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Position paper on drafting of irr for ra 9775

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  • 1. I-CAFÉ PILIPINAS 5 F. Balagtas St., Marikina Heights Marikina City, Metro-Manila, Phils. Website: http://www.icafepilipinas.org/ Email Address: info@icafepilipinas.org A Position Paper in Response to the Drafting of the Implementing Rules and Regulations of Republic Act No. 9775 (Anti-Child Pornography Act of 2009) I. BACKGROUND: I-Café Pilipinas as the national advocacy body of the Internet café industry in the Philippines was invited to attend the Regional Consultation on the Drafting of the Implementing Rules and Regulations (IRR) of Republic Act 9775 (Anti-Child Pornography Act of 2009) held last March 9, 2010 at College of Saint Benilde in Manila. This position paper is prepared to formalize the positions of I-Café Pilipinas with regards to the implementation of some provisions of RA 9775 which directly concern the Internet café (i-café) owners in the country. It is hoped that the technical working group that will finalize would consider the inclusions of our recommendations in the implementation of the law. For our purpose, this position paper will only cover the sections of the law that specifically concern the i-cafés and its operations, the proposed IRR for the said section as written in the draft and our recommendations on the implementation of the said sections of the law. The non-inclusion of the other sections of the law in this position paper can be construed as our agreement to the implementation rules as discussed during the consultation meeting. II. SECTIONS OF THE LAW THAT CONCERN THE I-CAFÉ INDUSTRY, THE PROPOSED IMPLEMENTING RULES AND REGULATIONS AND OUR SUGGESTIONS AND RECOMMENDATIONS : Sections of the Law That Proposed Implementing Rules and Our Suggestions and Recommendations Concern the I-Café Industry Regulations – RA 9775 Section 3: Definition of Terms Section 5: Definition of Terms A) We suggest that the definition of “Internet service provider (ISP)” be expanded to (g) “Internet service provider (i) “Internet service provider (ISP)” become “refers to a person or entity that (ISP)” – refers to a person – refers to a person or entity supplies or proposes to supply an internet or entity that supplies or that supplies or proposes to carriage service to the public such proposes to supply an supply an internet carriage telecommunication companies (telcos), internet carriage service service to the public. cable TV companies (CATV) and the like to the public. but excluding internet cafes and kiosks”. We wish to emphasize that i-cafes are just providing internet access to the public but the carriage of the internet signal is not part of its services. Section 9: Duties of an Internet Service Provider (ISP) NOTE: There was no discussion of B) We oppose the use of a blanket filter to the proposed IRR for this block incoming and outgoing internet . . . . . All ISPs shall install provision of the law because contents that may have child pornography available technology, program the agency mandated by the in them. Experience of other countries or software to ensure that law to promulgate the confirms degradation of internet service if access to or transmittal of any specific IRR for the technical blanket filtering of the web is done and such form of child pornography will be sections, the National practice can easily intrude into the privacy blocked or filtered. Telecommunications of an individual on mere suspicion of being Commission (NTC) has not a violator of RA 9775. yet submitted it to the technical working group Instead of a blanket filter, we suggest the IP headed by DSWD. ban of suspected sites to be recommended by the Inter-Agency Council Against Child Pornography (IACACP).
  • 2. Sections of the Law That Proposed Implementing Rules and Our Suggestions and Recommendations Concern the I-Café Industry Regulations – RA 9775 Section 20: Inter-Agency Section 6: Creation – The Inter- C) Considering that the primary objectives in Council Against Child Agency Council Against Child the formation of the Inter-Agency Council Pornography – There is hereby Pornography (IACACP) shall be Against Child Pornography (IACACP) are to established an Inter-Agency established which shall be primarily coordinate, monitor and oversee the Council Against Child tasked to coordinate, monitor and implementation of the law and that i-cafés Pornography to be composed of oversee the implementation of the are possible areas where violations of its the Secretary of the DSWD as Act. provisions may occur, I-Café Pilipinas sees chairperson and the following as its position as an NGO that could help in the members: Section 7: Composition – The Council. Council shall be composed of the . .(l) Three (3) representatives following: The inclusion of I-Café Pilipinas among the from children’s NGOs worth nominating as a member of nongovernmental (l) Three (3) representatives from IACACP is hereby sought when the Council organizations. These children’s nongovernmental start considering the qualification, selection representatives shall be organizations. and appointment of the three (3) NGOs that nominated by the will form part of it. government agency Section 8: Qualifications, representatives of the Selection and Appointment of Council for appointment NGO and its Representative - The by the President for a NGOs, with national and international term of three (3) years networks, and its representatives to and may be renewed the Council must have a proven track upon renomination and record of involvement in the reappointment of the prevention and suppression of child Council and the President pornography. They shall be respectively. nominated by the government agency representatives of the Council and shall be selected by majority vote thereof and endorsed to the President. They shall be appointed by the President for a term of three (3) years. With the above suggestions and recommendations, I-Café Pilipinas hereby offers its services in the initiatives to protect the children against all forms of abuse whether it be committed online or offline by unscrupulous members of society. Prepared by: Edgardo C. Zafra Chair, I-Café Pilipinas