Internet Cafe

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AN ORDINANCE PRESCRIBING REGULATIONS ON THE OPERATION OF INTERNET CAFES AND OTHER SIMILAR BUSINESS ESTABLISHMENTS FOR THE PROTECTION OF CHILDREN THEREBY REPEALING OR AMENDING CERTAIN PROVISIONS OF SB ORDINANCE NO. 001, SERIES OF 2007 AND FOR RELATED PURPOSES

Transcript of Internet Cafe

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AN ORDINANCE PRESCRIBING REGULATIONS ON THE OPERATION OF INTERNET CAFES AND OTHER

SIMILAR BUSINESS ESTABLISHMENTS FOR THE PROTECTION OF CHILDREN THEREBY REPEALING

OR AMENDING CERTAIN PROVISIONS OF SB ORDINANCE NO. 001, SERIES OF 2007 AND FOR

RELATED PURPOSES

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WHEREAS, the internet and similar information technology services are becoming more significant in the modern life today and in the future due to their increasing importance in education, research, conduct of business, communication, entertainment, and other undertakings.

WHEREAS, the internet and similar information technology services have changed the way of life of the people due to the advance and easy access to information and communication that they provided.

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WHEREAS, being providers of internet access and use to the public, internet cafes and other similar establishments have a vital role in the development and progress of the municipality.

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WHEREAS, the internet and similar information technology services likewise carry risks, especially to children which include exposure to extreme violence and harmful materials through on-line gaming, photos and videos, instant messaging, and other similar features that they provided.

WHEREAS, through the internet, children can be enticed to buy, sell or trade harmful materials such as drugs, weapons, pornographic stuffs, and other similar materials. They can also be stalked by unwanted communications, bullied by threats, misinformed, and be groomed by sex-predators and pedophiles through the internet.

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WHEREAS, Section 16 of the Local Government Code provides that:

“Every local government shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental to the promotion of general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of the inhabitants”

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WHEREAS, the Municipality of Nasipit finds it necessary to regulate the operation of internet cafes and similar business establishments within its territorial jurisdiction in order to protect all internet cafe users, especially children, against abuse, exploitation, and all forms of violence brought about by the use and access of the internet through said establishments.

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NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE SANGGUNIANG BAYAN OF NASIPIT, AGUSAN DEL NORTE, IN SESSION ASSEMBLED THAT:

Section 1. Title – This ordinance shall be known as “Regulations on the Operation of Internet Cafes for the Protection of Children of 2011”.

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Section 2. Definition of Terms – For purposes of this Ordinance the following terms shall mean:

a.) Child – a person below eighteen (18) years of age or over but is unable to fully take care of himself/herself or protect himself/herself from abuse, neglect, exploitation or discrimination because of physical or mental disability or condition.

b.) Internet – inter-connected network of computers, devices, and or their peripherals that are connected permanently or temporarily by transmission and/or communication facilities that provide the means of sending and receiving communication, transmitting voice or non-voice data or information electronically.

c.) Internet Cafe – any establishment, with at least one (1) computer or associated device unit, connected to the world-wide web or internet that offers to any person, for a fee or any consideration, internet services including, but not limited to the following:1. E-mail and e-groups2. Upload, download or update any data or information to on any website3. On-line and networking gaming4. Chatting5. Surfing6. Video conferencing and telephony

The term internet cafe also includes any establishment that offers a combination of services such as food and internet, bar and internet, accommodations and internet, and other similar combinations.

d.) Internet cafe users – any person, natural or juridical, using or accessing data or information in any internet cafe for any purpose.

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Section 3. Business Hours – All internet cafes may open for business at any time of the day or night, provided that on-line and networking gaming shall only be allowed from 8:00 o’clock in the morning until 11:00 o’clock evening.

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Section 4. Protection for Child Internet Cafe Users – Any child shall not be allowed to use the services of any internet cafe from 7:00 o’clock in the morning until 8:00 o’clock in the evening, unless express written permission is given by parent, guardian, or duly authorized school representative. The written permission must provide for the address, contact number of parent, guardian, or duly authorized school representative for verification purposes, and the number of hours that the child is authorized to use the services of the internet cafe. Any written permission which shall not provide all the said details is not valid.

