Key statutory definitions
- Republic Act No. 9775 defines “Child” as persons below eighteen (18) years of age or over, but unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
- Republic Act No. 9775 further treats a “child” to include a person regardless of age who is presented, depicted or portrayed as a child as defined in the Act.
- Republic Act No. 9775 further includes computer-generated, digitally or manually crafted images or graphics of a person represented or made to appear as a child as defined in the Act.
- Republic Act No. 9775 defines “Child pornography” as any representation, whether visual, audio or written combination thereof, of a child engaged or involved in real or simulated explicit sexual activities, by electronic, mechanical, digital, optical, magnetic or any other means.
- Republic Act No. 9775 defines “Explicit Sexual Activity” to include: (a) actual or stimulated sexual intercourse or lascivious act, including genital-to-genital, oral-to-genital, anal-to-genital or oral-to-anal contact; (b) bestiality; (c) masturbation; (d) sadistic or masochistic abuse; (e) lascivious exhibition of genitals, buttocks, breast, pubic area and/or anus; or (f) use of any object or instrument for lascivious acts.
- Republic Act No. 9775 defines “Internet address” broadly to cover websites, bulletin board services, internet chat rooms or news groups, and other internet/shared network protocol addresses.
- Republic Act No. 9775 defines “Internet café or kiosk” as an establishment offering to the public computer(s) or computer system access for purposes of accessing the internet, computer games or related services.
- Republic Act No. 9775 defines “Internet content host” as a person who hosts or proposes to host Internet content in the Philippines.
- Republic Act No. 9775 defines “Internet service provider (ISP)” as a person or entity that supplies, or proposes to supply, an Internet carriage service to the public.
- Republic Act No. 9775 defines “Grooming” as preparing a child or someone the offender believes to be a child for sexual activity or a sexual relationship through communicating any form of child pornography, including online enticement or enticement through any other means.
- Republic Act No. 9775 defines “Luring” as communicating by means of a computer system with a child or someone the offender believes to be a child for the purpose of facilitating sexual activity or production of any form of child pornography.
- Republic Act No. 9775 defines “Pandering” as offering, advertising, promoting, representing or distributing through any means material or purported material intended to cause another to believe it contains any form of child pornography, regardless of actual content.
- Republic Act No. 9775 defines “Person” as any natural or juridical entity.
Unlawful acts and prohibited conduct
- Republic Act No. 9775 makes it unlawful for a person to hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography.
- Republic Act No. 9775 makes it unlawful for a person to produce, direct, manufacture or create any form of child pornography.
- Republic Act No. 9775 makes it unlawful for a person to publish, offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography.
- Republic Act No. 9775 makes it unlawful for a person to possess any form of child pornography with intent to sell, distribute, publish or broadcast; and it establishes that possession of three (3) or more articles of child pornography of the same form is prima facie evidence of intent to sell, distribute, publish or broadcast.
- Republic Act No. 9775 makes it unlawful for a person to knowingly, willfully and intentionally provide a venue for prohibited acts, including dens, private rooms, cubicles, cinemas, houses, or establishments purporting to be legitimate business.
- Republic Act No. 9775 makes it unlawful, for film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography.
- Republic Act No. 9775 makes it unlawful, 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.
- Republic Act No. 9775 makes it unlawful to engage in luring or grooming of a child.
- Republic Act No. 9775 makes it unlawful to engage in pandering of any form of child pornography.
- Republic Act No. 9775 makes it unlawful to willfully access any form of child pornography.
- Republic Act No. 9775 makes it unlawful to conspire to commit any prohibited act; conspiracy exists when two (2) or more persons agree on and decide to commit any such prohibited act.
- Republic Act No. 9775 makes it unlawful to possess any form of child pornography.
Syndicated child pornography liability
- Republic Act No. 9775 deems child pornography committed by a syndicate when carried out by a group of three (3) or more persons conspiring or confederating with one another.
- Republic Act No. 9775 requires syndicated child pornography to be punished under Section 15(a) of the Act.
Complaint filing, prosecutors, and courts
- Republic Act No. 9775 authorizes complaints on cases of any form of child pornography and other offenses punishable under the Act to be filed by: the offended party; parents or guardians; ascendant or collateral relative within the third degree of consanguinity; an officer, social worker or representative of a licensed child-caring institution; an officer or social worker of the Department of Social Welfare and Development (DSWD); a local social welfare development officer; the barangay chairman; any law enforcement officer; at least three (3) concerned responsible citizens residing in the place where the violation occurred; or any person with personal knowledge of the circumstances.
- Republic Act No. 9775 requires the Department of Justice (DOJ) to appoint or designate special prosecutors to prosecute cases for violation of the Act.
- Republic Act No. 9775 vests jurisdiction over cases for violation of the Act in the Family Court with territorial jurisdiction over the place where the offense or any essential element was committed pursuant to Republic Act No. 8369, the “Family Courts Act of 1997.”
