HB 4509 prohibit the use of sex toys and gadgets

Possession and distribution of sex toys and gadgets that are being used to stimulate human genitals will soon be prohibited.

Reps. Irwin Tieng and Mariano Michael Velarde (Party-list, Buhay), authors of House Bill 4509, said there is now an influx of commonly called sex toys and gadgets in the country, especially in Metro Manila.

"The influence of obscene devices designed primarily for the physical stimulation of human genitals may seem unnoticed. The proliferation of these obscene devices which are insensitively and openly displayed in shops or stalls is very alarming," Tieng said.

Tieng said the public, especially minors who are being exposed to these obscenities, may suffer disturbing effects and could trigger sexually impure ideas and acts that give room to sex related offenses.

Velarde said the bill aims to penalize the distribution, possession with intent to distribute and production of any obscene device designed or marketed as useful primarily for the physical stimulation of human genital organs for anything of pecuniary value in order to protect the morals of the society.

"This is also in keeping with the policy of the State to value the dignity of every human person and to promote and safeguard its integrity and the moral, spiritual and social being of its citizenry from the pernicious effects of obscene devices," Velarde stressed.

Under the measure, a person can be criminally liable if he, being a wholesaler knowingly distributes, possesses with intent to distribute, or offers or agrees to distribute, for the purpose of resale or commercial distribution and retail of the same and knowingly produces or offers or agrees to produce the same.

A device not otherwise obscene may be obscene under the measure if the distribution of the device, the offer to do so, or the possession with the intent to do so, or production, the offer or agreement to do so, is a commercial exploitation of erotica solely for the sake of their prurient appeal.

The Departments of Trade and Industry (DTI), Interior and Local Government (DILG) and Justice (DOJ) are mandated to promulgate a procedure for the prosecution of violators and other necessary rules and regulations.

Violators shall be penalized with imprisonment of one year and a fine of P30,000.