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Anti child pornography

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Anti child pornography

  1. 1. REPUBLIC ACT 9775“Anti-Child Pornography Act of 2009.”AN ACT DEFINING THE CRIME OF CHILDPORNOGRAPHY, PRESCRIBING PENALTIESTHEREFOR AND FOR OTHER PURPOSESPSUPT KIRBY JOHN BRION KRAFT, PESEChief of Police, San Pedro MPS
  2. 2. "Child" refers to a person beloweighteen (18) years of age or over,but is unable to fully take care ofhimself/herself from abuse, neglect,cruelty, exploitation or discriminationbecause of a physical or mentaldisability or condition.
  3. 3. Child shall also refer to:(1) a person regardless of agewho is presented, depicted orportrayed as a child.(2) computer-generated,digitally or manually crafted imagesor graphics of a person who isrepresented or who is made toappear to be a child as definedherein.
  4. 4. "Child pornography" refers toany representation, whether visual,audio, or written combination thereof, byelectronic, mechanical, digital, optical,magnetic or any other means, of childengaged or involved in real or simulatedexplicit sexual activities.
  5. 5. Unlawful or Prohibited Acts and Penalties(a) To hire, employ, use, persuade, induce or coerce achild to perform in the creation or production of any form of childpornography.(b) To produce, direct, manufacture or create any form ofchild pornography.(c) To publish offer, transmit, sell, distribute, broadcast,advertise, promote, export or import any form of childpornography.Any person found guilty of committing the aboveacts shall suffer the penalty of reclusion temporal in its maximumperiod and a fine of not less than One million pesos(Php1,000,000.00) but not more than Two million(Php2,000,000.00);
  6. 6. Unlawful or Prohibited Acts and Penalties(d) To possess any form of child pornography with theintent to sell, distribute, publish, or broadcast: Provided. Thatpossession of three (3) or more articles of child pornography of thesame form shall be prima facie evidence of the intent to sell,distribute, publish or broadcast;(e) To knowingly, willfully and intentionally provide a venuefor the commission of prohibited acts as, but not limited to, dens,private rooms, cubicles, cinemas, houses or in establishmentspurporting to be a legitimate business;(f) For film distributors, theaters and telecommunicationcompanies, by themselves or in cooperation with other entities, todistribute any form of child pornography;Any person found guilty of committing the above acts shall sufferthe penalty of reclusion temporal in its medium period and a fine ofnot less than Seven hundred fifty thousand pesos (Php750,000.00)but not more than One million pesos (Php1,000,000.00);
  7. 7. Unlawful or Prohibited Acts and Penalties(g) For a parent, legal guardian or person havingcustody or control of a child to knowingly permit the child toengage, participate or assist in any form of child pornography;Any person found guilty of committing this act shall suffer thepenalty of reclusion temporal in its minimum period and a fineof not less than Five hundred thousand pesos (Php500,000.00)but not more than Seven hundred thousand pesos(Php700,000.00);(h) To engage in the luring or grooming of a child;Any person found guilty of committing this Act shall suffer thepenalty of prision mayor in its maximum period and a fine ofnot less than Three hundred thousand pesos (Php300,000.00)but not more than Five hundred thousand pesos(Php500,000.00);
  8. 8. Unlawful or Prohibited Acts and Penalties(i) To engage in pandering of any form of childpornography;Any person found guilty of committing this Act shall sufferthe penalty of prision mayor in its minimum period and afine of not less than Three hundred thousand pesos(php300,000.00) but not more than Five hundred thousandpesos (Php500,000.00);(j) To willfully access any form of child pornography;Any person found guilty of committing this Act shall sufferthe penalty of prision correccional in its maximum periodand a fine of not less than Two hundred thousand pesos(Php200,000.00) but not more than Three hundredthousand pesos (Php300,000.00);
  9. 9. Unlawful or Prohibited Acts and Penalties(k) To conspire to commit any of the prohibited actsstated in this section. Conspiracy to commit any form of childpornography shall be committed when two (2) or more personscome to an agreement concerning the commission of any of thesaid prohibited acts and decide to commit it; andAny person found guilty of committing this act shall suffer thepenalty of prision correccional in its medium period and a fine ofnot less than One hundred thousand pesos (php100,000.00) butnot more than Two hundred fifty thousand pesos(php250,000.00);(l) To possess any form of child pornography.Any person found guilty of committing this act shall suffer thepenalty of arresto mayor in its minimum period and a fine of notless than Fifty thousand pesos (Php50,000.00) but not more thanOne hundred thousand pesos (Php100,000.00);
  10. 10. Duties of an Internet Service Provider (ISP)All internet service providers (ISPs) shall notify thePhilippine National Police (PNP) or the NationalBureau of Investigation (NBI) within seven (7) daysfrom obtaining facts and circumstances that any formof child pornography is being committed using itsserver or facility. Nothing in RA 9775 may beconstrued to require an ISP to engage in themonitoring of any user, subscriber or customer, or thecontent of any communication of any such person:Provided, That no ISP shall be held civilly liable fordamages on account of any notice given in good faithin compliance with this section.
