Law Summary
Declaration of Policy
- The State prioritizes the well-being of the youth in all aspects including physical, moral, spiritual, intellectual, emotional, psychological, and social.
- Protects children from neglect, cruelty, exploitation, and abuse, especially in connection with pornography.
- Commits to international treaties related to children’s rights, including the Convention on the Rights of the Child and related protocols.
Definitions
- "Child" includes persons under 18, those unable to protect themselves due to disability, persons depicted as children, and computer-generated images appearing to be children.
- "Child pornography" means any representation of a child engaged in real or simulated explicit sexual activities.
- Defines "Explicit Sexual Activity" to include intercourse, lascivious acts, bestiality, sadomasochism, and exposure of private parts.
- Defines terms like Internet address, Internet café, ISP, grooming, luring, pandering, and person (natural or juridical).
Unlawful Acts
- Prohibits hiring, using, producing, distributing, possessing for sale, permitting venues, distributing via media, permitting child participation, grooming, luring, pandering, willful access, conspiracy, and simple possession of child pornography.
Syndicated Child Pornography
- Crime committed by three or more persons conspiring is considered syndicated and is subject to enhanced penalties.
Filing Complaints
- Complaints may be filed by the victim, parents, relatives, social workers, law enforcement, barangay chairmen, concerned citizens, or persons with personal knowledge.
Special Prosecutors
- DOJ shall appoint special prosecutors to handle cases under this Act.
Jurisdiction
- Family Courts with territorial jurisdiction handle cases under this Act.
Duties of Internet Service Providers (ISPs)
- Mandatory notification to PNP or NBI within 7 days upon knowledge of child pornography on their servers.
- Preserve evidence, furnish user details on request, install blocking/filtering software.
- No liability for good faith reporting.
- NTC to issue implementing rules including technology mandates.
- Penalties apply for violations.
Responsibilities of Mall Owners and Business Establishment Owners/Lessors
- Duty to notify authorities within 7 days of awareness of violations on their premises.
- Public display presumed knowledge; lack of ordinary diligence also presumed knowledge.
- Other related persons like photo developers and IT professionals must report suspected cases.
- Penalties for willful failure to notify.
Duties of Internet Content Hosts
- Prohibited from hosting child pornography.
- Must report within 7 days if detected and preserve evidence.
- Must provide user particulars on authorities’ request.
- Failure to remove content within 48 hours is conclusive evidence of willful violation.
- Subject to penalties for violations.
Regulation of Internet Cafés/Kiosks
- Local government units have authority to monitor and regulate internet cafés and kiosks to prevent offenses.
Confidentiality and Privacy
- Child victims’ privacy protected in investigation, prosecution, and trial.
- Proceedings may be closed to the public.
- Identifying information kept confidential and records sealed.
- Protective orders govern viewing and handling of child pornography evidence.
- Media prohibited from disclosing identities of victims.
- Violations of confidentiality are penalized.
Care and Custody of Child Victims
- DSWD responsible for providing care, custody, support, and reintegration services.
- Child and family entitled to witness protection benefits.
- Child considered a victim of violent crime for purposes of compensation claims.
Penalties and Sanctions
- Range from arresto mayor to reclusion perpetua depending on the offense and circumstances.
- Heavier penalties for syndicates and aggravated cases involving relatives or public officials.
- Fines range from tens of thousands to millions of pesos.
- Penalties for ISPs and business establishments include fines and license revocation.
Common Penal Provisions
- Maximum penalties when offender is a guardian or related within third degree, public official, or when the offender is a juridical person, penalties are imposed on responsible officers.
- Foreign offenders to be deported after serving sentence and barred from re-entry.
Confiscation and Forfeiture
- Courts to order confiscation of proceeds, tools, and instruments used in offenses.
- Awards for damages taken from offender’s personal property.
- Proceeds from confiscated property to fund DSWD implementation programs.
- Offenders liable to pay the value of destroyed or concealed property.
Mandatory Services for Victims
- Government agencies and LGUs must provide shelters, counseling, free legal services, medical and psychological care, livelihood training, and educational assistance.
- Long-term supervision to ensure recovery.
Programs for Victims
- Inter-Agency Council Against Child Pornography to develop preventive and rehabilitative programs.
- Includes research, technical support, conferences, info campaigns, and victim reintegration.
Inter-Agency Council Composition
- Chaired by Secretary of DSWD.
- Member agencies include DOJ, Department of Labor, Science and Technology, Philippine National Police, human rights, communication commissions, police, NGOs, and child welfare bodies.
- Members serve three-year terms, may appoint permanent representatives.
- Secretariat established under DSWD.
Council Functions
- Formulate plans and regulations.
- Monitor law enforcement and program implementation.
- Coordinate interagency responses.
- Conduct information dissemination.
- Assist in filing cases.
- Develop victim reintegration programs.
- Initiate research and maintain databases.
- Recommend legislative or policy improvements.
Child Pornography as Transnational Crime
- DOJ authorized to assist foreign states in investigation and prosecution under principles of mutuality and reciprocity.
- May conduct preliminary investigations and provide information or seek forfeiture orders.
Extradition
- DOJ and DFA to include child pornography in extradition treaties.
Congressional Oversight Committee
- Composed of members from both Senate and House of Representatives.
- Monitors implementation, identifies weaknesses, recommends remedies.
Appropriations
- Funding to implement this Act is included in the annual General Appropriations Act.
Implementing Rules
- The Inter-Agency Council to promulgate rules within 90 days of effectivity.
Suppletory Application of the Revised Penal Code
- The Revised Penal Code applies in a supplementary manner.
Separability Clause
- Unconstitutional provisions do not affect the remainder of the law.
Repealing Clause
- Laws and rules inconsistent with this Act are amended or repealed accordingly.
Effectivity
- Takes effect 15 days after complete publication in the Official Gazette or newspapers of general circulation.