QuestionsQuestions (Republic Act No. 11930)
RA 11930 is titled the “Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act.”
A “child” is a person below 18 years of age, or someone over but unable to fully take care of themselves or protect themselves due to certain disabilities/conditions. It also covers depictions/portrayals of a child and computer-generated/digitally crafted images made to appear as a child.
CSAEM/CSAM refers to any representation (offline or using ICT), by visual/video/audio/written or any combination, depicting a child engaged in or involved in real or simulated sexual activities or depicting acts of sexual abuse/exploitation, including materials focused on genitalia/private parts.
Grooming is a pattern/predatory conduct of establishing a relationship of trust or emotional connection with a child (or someone believed to be a child), in person or via electronic devices, for the purpose of perpetrating sexual abuse/exploitation or producing CSAEM.
Among others: producing/directing/manufacturing/facilitating/creating CSAEM; offering/selling/distributing/advertising/promoting/exporting/importing CSAEM; knowingly publishing/transmitting/broadcasting CSAEM.
No. Section 5 provides that consent is not material or relevant and cannot be used as a defense in prosecution of the unlawful acts under the Act.
Syndicated: committed by a group of three (3) or more persons conspiring or confederating. Large-scale: the crime was committed against three (3) or more persons.
A person involved in reporting/blocking/removal/takedown and providing info for investigation/prosecution is not liable if done in good faith, necessary to prevent access/dissemination, and reported within 24 hours from blocking/removal/takedown.
Access, possession, and recording of CSAEM for purposes of complying with duties under the Act, reporting to government authorities, legitimate investigation/administering of the criminal justice system, and legitimate policy/scholarly/academic purposes with ethical clearance are not subject to civil/criminal/administrative liability.
They must preserve subscriber/registration information and traffic data within 6 months (extendible) and content data within 1 year (extendible upon notice). They must immediately block/remove/take down CSAEM-containing content within 24 hours from notice by competent authority or notice with sufficient info to identify content/source.
Failure is prima facie evidence of knowledge, which may lead to liability under Section 4(d) (knowingly publishing/transmitting/broadcasting CSAEM) depending on the case theory and proof.
ISPs must notify PNP or NBI within 48 hours from receipt of information that child sexual abuse/exploitation is being committed (or is likely) using their server/facility, including based on traffic analysis and sudden surges in usage.
It is the National Coordination Center against OSAEC and CSAEM, under the Inter-Agency Council Against Trafficking (IACAT) formed under RA 9208, with additional mandate to address cases under RA 11930.
Jurisdiction is vested in the Family Court with territorial jurisdiction over the place where the offense or any essential element was committed. Venue may be where the offense was committed, where any element occurred, or where the child is found or actually resides at the time of commission; the first filed court acquires jurisdiction to the exclusion of others.
Offended party; parents/guardians; ascendant/collateral within 3rd degree of consanguinity; officers/social workers/representatives of licensed child-caring institutions; DSWD officers/social workers; local social welfare development officers; barangay officials; law enforcement officers; at least three concerned responsible citizens; and any person with personal knowledge of the commission of the offense.
Cases shall not be dismissed based on affidavits of desistance executed by victims/parents/guardians; prosecutors must oppose dismissal motions, and undue pressure to execute desistance may be punishable.