Question & AnswerQ&A (Republic Act No. 9775)
The short title of Republic Act No. 9775 is the "Anti-Child Pornography Act of 2009."
A 'child' refers to persons below eighteen (18) years of age or over, but unable to take care of or protect themselves from abuse or exploitation due to physical or mental disability or condition. It also includes persons depicted or portrayed as a child, including computer-generated images that appear to be a child.
Child pornography includes any representation, whether visual, audio, or written, by electronic, mechanical, digital or other means, of a child engaged in real or simulated explicit sexual activities.
Explicit sexual activity includes actual or simulated sexual intercourse or lascivious acts such as genital contact, oral-genital contact, bestiality, masturbation, sadistic or masochistic abuse, and lascivious exhibition of private body parts or use of objects for lascivious acts.
It is unlawful to hire or induce a child to perform in child pornography; produce, publish, or distribute child pornography; possess child pornography with intent to distribute; permit such acts; engage in grooming, luring, or pandering; access child pornography knowingly; conspire to commit child pornography offenses; and to simply possess child pornography.
The penalty is reclusion perpetua (imprisonment for 20 years and 1 day to 40 years) and a fine of not less than Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00).
Complaints can be filed by the offended party; parents or guardians; relatives up to the third degree; officers or social workers of child-caring institutions or DSWD; barangay chairmen; law enforcement officers; at least three concerned citizens; or any person with personal knowledge of the offense.
ISPs must notify the PNP or NBI within 7 days of knowledge of child pornography activities, preserve evidence, furnish user details upon request, install filtering technology, and failure to comply leads to penalties.
They face fines of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense, and for subsequent offenses fines of Two million pesos (Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) plus revocation of license and immediate closure.
The right to privacy is ensured through closed-door trials if necessary, non-disclosure of child's identity, keeping records sealed and confidential, restricting access to child pornography court records, and prohibiting publication or broadcast of victim identities.
The DSWD must provide emergency shelter, counseling, free legal services, medical and psychological services, livelihood and skills training, educational assistance, and ongoing supervision for reintegration.
The council formulates plans and programs to prevent and suppress child pornography; promulgates rules; monitors implementation; coordinates programs; conducts information campaigns; assists in filing cases; manages victim reintegration programs; and coordinates research and training.
The penalty is reclusion temporal in its medium period and a fine of not less than Seven hundred fifty thousand pesos (Php750,000.00) but not more than One million pesos (Php1,000,000.00).
Yes, foreigners shall be immediately deported after serving their sentence and shall be forever barred from entering the Philippines.
Grooming is the act of preparing a child or someone believed to be a child for sexual activity or relationship by communicating any form of child pornography, including online enticement.