Under Section 4(c)(1) of RA 10175, cybersex is defined as the willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

This means that if you intentionally perform sexual acts via webcam, video call, or any online platform in exchange for money or any form of compensation, you may be liable for cybersex.

To secure a conviction, the prosecution must prove:

• Willful engagement — The act was done intentionally, not accidentally.
• Lascivious exhibition — The act involved sexual organs or sexual activity.
• Use of a computer system — The act was performed via webcam, video call, streaming, or other digital means.
• Favor or consideration — The act was done in exchange for payment, gifts, or any benefit.

Violation of Section 4(c)(1) is punishable by imprisonment of prision mayor (6 years and 1 day to 12 years) and a fine of at least PHP 200,000. The exact penalty depends on the circumstances and the court’s discretion.

In addition to criminal liability, persons convicted may face social consequences including stigma, difficulty in employment, and restrictions on travel depending on the conditions of their sentence.

The law primarily targets the person performing the sexual act for consideration. However, persons who solicit, pay for, or facilitate cybersex may also be held liable as principals or accomplices depending on their level of participation. Clients who actively request specific acts and send payment may be charged as co-principals.