Law Summary
Definition of Key Terms
- Defines "child" as anyone below eighteen or incapable of self-protection due to disabilities.
- Child sexual abuse covers communication or physical acts used for sexual gratification regardless of consent.
- Child sexual abuse or exploitation material (CSAEM) includes visual, audio or written representations depicting sexual activities or abuse of a child.
- Defines grooming, luring, image-based sexual abuse, and online sexual abuse or exploitation of children (OSAEC).
- Specifies roles of internet intermediaries, service providers, payment system providers and relevant technology terms.
Unlawful Acts
- Prohibits hiring, employing, producing, distributing, or benefiting financially from CSAEM or OSAEC.
- Criminalizes live streaming or streaming of sexual abuse and exploitation.
- Includes recruitment, transportation, pandering, grooming, and luring as punishable offenses.
- Marks possession of three or more CSAEM as prima facie evidence of intent to distribute.
- Explicitly invalidates consent of child victims as a defense.
Penalties
- Offenses involve penalties ranging from fines to life imprisonment depending on the gravity.
- Syndicated offenses or those involving multiple victims carry harsher penalties with higher fines.
- Public officials abusing authority face imprisonment and perpetual disqualification from public service.
- Juridical persons may face fines representing a portion of net worth and revocation of licenses.
- Foreign offenders shall be prosecuted, deported after serving sentence, and barred from re-entry.
Duties and Responsibilities of Private Sectors
- Internet intermediaries must adopt policies prohibiting CSAEM/OSAEC, preserve data, block illegal content within 24 hours, and report to DOJ.
- ISPs must notify law enforcement of server misuse and maintain subscriber logs.
- Payment system providers must report suspicious financial activity and cooperate with investigations.
- Internet hotspots and cafes must report violations, install detection software, and promote awareness.
Jurisdiction and Investigation
- The State exercises jurisdiction even for crimes committed abroad if involving Filipino citizens or victims.
- Law enforcement agencies may cooperate with foreign counterparts in investigations.
- Investigations can use electronic surveillance and interception with court orders, and undercover operations without court orders.
Victims' Protection and Support
- Child victims receive protective custody, trauma-informed services including shelter, counseling, legal aid, medical/psychological care, education, and livelihood training.
- Cases cannot be dismissed based on desistance affidavits.
- Confidentiality of victims’ identities and records is strictly maintained.
Institutional Mechanisms
- Creation of a National Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM) under IACAT.
- NCC coordinates preventive programs, data monitoring, international collaboration, victim assistance, and awareness campaigns.
- Establishes an offenders’ registry including detailed personal and criminal data.
- Congressional Oversight Committee ensures effective implementation and proposes remedial measures.
Other Provisions
- Mandates age verification for accessing adult content on online platforms.
- Provides safe harbor for entities complying with reporting and removal of illegal content.
- Addresses special accommodations for children with disabilities in case management.
- Repeals previous laws inconsistent with this Act and applies the Revised Penal Code suppletorily.
- Requires local government units to enact ordinances to support prevention and rehabilitation efforts.
Implementation and Funding
- Requires the promulgation of implementing rules and regulations within six months.
- Appropriations shall be included in the General Appropriations Act.
- Establishment of a self-sustaining Endowment Fund from various sources to support the Act’s objectives.