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    Anti Child Pornography

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    Dali Maliaman
    The document outlines the Anti-Child Pornography Act of the Philippines which aims to protect children from exploitation and abuse. It defines child pornography and prohibits acts involving child pornography such as production, distribution, possession and accessing of child pornography. It also establishes the duties of internet service providers, internet content hosts, mall owners, and local governments to prevent and report instances of child pornography. Non-compliance and lack of parental responsibility are cited as difficulties in implementing the law.

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    © All Rights Reserved
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    Anti Child Pornography

    Uploaded by

    Dali Maliaman
    109 views21 pages
    The document outlines the Anti-Child Pornography Act of the Philippines which aims to protect children from exploitation and abuse. It defines child pornography and prohibits acts involving child pornography such as production, distribution, possession and accessing of child pornography. It also establishes the duties of internet service providers, internet content hosts, mall owners, and local governments to prevent and report instances of child pornography. Non-compliance and lack of parental responsibility are cited as difficulties in implementing the law.

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    The document outlines the Anti-Child Pornography Act of the Philippines which aims to protect children from exploitation and abuse. It defines child pornography and prohibits acts involving child pornography such as production, distribution, possession and accessing of child pornography. It also establishes the duties of internet service providers, internet content hosts, mall owners, and local governments to prevent and report instances of child pornography. Non-compliance and lack of parental responsibility are cited as difficulties in implementing the law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    109 views21 pages

    Anti Child Pornography

    Uploaded by

    Dali Maliaman
    The document outlines the Anti-Child Pornography Act of the Philippines which aims to protect children from exploitation and abuse. It defines child pornography and prohibits acts involving child pornography such as production, distribution, possession and accessing of child pornography. It also establishes the duties of internet service providers, internet content hosts, mall owners, and local governments to prevent and report instances of child pornography. Non-compliance and lack of parental responsibility are cited as difficulties in implementing the law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 21

    ANTI-CHILD

    PORNOGRAPHY
    RA 9775

    Sometimes, adults take children for granted, belittle

    their opinions, or worse, treat them as properties, robots


    or toys

    DECLARATION OF POLICY
    The State recognizes the vital
    role of the youth in nation
    building and shall promote and
    protect their physical, moral,
    spiritual, intellectual,
    emotional, psychological
    and social well-being.

    Towards this end, the State shall:


    (a) Guarantee the fundamental rights of every child
    from all forms of neglect, cruelty and other
    conditions prejudicial to his/her development;
    (b) Protect every child from all forms of exploitation
    and abuse including, but not limited to:
    (1) the use of a child in pornographic performances
    and materials; and
    (2) the inducement or coercion of a child to engage
    or be involved in pornography through whatever
    means; and

    (c) Comply with international treaties to which

    the Philippines is a signatory or a State party


    concerning the rights of children which include,
    but not limited to, the Convention on the Rights
    of the Child, the Optional Protocol to the
    Convention on the Rights of the Child, on the
    Sale of Children, Child Prostitution and Child
    Pornography, the International Labor
    Organization (ILO) Convention No.182 on the
    Elimination of the Worst Forms of Child Labor
    and the Convention Against Transnational
    Organized Crime.

    DEFINITION OF TERMS
    A)Child refers to:
    i) any person below 18 yrs old
    ii) Over 18 yrs old but is unable to take care of
    themselves due to Abuse, Neglect, Exploitation, or
    Discrimination because of physical or mental disability
    iii) Regardless of age presented, depicted or portrayed as
    a child
    iv) Computer generated images of a person represented
    as a child
    B) Child pornography- any representation whether Visual,
    Audio or Written or Combination, of a child engaged or
    involved in real of simulated explicit sexual activities .

    "Grooming" refers to 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.
    "Luring" refers to 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.
    "Pandering" refers to the act of 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.

    PROHIBITED ACTS
    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;

    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;

    To knowingly, willfully and intentionally provide a


    venue for the commission of prohibited acts
    For film distributors, theaters and telecommunication
    companies to distribute 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;
    To luring or grooming of a child;

    To pandering of any form of child pornography;


    To willfully, access any form of child pornography;
    To conspire to commit any of the prohibited acts stated
    in this section.
    To possess any form of child pornography.

