Question & AnswerQ&A (Republic Act No. 11930)
Republic Act No. 11930 shall be known as the "Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act."
A child refers to a person below eighteen (18) years of age or those over but unable to protect themselves from abuse due to physical, mental, intellectual or sensory disabilities. It also includes persons portrayed as children and computer-generated images that appear to be children.
CSAEM refers to any representation, whether offline or online, of a child involved in real or simulated sexual activities or depicting acts of sexual abuse or exploitation, including materials focusing on genitalia or private body parts of a child, using visual, video, audio, written, or other means by electronic or digital methods.
No, the consent of the victim is not material or relevant and shall not be a defense in the prosecution of unlawful acts under this Act.
Violators shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00).
Any violation committed by a group of three (3) or more persons conspiring or confederating with each other is considered a syndicated violation.
ISPs must notify law enforcement within 48 hours of suspected CSAEM activity using their servers, block CSAEM within 24 hours after notice, maintain subscriber logs, develop detection and reporting systems, adopt child protection standards, and implement privacy and age-verification controls.
Yes, law enforcement officers acting in an undercover capacity may intercept communications without a court order if they reasonably believe a violation of this Act is occurring or about to occur, specifically for offenses involving computer systems and digital platforms.
The National Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM), under the Inter-Agency Council Against Trafficking (IACAT), is designated to oversee and coordinate prevention, protection, investigation, and rehabilitation programs related to these offenses.
The law mandates closed-door proceedings if necessary, confidentiality of the child's identity and records, protection against undue publicity, and allows the child to testify in a manner that preserves their well-being. It also prohibits victim blaming and demands victim-centered, trauma-informed treatment.