Any child shall not be allowed inside the premises of any internet cafe beyond 8:00 o’clock in the evening irrespective of whether he/she has a written permission as mentioned above.

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Section 5. Content Control and Filtering – All internet cafes shall install their own firewall or similar software to control the type of content that can be accessed through internet. A child internet cafe user shall not be allowed to access nudity, sexual activity, and aggressive violence, unless it is necessary for any educational research required in school.

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Section 6. No Private Rooms or Cubicles – All internet cafes shall not install or provide private rooms or cubicles and shall only maintain open cubicles for each computer or associated device unit that will allow employee or staff of the internet cafe to view the type or services being used. Existing private rooms and cubicles in all internet cafes shall be removed or dismantled.

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Section 7. No Smoking and Consumption of Alcoholic Beverages – Smoking of cigarettes, tobacco and other substances and consumption of alcoholic beverages is prohibited inside the premises of any internet cafe.

Section 8. No Betting and Gambling – Betting and all other forms of gambling is prohibited inside the premises of any internet cafe.

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Section 9. Internet Cafe’s Logbook – All internet cafes shall maintain a logbook that shall contain the names of the internet user, age, address, log-in time, log-out time, and signature. The logbook shall be kept by the internet cafe for not less than six (6) months. All internet cafe users shall be required to show a valid Identification Card to validate the information contained in the logbook.

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Section 10. Duties of Internet Cafe Owners, Employees and Staffs – All internet cafes shall not tolerate or promote any indecent, lewd, sexually explicit, and lascivious conduct of any person, including internet cafe users, inside its premises. The owners, employees and staffs of internet cafes shall immediately call the person’s attention to stop such conduct. If the said person shall refuse or fail to desist from such conduct, the owners, employees and staffs of internet cafes shall immediately report the incident to the nearest police station or barangay office or to the Municipal Social Welfare and Development Office.

Any internet cafe owner, employee or staff who shall learn, or has knowledge, of facts or circumstances that give rise to a reasonable belief that a child internet cafe user will be, may be, or has been sexually exploited on-line or involved in the production, distribution, sale of any pornographic material, shall immediately report the same to the nearest police station or barangay office or to the Municipal Social Welfare and Development Office.

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Section 11. Lead Offices/Agencies and Implementing Rules and Regulations – The Municipal Social Welfare and Development Office and the Philippine National Police are the lead offices/agencies charged with the implementation of this Ordinance. The Municipal Social Welfare and Development Officer, in coordination with the Municipal Council for the Protection of Children and with the approval of the Municipal Mayor, shall promulgate and adopt the implementing rules and regulations (IRR) for the implementation of this Ordinance within one (1) month from its effectivity. The said IRR shall include the regular visitation and inspection of internet cafes by members of Municipal Council for the Protection of Children, or any duly appointed local government official or agency, to monitor compliance of this Ordinance.

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Section 12. Penalties – Any person who violates or impedes the implementation of any provision of this Ordinance or its implementing rules and regulations shall be punished with imprisonment of three (3) months or a fine of Two Thousand Hundred Pesos (P2,000.00), or both at the discretion of the court. Provided, however, that in case of a corporation, firm, partnership, or association, the imprisonment and/or fine shall be imposed upon its officials responsible for the violation. Provided, further, that where the violation is attended by loss of life and/or damage to property, the violator shall be proceeded against under the Revised Penal Code and other applicable laws.

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Section 13. Repealing Clause – Sections 3, 4, 5, 6, and 7 of SB Ordinance No. 001, Series of 2007 are hereby repealed or amended. Provided, however, that Section 2 of the same SB Ordinance shall remain valid.

The provisions of all other ordinances and resolutions which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly

Section 14. Effectivity – This Ordinance shall take effect immediately after the posting and publication as required under Section 59 of the Local Government Code.

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PRINCIPAL AUTHOR:

HON. CUSTODIO B. COMPENDIO, JR.

CO-AUTHOR:

HON. RONICA P. CHUNG