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Republic Act No. 9775: "Anti-Child Pornography Act of 2009."

This document summarizes Republic Act No. 9775, also known as the Anti-Child Pornography Act of 2009 in the Philippines. It defines key terms like "child", "child pornography", and "explicit sexual activity". It outlines unlawful acts related to child pornography such as production, distribution, possession and accessing of child pornography. It also discusses the duties of internet service providers, internet content hosts, and local governments to help prevent and prosecute child pornography crimes. Syndicated child pornography committed by groups of three or more people is also addressed.

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Luzenne Jones
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89 views17 pages

Republic Act No. 9775: "Anti-Child Pornography Act of 2009."

This document summarizes Republic Act No. 9775, also known as the Anti-Child Pornography Act of 2009 in the Philippines. It defines key terms like "child", "child pornography", and "explicit sexual activity". It outlines unlawful acts related to child pornography such as production, distribution, possession and accessing of child pornography. It also discusses the duties of internet service providers, internet content hosts, and local governments to help prevent and prosecute child pornography crimes. Syndicated child pornography committed by groups of three or more people is also addressed.

Uploaded by

Luzenne Jones
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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REPUBLIC ACT NO.

9775
"Anti-Child Pornography Act of
2009."
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING
PENALTIES THEREFOR AND FOR OTHER PURPOSES
"Child"

Refers to a person below eighteen (18) years of age or over, but is


unable to fully take care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental
disability or condition.
“Child” shall also refer to:

(1) a person regardless of age who is presented, depicted or portrayed


as a child as defined herein; and
(2) computer-generated, digitally or manually crafted images or
graphics of a person who is represented or who is made to appear to
be a child as defined herein.
"Child pornography"

Any representation, whether visual, audio, or written combination


thereof, by electronic, mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in real or simulated explicit
sexual activities.
"Explicit Sexual Activity" includes actual or
simulated -
(1) As to form: Sexual intercourse or lascivious act including, but not
limited to, contact involving genital to genital, oral to genital, anal to
genital, or oral to anal, whether between persons of the same or
opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area
and/or anus; or
(6) use of any object or instrument for lascivious acts
Grooming, Luring & Pandering.

"Grooming" refers to the act of preparing a child or someone who the


offender believes to be a child for sexual activity or sexual
relationship by communicating any form of child pornography. It
includes online enticement or enticement through any other means.
"Luring" refers to the act of communicating, by means of a computer
system, with a child or someone who the offender believes to be a
child for the purpose of facilitating the commission of sexual activity
or production of any form of child pornography.
"Pandering" refers to the act of offering, advertising, promoting,
representing or distributing through any means any material or
purported material that is intended to cause another to believe that
the material or purported material contains any form of child
pornography, regardless of the actual content of the material or
purported material.
Unlawful or Prohibited Acts.

a) To hire, employ, use, persuade, induce or coerce a child to


perform in the creation or production of any form of child
pornography;
(b) To produce, direct, manufacture or create any form of child
pornography;
(c) To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
(d) To possess any form of child pornography with the intent to
sell, distribute, publish, or broadcast: Provided. That
possession of three (3) or more articles of child pornography of
the same form shall be prima facie evidence of the intent to
sell, distribute, publish or broadcast;
Unlawful or Prohibited Acts. con’t

(e) To knowingly, willfully and intentionally provide a venue


for the commission of prohibited acts as, but not limited
to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
(g) 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;
(h) To engage in the luring or grooming of a child;
Unlawful or Prohibited Acts. con’t

(i) To engage in pandering of any form of child pornography;


(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this
section. Conspiracy to commit any form of child pornography shall be
committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child pornography.
Syndicated Child Pornography

Committed by a group of three (3) or more persons conspiring or


confederating with one another.
Who May File a Complaint.

(a) Offended party;


(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring
institution;
(e) Officer or social worker of the Department of Social Welfare and
Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where
the violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the
commission of any offense under this Act.
Duties of an Internet Service Provider.

• Notify NBI or PNP of child pornography being committed using its


facility;
• Preserve evidence for investigation;
• Furnish particulars of parties who gained or attempted to gain access
to child pornography;
• Install available technology to block or filter child pornography;
Responsibility of Mall Owners/Operators and Owners or Lessors
of Other Business Establishments.

Applies to mall owners/operators and owners or lessors of other


business establishments, photo developers, information technology
professionals, credit card companies and banks and any person.

Notify NBI or PNP of child pornography being committed;


Presumptions.

Public display of any form of child pornography within their premises is


a conclusive presumption of the knowledge of the mall
owners/operators and owners or lessors of other business
establishments of the violation.
Disputable presumption of knowledge by mall owners/operators and
owners or lessors of other business establishments should know or
reasonably know that a violation of this Act is being committed in
their premises.
Duties of an Internet Content Host.

• Not to host any child pornography;


• Report child pornography within 7 days;
• Preserve evidence for investigation & prosecution;
• Furnish the particulars of users who gained or attempted to gain
access to any form of child pornography.
Regulate Internet café and kiosk.

The local government unit (LGU) of the city or municipality where an


internet café or kiosk is located shall have the authority to monitor
and regulate the establishment and operation of the same or similar
establishments in order to prevent violation of the provisions of this
Act.
Child Pornography as a Transnational Crime.

Pursuant to the Convention on transnational Organized Crime, the DOJ


may execute the request of a foreign state for assistance in the
investigation or prosecution of any form of child pornography by: (1)
conducting a preliminary investigation against the offender and, if
appropriate, to file the necessary charges in court; (2) giving
information needed by the foreign state; and (3) to apply for an order
of forfeiture of any proceeds or monetary instrument or properly
located in the Philippines used in connection with child pornography
in the court; Provided, That if the DOJ refuses to act on the request of
for delaying the execution thereof: Provided, further, That the
principles of mutuality and reciprocity shall, for this purpose, be at all
times recognized.

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