RA 9775 Anti-Child Pornography Act

Other Information

This Act which is a consolidation of Senate Bill No. 2317 and House Bill No. 6440 was finally passed by the Senate and the House of Representatives on October 13, 2009.

Approved on November 17, 2009

Republic Act No. 9775 of 2009

Sources

• http://www.gov.ph/2009/11/17/republic-act-no-9775-s-2009/

Duties of an Internet Service Provider (ISP)

Anti-Child Pornography Act

• The 21st Century MAPEH IN ACTION 10 (pp. 318 - 319)

All internet service providers (ISPs) shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed using its server or facility.

Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant authorities.

• An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address which contains any form of child pornography.

• All ISPs shall install available technology, program or software to ensure that access to or transmittal of any form of child pornography will be blocked or filtered.

• To willfully access any form of child pornography

• To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it

Some Mandatory Services for Victims of Child Pornography

• Emergency shelter or appropriate housing

• Counseling

"AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES"

• To possess any form of child pornography.

• Medical or psychological services

Penalties and Sanctions

• Children refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

• Any person found guilty of syndicated child pornography shall pay a specific fine ranging from One hundred thousand pesos up to not more than Five million pesos based on the offense committed.

Unlawful/Prohibited Acts

• Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation requirements shall pay a fine ranging from Five hundred thousand pesos up to not more than Two million pesos.

• Pornography includes the publication, exhibition, cinematography, indecent show, information technology or any representation of a person engaged in real or simulated sexual activities.

• To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography

• To produce, direct, manufacture or create any form of child pornography

• Child Pornography is any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities.

• To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography

• To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast

• Explicit sexual activity composed of sexual intercourse or lascivious act, masturbation, adistic or masochistic abuse, lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or use of any object or instrument for lascivious acts.

Definition of Terms

• To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business

Grooming = the act of preparing a child or someone who the offender believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography. It includes online enticement or enticement through any other means.

• For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography

Luring = the act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography.

• For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any form of child pornography

Pandering = includes offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material.

• To engage in the luring or grooming of a child

• To engage in pandering of any form of child pornography