ISP, hosts, and business duties
- Republic Act No. 9775 requires all ISPs to notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child pornography is being committed using its server or facility.
- Republic Act No. 9775 provides that the ISP obligation does not require engaging in monitoring of any user/subscriber/customer or requiring consent of any communication.
- Republic Act No. 9775 provides that no ISP shall be held civilly liable for damages on account of notice given in good faith in compliance with the ISP notice requirement.
- Republic Act No. 9775 requires an ISP to preserve evidence for investigation and prosecution by relevant authorities.
- Republic Act No. 9775 requires an ISP, upon request of proper authorities, to furnish particulars of users who gained or attempted to gain access to an internet address containing child pornography.
- Republic Act No. 9775 requires all ISPs to install available technology, program or software to ensure access to or transmission of child pornography will be blocked or filtered.
- Republic Act No. 9775 subjects an ISP that knowingly, willfully and intentionally violates the filtering and installation requirement to the penalty in Section 15(k).
- Republic Act No. 9775 mandates the National Telecommunications Commission (NTC) to promulgate within ninety (90) days from effectivity the necessary rules for implementation, including installation of filtering software blocking access to or transmission of child pornography.
- Republic Act No. 9775 requires all mall owners/operators and owners or lessors of other business establishments to notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child pornography is being committed in their premises.
- Republic Act No. 9775 establishes that public display of child pornography within their premises is a conclusive presumption of knowledge by mall owners/operators and owners or lessors.
- Republic Act No. 9775 establishes a disputable presumption of knowledge if, through exercise of ordinary diligence, they should know or reasonably know that a violation is being committed in their premises.
- Republic Act No. 9775 imposes a duty to report within seven (7) days on photo developers, information technology professionals, credit card companies and banks, and any person with direct knowledge of child pornography activities.
- Republic Act No. 9775 makes any willful and intentional violation of the mall/business reporting duty subject to the penalty in Section 15(l).
- Republic Act No. 9775 requires an Internet content host to: (1) not host any form of child pornography on its internet address; (2) within seven (7) days, report presence of child pornography and particulars of the person maintaining/hosting/distributing or contributing to the internet address; and (3) preserve evidence for investigation and prosecution.
- Republic Act No. 9775 requires an Internet content host, upon request of proper authorities, to furnish particulars of users who gained or attempted to gain access to an internet address containing child pornography.
- Republic Act No. 9775 imposes the penalty in Section 15(j) on a content host that knowingly, willfully and intentionally violates these duties.
- Republic Act No. 9775 makes failure of the Internet content host to remove any form of child pornography within forty-eight (48) hours from receiving notice that child pornography is hitting its server conclusive evidence of willful and intentional violation.
- Republic Act No. 9775 grants the local government unit (LGU) of the city or municipality where an internet café or kiosk is located authority to monitor and regulate the establishment and operation to prevent violation of the Act.
Privacy protections and confidential child handling
- Republic Act No. 9775 requires that the right to privacy of the child be ensured at every stage of investigation, prosecution and trial.
- Republic Act No. 9775 authorizes the judge, prosecutor or any officer of the law to whom the complaint has been referred to to conduct a closed-door investigation, prosecution or trial whenever necessary for a fair and impartial proceeding and after considering all circumstances for the best interest of the child.
- Republic Act No. 9775 prohibits disclosure to the public of the name and personal circumstances of the child or any other information tending to establish identity.
- Republic Act No. 9775 requires that any record regarding a child be confidential and kept under seal, released only upon written request and court order to: court staff for administrative use; the prosecuting attorney; defense counsel; the guardian ad litem; agents of investigating law enforcement agencies; and other persons determined by the court.
- Republic Act No. 9775 requires any form of child pornography in court records to be subject to a protective order limiting viewing to the parties, their counsel, their expert witness and guardian ad litem, and prohibiting divulging to any other person except as necessary for investigation, prosecution or trial.
- Republic Act No. 9775 requires that access to child pornography or any part thereof be denied unless the person signs a written affirmation acknowledging receipt and reading of the protective order, submitting to the court’s jurisdiction regarding the protective order, and agreeing that violation subjects the person to the court’s contempt power.
- Republic Act No. 9775 prohibits editors, publishers and reporters or columnists in printed materials, announcers or producers in television and radio, producers and directors of a film in the movie industry, or any person using tri-media facilities or information technology from publishing or broadcasting the names of the victims when prosecution or trial is conducted behind closed doors.
- Republic Act No. 9775 subjects any violation of the confidentiality and publication limitations in Section 13 to the penalty under Section 15(m).
Care, custody, and mandatory services
- Republic Act No. 9775 requires the DSWD to ensure that the child victim receives appropriate care, custody and support for recovery and reintegration in accordance with existing laws.
