpetrator builds trust with a child or vulnerable individual for the purpose of later exploitation or abuse. Recognizing grooming as a https://www.abs-cbn.com/news/technology/2025/4/7/tegislators-gov-t-urged-to-act-amid-widespread-deepfake-disruption-1226

form of gender-based harassment ensures that the law remains responsive to the evolving nature of abuse, particularly in digital contexts. Moreover, this bill proposes to increase the penalties for institutions, especially schools and workplaces, that fail to comply with the provisions of the Safe Spaces Act. The current maximum penalty of five thousand pesos (P5,000) for institutional non- compliance is insufficient to deter violations or compel institutions to take the law seriously. By increasing these penalties, the law will carry more weight and better serve its protective purpose. Ultimately, this measure affirms the right of every person to be free from harassment in all spaces-physical or virtual-and seeks to ensure that mechanisms for protection and accountability evolve alongside the changing nature of harm. The proposed amendments build on the foundations of the Safe Spaces Act, strengthening its capacity to uphold respect, dignity, and safety for all. Hence, the immediate passage of this measure is earnestly sought. SALVER Saraged RISA HONTIVEROS Senator

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 P3:50 SENATE RECEWED BI: S.B. No. 565 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT AMENDING REPUBLIC ACT NO. 11313 OTHERWISE KNOWN AS THE "SAFE SPACES ACT" AND FOR OTHER PURPOSES Be It enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 3 of Republic Act No. 11313 shall be amended to read as

follows: "Definition of terms: XXX (g) Public spaces refer to streets and alleys WHETHER IN URBAN OR RURAL AREAS, public parks, schools, buildings, malls, bars, restaurants, FIELDS AND FARMS, COASTAL AREAS, transportation terminals, public markets, MULTI-PURPOSE HALLS, spaces used as evacuation centers, government offices, public utility vehicles as well as private vehicles covered by app-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theaters and spas; and (H) GROOMING REFERS TO PREDATORY CONDUCT, ACT, OR PATTERN OF ACTS, OF ESTABLISHING A RELATIONSHIP OF TRUST, OR EMOTIONAL CONNECTION BY ANOTHER, WITH A CHILD OR SOMEONE WHO IS BELIEVED TO BE A CHILD, AND/OR THE FAMILY, GUARDIAN, AND/OR CAREGIVERS, WHETHER IN PERSON OR VIA ELECTRONIC AND OTHER SIMILAR DEVICES, FOR THE PURPOSE OF PERPETRATING SEXUAL ABUSE OR EXPLOITATION"

Sec. 2. Section 12 of Republic Act No. 11313 shall be amended to read as

follows:

Section 12. Gender-Based Online Sexual Harassment. -Gender-based online

sexual harassment includes acts that use information and communications technology, INCLUDING ARTIFICIAL INTELLIGENCE AND OTHER EMERGING TECHNOLOGIES, in terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages, invasion of victim's privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording and sharing of any of the victim's photos, videos, or any information online, impersonating identities of victims online or posting lies about victims to harm their reputation, or filing, false abuse reports to online platforms to silence victims.

Sec. 3. Section 14 of Republic Act No. 11313 shall be amended to read as follows:

"XXX INTERNET INTERMEDIARIES SHALL IMMEDIATELY BLOCK ACCESS TO, REMOVE OR TAKE DOWN THE INTERNET ADDRESS, UNIFORM RESOURCE LOCATOR (URL), WEBSITES OR ANY CONTENT THEREOF CONTAINING MATERIAL CONSTITUTING VIOLATIONS OF THIS ACT, WITHIN TWENTY-FOUR (24) HOURS FROM RECEIPT OF NOTICE FROM A COMPETENT AUTHORITY: PROVIDED, THAT THESE INTERMEDIARIES SHALL PRESERVE WITHIN SIX (6) MONTHS FROM THE DATE OF THE TRANSACTION EXTENDIBLE FOR ANOTHER SIX (6) MONTHS OR DURING THE PENDENCY OF THE CASE, ALL SUBSCRIBER'S OR REGISTRATION INFORMATION AND TRAFFIC DATA IN ITS CONTROL AND POSSESSION: PROVIDED FURTHER, THAT IN THE CASE OF CONTENT DATA, THE SAME SHALL BE PRESERVED WITHIN ONE (1) YEAR, AND UPON NOTICE BY THE COMPETENT AUTHORITY, THE PRESERVATION SHALL BE EXTENDIBLE FOR ANOTHER SIX (6) MONTHS: PROVIDED FINALLY, THAT THE COMPETENT AUTHORITY SHALL, AS FAR AS PRACTICABLE, EXPRESSLY IDENTIFY AND SPECIFY SUCH RELEVANT EVIDENCE THAT NEEDS PRESERVATION."

