Article 1. - Title of Act
This Act shall be known as the " Citizens Bill of Rights against Obscenity and Child Pornography."
Article 2. - Definitions:
For the purposes of the application and interpretation of this Act, the following terms shall apply as indicated below:
a) "Act" means the act adopting the " Citizens Bill of Rights against Obscenity and Child Pornography."
b) "Material" means any picture, drawing, photography, motion film, or other graphic representation and / or visual broadcast transmitted over wires, electromagnetic waves, digital or any electronic means of radio or television.
c) "Obscene Material" means any material, of any sexual or physiological manner that is exhibited, broadcast, described, taught or expressed, in a patently insulting or offensive manner, but do not reach the level of pornographic material.
d) "Obscene Material" means any material that, taken as a whole by an average person and applying contemporary community standards :
e) Appeals to a morbid interest in nudity, sex or bodily functions, and depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, religious, scientific or educational purpose.
f) "Minor" means any individual under 16 years of age.
g) "Child pornography" means material that contains sexual conduct, though not obscene, commited for, with or in the presence of minors.
h) "Secretary" means the Secretary of the Department of Consumer Affairs, with all the powers under the Act No. 5 of April 23, 1973, as amended, known as " Department of Consumer Affairs Act ".
Article 3. – Applications:
This Act may be invoked and applied to anyone irrespective of race, color, gender, age, religion, or national or ethnic identification, political ideology, physical or mental condition, or social status.
Article 4. - Radio and Television Without Obscenity and Pornography
Everyone has the right to enjoy radio and TV that do not include obscene material or child pornography.
Article 5. - Right to know about Laws on Child Pornography and Obscenity
Everyone has the right to receive information regarding these laws pertaing to the Commonwealth of Puerto Rico and the United States of America, and how they are applied governing local radio and television in terms of production, exhibition, broadcast, diffusion and dissemination of obscene material and child pornography and indecent material.
Article 6. - Right to Know the Remedies Available
Everyone is entitled to receive easily understood information regarding the existing remedies available to enforce the right recognized in Article 4 of this Act.
Article 7. - Right To prohibit Obscene Material and / or Child Pornography
Everyone has the right to request the State to prohibit and take action to prevent the production, display, transmission, distribution and dissemination of obscene material and / or explicit material depicting acts of sexual abuse against minors or child pornography in accordance with applicable laws and jurisprudence.
Article 8. - Transfer of Obscene Material
Everyone has the right to request the prohibition and prevent the display, transmission, distribution and dissemination of indecent material through radio and television, daily from six o'clock (6:00 AM) until ten at night (10:00 PM) and according to regulations adopted by the Federal Communications Commission. Understanding this does not create new causes of action or remedies between private individuals against the Commonwealth of Puerto Rico, its agencies, public corporations, or against its officers, employees or agents to make them comply with applicable laws.
Article 9. – Education on the harmful impact caused by Obscenity and Child Pornography
Everyone has the right to receive factual information on the detrimental effects of obscenity and child pornography in their social and emotional development and that of his family.
Article 10. - Implementation of the Law
The Secretary of the Department of Consumer Affairs shall adopt rules and regulations necessary for the implementation of this Act, in accordance with the provisions of Law No. 5 of April 23, 1973, as amended, known as " Department of Consumer Affairs Act ", and Law No. 170 of August 12, 1988, as amended, known as" Uniform Administrative Procedure Act of the Commonwealth of Puerto Rico. "
Article 11 - Interpretation and SeverabilityIt provides that this Act shall be construed in accordance with federal laws relevant to the matter, and that any provision determined to be in conflict with the Constitution or federal law, shall be separated from the precepts of it.
Article 12 – ValidityThis Act shall take effect immediately after its approval for the sole purposes of Article 10, and the remaining provisions shall take effect on January 1, 2003.
