QuestionsQuestions (Republic Act No. 9775)
Republic Act No. 9775 is the “Anti-Child Pornography Act of 2009.” Its short title is the Anti-Child Pornography Act of 2009. The policy is to promote and protect the child’s well-being and guarantee fundamental rights by preventing and penalizing child exploitation, including child pornography, and to comply with relevant international treaties.
A “child” is a person below eighteen (18) years of age, or over but unable to fully take care of himself/herself or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination due to a physical or mental disability or condition.
RA 9775 includes (1) a person regardless of age who is presented/depicted/portrayed as a child, and (2) computer-generated, digitally or manually crafted images or graphics of a person represented or made to appear as a child as part of the definition framework relevant to “child pornography.”
“Child pornography” is any representation (visual, audio, or written combination), by electronic, mechanical, digital, optical, magnetic, or other means, of a child engaged or involved in real or simulated explicit sexual activities. “Explicit sexual activity” includes sexual intercourse or a lascivious act (including specific genital/oral/anal contacts), bestiality, masturbation, sadistic/masochistic abuse, lascivious exhibition of genitals/buttocks/breast/pubic area/anus, or use of objects/instruments for lascivious acts.
Section 4(a)-(k) includes: (a) hiring/employing/using/persuading/inducing/coercing a child to create/produce child pornography; (b) producing/directing/manufacturing/creating child pornography; (c) publishing/offering/transmitting/selling/distributing/broadcasting/advertising/promoting/exporting/importing child pornography; (d) possessing child pornography with intent to sell/distribute/publish/broadcast (with a 3+ articles prima facie intent presumption); (e) providing a venue/knowingly allowing prohibited acts (dens, private rooms, cubicles, cinemas, houses, or legitimate establishments used as venues); (f) film distributors/theaters/telecommunication companies distributing child pornography; (g) a parent/guardian/person having custody knowingly permitting a child to engage/participate/assist; (h) engaging in luring or grooming; (i) engaging in pandering; (j) willfully accessing child pornography; (k) willfully and intentionally providing/procuring access as “venue” responsibilities (as covered under the respective wording of Section 4(k) in the text provided: the prohibited acts list ends with “To possess any form of child pornography.” Note: In the provided excerpt, the last two entries show: “To conspire…” and “To possess any form of child pornography.”)
It is prima facie evidence of intent to sell, distribute, publish, or broadcast under Section 4(d) of RA 9775.
“Grooming” is preparing a child (or someone the offender believes is a child) for sexual activity/relationship by communicating any form of child pornography, including online enticement or enticement by other means. “Luring” is communicating by means of a computer system with a child (or believed child) to facilitate sexual activity or production of any form of child pornography. “Pandering” is offering/advertising/promoting/representing/distributing materials intended to cause another to believe the material contains child pornography, regardless of the actual content.
It is committed if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is punished under Section 15(a) with reclusion perpetua and a fine of not less than Php2,000,000 but not more than Php5,000,000.
The offended party; parents or guardians; ascendant/collateral relative within third degree of consanguinity; officers/social workers of licensed child-caring institutions; DSWD officers/social workers; local social welfare development officer; barangay chairman; any law enforcement officer; at least three (3) concerned responsible citizens in the place of violation; or any person with personal knowledge of the circumstances.
Jurisdiction is vested in the Family Court with territorial jurisdiction over the place where the offense or any essential element was committed pursuant to RA 8369 (Family Courts Act of 1997).
Within seven (7) days from obtaining facts and circumstances, notify PNP or NBI (without requiring the ISP to monitor users or obtain consent to communications). The ISP must preserve evidence, furnish user access particulars upon request by proper authorities, install available technology to block/filter access or transmission. Knowing/willful violation is penalized under Section 15(k) (per text). NTC must promulgate implementing rules within 90 days for filtering requirements.
They must notify PNP or NBI within seven (7) days from obtaining facts/circumstances that child pornography is being committed in their premises. Public display in their premises creates a conclusive presumption of knowledge. Ordinary diligence that should have made them know or reasonably know creates a disputable presumption. Willful and intentional violation is penalized under Section 15(l).
The content host must not host child pornography; within seven (7) days report the presence and particulars to authorities; preserve evidence; and furnish user access particulars upon request. A knowing/willful violation is penalized under Section 15(j). Failure to remove within forty-eight (48) hours from receiving notice that child pornography is hitting its server is conclusive evidence of willful and intentional violation.
It requires privacy of the child at all stages, including possible closed-door proceedings, non-disclosure of the child’s name/identity to the public, sealing of all records (released only to specified parties), protective orders limiting access to the child pornography evidence, and a ban on publishing the names of victims when proceedings are behind closed doors. Violations are penalized under Section 15(m).
Syndicated cases (Sec. 5) carry reclusion perpetua and Php2M–Php5M fine. Violations of Sec. 4(a)-(c) carry reclusion temporal in its maximum period and Php1M–Php2M fine. Violations of Sec. 4(d)-(f) carry reclusion temporal in its medium period and Php750k–Php1M fine. Sec. 4(g) (custody-related offense) carries reclusion temporal in its minimum period and Php500k–Php700k fine. Sec. 4(h) carries prision mayor in its maximum period and Php300k–Php500k fine; Sec. 4(i) carries prision mayor in its minimum period and Php300k–Php500k fine; Sec. 4(j) carries prision correccional in its maximum period and Php200k–Php300k fine; Sec. 4(k) carries prision correccional in its medium period and Php100k–Php250k fine; Sec. 4(l) carries arresto mayor in its minimum period and Php50k–Php100k fine. Additional corporate/ISP/mall owner/reporting penalties apply under the remaining parts of Section 15.
If the offender is a parent/ascendant/guardian/stepparent/relative within third degree or person with control/moral ascendancy, penalties are in the maximum duration (except for Sec. 4(g) per text). If offender is a juridical person, penalties are imposed on responsible officers who participated or knowingly permitted/failed to prevent the crime. If the offender is a foreigner, deportation after sentence and forever barring entry applies. If offender is a public officer/employee, penalty is imposed in maximum duration.