Sec. 4. Section 16 of Republic Act No. 11313 shall be amended to read as

follows:

'"XXX ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL, UPON CONVICTION, BE PENALIZED BY IMPRISONMENT OF NOT LESS THAN ONE (1) MONTH NOR MORE THAN SIX (6) MONTHS, OR A FINE OF NOT LESS THAN TEN THOUSAND PESOS (P10,000) NOR MORE THAN ONE HUNDRED THOUSAND PESOS (P100,000)), OR BOTH, AT THE DISCRETION OF THE COURT.

Sec. 5. Section 19 of Republic Act No. 11313 shall be amended to read as

9 follows: "Section 19. Liability of Employers. - In addition to liabilities for committing acts of gender-based sexual harassment, employers may also be held responsible for: a) Non-implementation of their duties under Section 17 of this Act, as provided in the penal provisions; or b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace. Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than [Five] ONE HUNDRED thousand pesos (P [5) 100,000.00) nor more than [Fen] THREE HUNDRED thousand pesos (P t1) 300,000.00). Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than [Fen] THREE HUNDRED thousand pesos (P [1} 300,000.00) nor more than [Fifteen] FIVE HUNDRED thousand pesos (P [1] 500,000.00). ANY PERSON WHO VIOLATES SUBSECTIONS (A) OR (B) OF THIS SECTION SHALL, UPON CONVICTION, BE MADE LIABLE TO PAY EXEMPLARY DAMAGES IN THE AMOUNT OF THREE HUNDRED THOUSAND PESOS (P300,000.00)."

Sec. 6. A new Section 21 shall be inserted as follows, with the provisions below

it renumbered accordingly:

SECTION 21.

GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING INSTITUTIONS. -THE CRIME OF

GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING INSTITUTIONS INCLUDES THE FOLLOWING: (A) AN ACT OR SERIES OF ACTS INVOLVING ANY UNWELCOME SEXUAL ADVANCES, REQUESTS OR DEMAND FOR SEXUAL FAVORS OR ANY ACT OF SEXUAL NATURE, WHETHER DONE VERBALLY, PHYSICALLY OR THROUGH THE USE OF TECHNOLOGY SUCH AS TEXT MESSAGING OR ELECTRONIC MAIL OR THROUGH ANY OTHER FORMS OF INFORMATION AND COMMUNICATION SYSTEMS; (B) A CONDUCT OF SEXUAL NATURE AND OTHER CONDUCT- BASED ON SEX AFFECTING THE DIGNITY OF A PERSON, WHICH IS UNWELCOME, UNREASONABLE, AND OFFENSIVE TO THE RECIPIENT, WHETHER DONE VERBALLY, PHYSICALLY OR THROUGH THE USE OF TECHNOLOGY SUCH AS TEXT MESSAGING OR ELECTRONIC MAIL OR THROUGH ANY OTHER FORMS OF INFORMATION AND COMMUNICATION SYSTEMS, INCLUDING ARTIFICIAL INTELLIGENCE TECHNOLOGIES; (C) A CONDUCT THAT IS UNWELCOME AND PERVASIVE AND CREATES AN INTIMIDATING, HOSTILE OR HUMILIATING ENVIRONMENT FOR THE RECIPIENT: PROVIDED, THAT THE CRIME OF GENDER-BASED SEXUAL HARASSMENT MAY ALSO BE COMMITTED BETWEEN PEERS AND THOSE COMMITTED TO A SUPERIOR OFFICER BY A SUBORDINATE, OR TO A TEACHER BY A STUDENT, OR TO A TRAINER BY A TRAINEE; PROVIDED FURTHER, THAT THE OFFENSE NEED NOT TAKE PLACE WITHIN THE PHYSICAL JURISDICTION OF THE SCHOOL, OR DURING SCHOOL-SANCTIONED ACTIVITIES, IF THE VICTIM AND THE OFFENDER ARE STUDENT/S, EMPLOYEES, SERVICE PROVIDERS, OR OFFICERS OR ADMINISTRATORS OF THE SCHOOL. (D) CONDUCT THAT CONSTITUTES GROOMING IN ACCORDANCE WITH SECTION 3 OF THIS ACT. INFORMATION AND COMMUNICATION SYSTEM REFERS TO A SYSTEM FOR GENERATING, SENDING, RECEIVING, STORING OR OTHERWISE PROCESSING ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS AND INCLUDES THE COMPUTER SYSTEM OR OTHER SIMILAR DEVICES BY OR IN WHICH DATA ARE RECORDED OR STORED AND ANY PROCEDURE RELATED TO THE RECORDING OR