- Republic Act No. 9775 entitles the child and family to protection and to the rights and benefits of witnesses under Republic Act No. 6981, the “Witness Protection, Security and Benefit Act.”
- Republic Act No. 9775 deems the child victim as a victim of a violent crime under Section 3(d) of Republic Act No. 7309, so the child may claim compensation thereunder.
- Republic Act No. 9775 mandates that concerned government agencies and LGUs make available services to victims, including: emergency shelter or appropriate housing; counseling; free legal services (including information on the victim’s right and procedure for filing complaints, claims for compensation and other legal remedies in a language understood by the child); medical or psychological services; livelihood and skills training; and educational assistance.
- Republic Act No. 9775 requires adoption and carrying out of sustained supervision and a follow-through mechanism tracking progress of recovery, rehabilitation and reintegration.
Inter-agency council and oversight
- Republic Act No. 9775 establishes the Inter-Agency Council Against Child Pornography chaired by the Secretary of the DSWD, and composed of members including: the Secretary of the DOJ; Secretary of the Department of Labor and Employment; Secretary of the Department of Science and Technology; Chief of the PNP; Chairperson of the Commission on Human Rights; Chairperson of the Commission on Information and Communications Technology; Commissioner of the National Telecommunications Commission; Executive Directors of the Council for the Welfare of Children, Philippine Center for Transnational Crimes, and Optical Media Board; Director of the NBI; and three (3) representatives from children’s nongovernmental organizations.
- Republic Act No. 9775 provides that the children’s nongovernmental organization representatives are nominated by government agency representatives and appointed by the President for a term of three (3) years, renewable upon renomination and reappointment by the Council and President, respectively.
- Republic Act No. 9775 allows members to designate permanent representatives with a rank not lower than assistant secretary or equivalent, who attend meetings and receive emoluments as determined by the Council consistent with existing budget and accounting rules and regulations.
- Republic Act No. 9775 requires the DSWD to establish the necessary Secretariat for the Council.
- Republic Act No. 9775 grants the Council powers and functions including: formulating comprehensive and integrated plans; promulgating implementing rules and regulations necessary for effective implementation; monitoring and overseeing strict implementation; coordinating member agency programs; conducting massive information dissemination and campaigns; directing agencies to respond immediately and report actions; assisting in filing cases; formulating reintegration programs; securing needed assistance from government and NGOs; complementing shared government information systems for child abuse and exploitation; ensuring continuing research and study on patterns and schemes; developing mechanisms for timely coordinated response; recommending measures for cooperative foreign efforts; adopting measures to protect rights and needs of foreign-national child victims; maintaining a database of cases; initiating training programs for identification and intervention/assistance; submitting an annual report to the President and the Congressional Oversight Committee; and exercising all powers necessary to attain the Act’s purposes and objectives.
- Republic Act No. 9775 provides for child pornography as a transnational crime by allowing the DOJ to execute requests of a foreign state for assistance in investigation or prosecution through: conducting preliminary investigation and filing charges when appropriate; giving needed information; and applying for forfeiture in Philippine courts of proceeds or monetary instruments or property located in the Philippines used in connection with child pornography, while recognizing mutuality and reciprocity.
- Republic Act No. 9775 requires that if the DOJ refuses to act or delays, it must inform the foreign state of any valid reason.
- Republic Act No. 9775 directs the DOJ, in consultation with the DFA, to endeavor to include child pornography among extraditable offenses in future treaties.
- Republic Act No. 9775 creates a Congressional Oversight Committee of five (5) Members from the Senate and five (5) Members from the House of Representatives, including at least one (1) Minority member from each chamber and specified leadership and committee-based membership selection; it requires monitoring and ensuring effective implementation, determining weaknesses and loopholes, recommending remedial legislation or administrative measures, and performing other necessary functions.
- Republic Act No. 9775 requires appropriations for implementation and operationalization to be included in the annual General Appropriations Act.
- Republic Act No. 9775 requires the Inter-Agency Council Against Child Pornography to promulgate implementing rules and regulations within ninety (90) days from effectivity.
- Republic Act No. 9775 makes the Revised Penal Code suppletorily applicable.
- Republic Act No. 9775 provides a separability clause sustaining valid provisions if any part is declared unconstitutional or invalid.
- Republic Act No. 9775 provides that all laws, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the Act are deemed amended, modified or repealed accordingly.
Penalties, sanctions, and forfeiture
- Republic Act No. 9775 establishes that syndicated child pornography is punishable by reclusion perpetua and a fine of not less than PHP 2,000,000.00 but not more than PHP 5,000,000.00.
- Republic Act No. 9775 provides for violations of Section 4(a), (b) and (c) to be punished by reclusion temporal in its maximum period and a fine of not less than PHP 1,000,000.00 but not more than PHP 2,000,000.00.