    DUTIES OF AN INTERNET
    SERVICE PROVIDER (ISP).
    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.

    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.

    RESPONSIBILITY OF MALL OWNERS/OPERATORS


    AND OWNERS OR LESSORS OF OTHER BUSINESS
    ESTABLISHMENTS
    All mall owners/operators and owners or lessors of other

    business establishments shall notify the PNP or the NBI


    within seven (7) days from obtaining facts and
    circumstances that child pornography is being committed
    in their premises.Provided,That public display of any
    form of child pornography within their premises is a
    conclusive presumption of the knowledge of the mall
    owners/operators and owners or lessors of other business
    establishments of the violation of this Act:Provided,
    further,That a disputable presumption of knowledge by
    mall owners/operators and owners or lessors of other
    business establishments should know or reasonably know
    that a violation of this Act is being committed in their
    premises.

    DUTIES OF AN INTERNET
    CONTENT HOST
    An internet content host shall:
    (a) Not host any form of child pornography on its internet

    address;

    (b) Within seven (7) days, report the presence of any

    form of child pornography, as well as the particulars of


    the person maintaining, hosting, distributing or in any
    manner contributing to such internet address, to the
    proper authorities; and

    (c) Preserve such evidence for purposes of investigation

    and prosecution by relevant authorities.

    AUTHORITY TO REGULATE
    INTERNET CAF OR KIOSK
    The local government unit (LGU) of the city or

    municipality where an internet caf or kiosk is located


    shall have the authority to monitor and regulate the
    establishment and operation of the same or similar
    establishments in order to prevent violation of the
    provisions of this Act.

    CONFIDENTIALITY
    The right to privacy of the child shall be ensured at any stage
    of the investigation, prosecution and trial of an offense under
    this Act. Towards this end, the following rules shall be
    observed:
    (a) The judge, prosecutor or any officer of the law to whom

    the complaint has been referred to may, whenever necessary


    to ensure a fair and impartial proceeding and after
    considering all circumstances for the best interest of the child
    conduct a closed-door investigation, prosecution or trial;

    (b) The name and personal circumstances of the child,

    including the child's immediate family, or any other


    information tending to establish his/her identity shall not be
    disclosed to the public;

    CONFISCATION AND FORFEITURE OF THE


    PROCEEDS, TOOLS AND INSTRUMENTS
    USED IN CHILD PORNOGRAPHY
    In addition to the penalty imposed for the violation of this
    Act, the court shall order the confiscation and forfeiture in
    favor of the government of all the proceeds, tools and
    instruments used in the commission of the crime, unless
    they are the property of a third person not liable for the
    unlawful act;Provided,however, That all awards for
    damages shall be taken from the personal and separate
    properties of the offender;Provided,further, That if such
    properties are insufficient, the deficiency shall be taken
    from the confiscated and forfeited proceeds, tools and
    instruments.

    DIFFICULTY OF APPLICATION
    AND COMPLIANCE
    Internet Service Providers, Internet Content Host, Local

    Government Units and Establishments owners are not


    doing their duties and responsibilities.

    No notifications to the authorities.


    Failure to install available technology, program or

    software to block or filter transmittal of any form of child


    pornography.

    No or lack of inspections and regulation of internet cafes

    and kiosks.

    Lack of parental responsibility

    HUMAN RIGHTS
    Children are humans too. They have rights that are

    entitled to respect and protection.

    The Universal Declaration of Human Rights (UDHR)

    declares that Children are entitled to special care and


    assistance, owning to their vulnerability, dependence,
    and inability to speak out.

    Under the principles of the Convention of the Rights of

    the Child, no child shall be subjected to arbitrary or


    unlawful interference with his/her privacy, family, home,
    or correspondence, nor unlawful attacks on his/her
    honour and reputation.

    HUMAN DEVELOPMENT:
    POVERTY REDUCTION
    Poverty is the main reason why children are pushed to

    engage in child pornography. Poverty reduction is one


    key for eliminating child pornography. It is indispensable
    for the government in pursuance of national
    development to continue and strengthen their programs
    for poverty reduction.

    RECENT REPORTS ABOUT


    CHILD PORNOGRAPHY
    Young mom arrested for taking nude photos, videos of

    daughters

    Aussie tip leads to Taguig woman behind child porn

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