STORAGE OF ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ACT SHALL, UPON CONVICTION, BE PENALIZED BY IMPRISONMENT OF NOT LESS THAN ONE (1) MONTH NOR MORE THAN SIX (6) MONTHS, OR A FINE OF NOT LESS THAN TEN THOUSAND PESOS (P10,000) NOR MORE THAN ONE HUNDRED THOUSAND PESOS (P100,000)), OR BOTH, AT THE DISCRETION OF THE COURT. IF THE PERPETRATOR IS AN ADULT AND THE VICTIM IS A CHILD, THE PENALTY OF IMPRISONMENT SHALL BE IMPOSED MANDATORILY. WITHIN SIX (6) MONTHS FROM THE PASSAGE OF THIS ACT, THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF EDUCATION, THE COMMISSION ON HIGHER EDUCATION, AND THE CHILD WELFARE COUNCIL (CWC) SHALL FORMULATE RULES FOR THE INSTITUTIONALIZATION OF A PRE-HIRING SAFETY CLEARANCE MECHANISM TO ENSURE THAT ADULTS REGULARLY WORKING IN CLOSE PROXIMITY TO MINORS, SUCH AS TEACHERS AND OTHER SCHOOL PERSONNEL, HAVE NO HISTORY OF ABUSIVE OR PREDATORY BEHAVIOR. THIS PRE-HIRING SAFETY CLEARANCE SHALL NOT BE UNDULY BURDENSOME TO APPLICANTS, AND SHALL BALANCE THE INTERESTS OF DUE PROCESS AND CHILD SAFETY. GENDER SENSITIVITY AND CHILD PROTECTION TRAININGS SHALL BE MANDATORY FOR ALL STAFF.

Sec. 7. Section 23 of Republic Act No. 11313 shall be amended as follows:

"Section _ _ In addition to liabilities for committing acts of gender-based sexual harassment, principals, school heads, teachers, instructors, professors, coaches, trainers, or any other person who has authority, influence, or moral ascendancy over another in an educational or training institution, may also be held responsible for: a) Non-implementation of their duties under Section 21 of this Act, as provided in the penal provisions; or b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace; OR c) VIOLATING THE RIGHTS OF THE VICTIM AGAINST RETRIBUTION AND TO CONFIDENTIALITY.

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than [Five] ONE HUNDRED thousand pesos (P [5} 100,000.00) nor more than [Fen] THREE HUNDRED thousand pesos (P [17 300,000.00). Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than [Fen] THREE HUNDRED thousand pesos (P [1] 300,000.00) nor more than [Fifteen] FIVE HUNDRED thousand pesos (P (= 500,000.00). ANY PERSON WHO VIOLATES SUBSECTIONS (A) OR (B) OF THIS SECTION SHALL, UPON CONVICTION, BE MADE LIABLE TO PAY EXEMPLARY DAMAGES IN THE AMOUNT OF THREE HUNDRED THOUSAND PESOS (P300,000.00)."

Sec. 8. Protection Orders. A new Section shall be inserted as follows:

"IN ADDITION TO THE RELIEFS PROVIDED UNDER THIS ACT, VICTIMS SHALL ALSO BE ENTITLED TO APPLY FOR A PROTECTION ORDER FOR THE PURPOSE OF PREVENTING FURTHER VIOLATIONS OF THIS ACT. APPLICATIONS FOR BARANGAY PROTECTION ORDERS SHALL FOLLOW THE RULES ON VENUE UNDER SECTION 409 OF THE LOCAL GOVERNMENT CODE OF 1991. AN APPLICATION FOR TEMPORARY OR PERMANENT PROTECTION ORDER MAY BE FILED IN THE TRIAL COURT WITH JURISDICTION OVER THE APPLICANT/VICTIM. WITHIN SIX (6) MONTHS FROM THE PASSAGE OF THIS ACT, THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT, AND THE PHILIPPINE COMMISSION ON WOMEN, SHALL FORMULATE RULES FOR THE IMPLEMENTATION OF THIS PROVISION. THE RELEVANT PROVISIONS OF REPUBLIC ACT NO. 9262 SHALL APPLY IN A SUPPLETORY MANNER."

Sec. 9. Section 36 of Republic Act No. 11313 is likewise amended to read as

follows: "Section 36. Prescriptive Period. - Any action arising from the violation of any of the provisions of this Act shall prescribe as follows: a) XXX b) XXX c) XXX

d) XXX e) Offenses committed under Sections 16 and 21 of this Act shall prescribe in [five (5)] TEN (10) years."

Sec. 10. Separability Clause. — If any provision of this Act shall be held

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

Sec. 11. Repealing Clause. - All laws, decrees, orders, issuances, and rules

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

Sec. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after

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