- Republic Act No. 9775 provides for violations of Section 4(d), (e) and (f) to be punished by reclusion temporal in its medium period and a fine of not less than PHP 750,000.00 but not more than PHP 1,000,000.00.
- Republic Act No. 9775 provides for violations of Section 4(g) to be punished by reclusion temporal in its minimum period and a fine of not less than PHP 500,000.00 but not more than PHP 700,000.00.
- Republic Act No. 9775 provides for violations of Section 4(h) to be punished by prision mayor in its maximum period and a fine of not less than PHP 300,000.00 but not more than PHP 500,000.00.
- Republic Act No. 9775 provides for violations of Section 4(i) to be punished by prision mayor in its minimum period and a fine of not less than PHP 300,000.00 but not more than PHP 500,000.00.
- Republic Act No. 9775 provides for violations of Section 4(j) to be punished by prision correccional in its maximum period and a fine of not less than PHP 200,000.00 but not more than PHP 300,000.00.
- Republic Act No. 9775 provides for violations of Section 4(k) to be punished by prision correccional in its medium period and a fine of not less than PHP 100,000.00 but not more than PHP 250,000.00.
- Republic Act No. 9775 provides for violations of Section 4(l) to be punished by arresto mayor in its minimum period and a fine of not less than PHP 50,000.00 but not more than PHP 100,000.00.
- Republic Act No. 9775 provides that violating Section 11 is punishable by prision correccional in its medium period and a fine of not less than PHP 1,000,000.00 but not more than PHP 2,000,000 for the first offense; for subsequent offenses the penalty becomes a fine of not less than PHP 2,000,000.00 but not more than PHP 3,000,000.00 and revocation of its license to operate and immediate closure of the establishment.
- Republic Act No. 9775 provides that an ISP found guilty of willfully and knowingly failing to comply with the notice and installation requirements under Section 9 shall pay a fine of not less than PHP 500,000.00 but not less than PHP 1,000,000.00 for the first offense; for subsequent offenses it requires a fine of not less than PHP 1,000,000.00 but not more than PHP 2,000,000.00 and revocation of its license to operate.
- Republic Act No. 9775 provides that mall owners/operators and owners or lessors of other business establishments, including photo developers, information technology professionals, credit card companies and banks, found guilty of willfully and knowingly failing to comply with the notice requirements under Section 10 shall pay a fine of not less than PHP 1,000,000.00 but not more than PHP 2,000,000.00 for the first offense; for subsequent offenses it requires a fine of not less than PHP 2,000,000.00 but not more than PHP 3,000,000.00 and revocation of its license to operate and immediate closure of the establishments.
- Republic Act No. 9775 provides that violating Section 13 is punishable by arresto mayor in its minimum period and a fine of not less than PHP 100,000.00 but not more than PHP 300,000.00.
- Republic Act No. 9775 requires application of common penal provisions: if the offender is a parent, ascendant, guardian, stepparent or collateral relative within the third degree of consanguinity or affinity, or any person having control or moral ascendancy over the child, the penalty shall be in its maximum duration, and this aggravation does not apply to Section 4(g).
- Republic Act No. 9775 provides that if the offender is a juridical person, the penalty shall be imposed on the owner, manager, partner, member of the board of directors and/or any responsible officer who participated in the commission of the crime or knowingly permitted or failed to prevent its commission.
- Republic Act No. 9775 requires that if the offender is a foreigner, the foreigner shall be immediately deported after complete service of the sentence and shall forever be barred from entering the country.
- Republic Act No. 9775 provides that the penalty under the Act shall be imposed in its maximum duration if the offender is a public office or employee.
- Republic Act No. 9775 mandates confiscation and forfeiture in favor of the government, in addition to the penalty, of all 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.
- Republic Act No. 9775 directs that awards for damages shall be taken from the offender’s personal and separate properties, and if these properties are insufficient, the deficiency shall be taken from confiscated and forfeited proceeds, tools and instruments.
- Republic Act No. 9775 requires that proceeds derived from sale of properties used for the commission of any form of child pornography accrue to a special account of the DSWD and be used exclusively for proper implementation of the Act.
- Republic Act No. 9775 provides that when proceeds, tools and instruments are destroyed, diminished in value or otherwise rendered worthless by the offender’s act or omission, or are concealed, removed, converted or transferred to prevent them being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay an amount equal to the value of the proceeds, tools and instruments used.
Effectivity and transitory rules
- Republic Act No. 9775 was approved on November 17, 2009.
- Republic Act No. 9775 takes effect fifteen (15) days following its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.
- Republic Act No. 9775 requires the NTC to promulgate implementing rules for Section 9 within ninety (90) days from effectivity.
- Republic Act No. 9775 requires the Inter-Agency Council Against Child Pornography to promulgate implementing rules and regulations within ninety (90) days from effectivity.