  11. 11. PENALTYAny ISP found guilty of willfully and knowinglyfailing to comply with the notice andinstallation requirements under RA 9775 shallsuffer the penalty of a fine of not less thanFive hundred thousand pesos(Php500,000.00) but not more than Onemillion pesos (Php1,000,000.00) for the firstoffense. In case of subsequent offense, thepenalty shall be a fine of not less than Onemillion pesos (Php1,000,000.00) but not morethan Two million pesos (Php2,000,000.00)and revocation of its license to operate.
  12. 12. Responsibility of Mall Owners/Operators and Owners or Lessors ofOther Business Establishments. –All mall owners/operators and owners or lessors of otherbusiness establishments shall notify the PNP or the NBI within seven(7) days from obtaining facts and circumstances that childpornography is being committed in their premisesThe public display of any form of child pornography withintheir premises is a conclusive presumption of the knowledge of themall owners/operators and owners or lessors of other businessestablishments of the violation of RA 9775.That a disputable presumption of knowledge by mallowners/operators and owners or lessors of other businessestablishments should know or reasonably know that a violation of RA9775 is being committed in their premises.Photo developers, information technology professionals,credit card companies and banks and any person who has directknowledge of any form of child pornography activities shall have the
  13. 13. Responsibility of Mall Owners/Operators and Ownersor Lessors of Other Business EstablishmentsAll mall owners/operators and owners or lessors of otherbusiness establishments shall notify the PNP or the NBI withinseven (7) days from obtaining facts and circumstances thatchild pornography is being committed in their premisesThe public display of any form of child pornographywithin their premises is a conclusive presumption of theknowledge of the mall owners/operators and owners or lessorsof other business establishments of the violation of RA 9775.That a disputable presumption of knowledge by mallowners/operators and owners or lessors of other businessestablishments should know or reasonably know that a violationof RA 9775 is being committed in their premises.
  14. 14. Photo developers, information technology professionals,credit card companies and banks and any person who hasdirect knowledge of any form of child pornography activitiesshall have the duty to report any suspected child pornographymaterials or transactions to the proper authorities within seven(7) days from discovery thereof.Any mall owner-operator and owner or lessor of other businessestablishments including photo developers, informationtechnology professionals, credit card companies and banks,found guilty of willfully and knowingly failing to comply with thenotice requirements under RA 9775 shall suffer the penalty of afine of not less than One million pesos (Php1,000,000.00) butnot more than Two million pesos (Php2,000,000.00) for the firstoffense. In the case of a subsequent offense, the penalty shallbe a fine of not less than Two million pesos (Php2,000,000.00)but not more than Three million pesos (Php3,000,000.00) andrevocation of its license to operate and immediate closure ofthe establishment
  15. 15. Duties of an Internet Content HostAn internet content host shall:(a) Not host any form of child pornography on itsinternet address;(b) Within seven (7) days, report the presence of anyform of child pornography, as well as the particularsof the person maintaining, hosting, distributing or inany manner contributing to such internet address, tothe proper authorities; and(c) Preserve such evidence for purposes ofinvestigation and prosecution by relevant authorities.
  16. 16. An internet content host shall, upon therequest of proper authorities, furnish theparticulars of users who gained or attempted togain access to an internet address thatcontains any form of child pornography.The failure of the internet content host toremove any form of child pornography withinforty-eight (48) hours from receiving the noticethat any form of child pornography is hitting itsserver shall be conclusive evidence of willfuland intentional violation.
  17. 17. PENALTYAn internet content host who shallknowingly, willfully and intentionally violate thisprovision shall suffer the penalty of prisioncorreccional in its medium period and a fine ofnot less than One million pesos(Php1,000,000.00) but not more than Twomillion pesos (Php2,000,000.00) for the firstoffense. In the case of a subsequent offense,the penalty shall be a fine not less than Twomillion pesos (Php2,000,000.00) but not morethan Three million pesos (Php3,000,000.00)and revocation of its license to operate andimmediate closure of the establishment.
  18. 18. Who May File a Complaint?Complaints on cases of any form of childpornography and other offenses punishable underRA 9775 may be filed by the following:(a)Offended party;(b) Parents or guardians;(c) Ascendant or collateral relative within the thirddegree of consanguinity;(d) Officer, social worker or representative of alicensed child-caring institution;
  19. 19. Who May File a Complaint?(e) Officer or social worker of the Department ofSocial 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 citizensresiding in the place where the violation occurred; or(j) Any person who has personal knowledge of thecircumstances of the commission of any offenseunder RA 9775.
  20. 20. CONFIDENTIALITYThe right to privacy of the child shall beensured at any stage of the investigation,prosecution and trial of an offense under RA9775.Any person found guilty of violating thisconfidentiality shall suffer the penalty ofarresto mayor in its minimum period and afine of not less than One hundred thousandpesos (Php100,000.00) but not more thanThree hundred thousand pesos(Php300,000.00).

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