Modyul 2 sub modyul 2.4 paksa 2 sesyon 2 ra 9775 presentation 4 ps

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Modyul 2 sub modyul 2.4 paksa 2 sesyon 2 ra 9775 presentation 4 ps

  1. 1. CHILD PORNOGRAPHY IN THE
  2. 2. 1. Republic Act No. 9775 is the “Anti-Child Pornography Act of 2009” (“Act”). 2. Under the Anti-Child Pornography Act of 2009, the term “child” may refer to an adult when such adult is presented, depicted or portrayed as a child. 3. The definition of child pornography in the Act includes explicit sexual activities engaging or involving a child even if such activities are only simulated. 4. Pandering is the same as distribution of child pornography materials. 5. Mere possession of child pornography of any form is punishable in the Act. 6. Mere access of any form of child pornography is an unlawful or prohibited act. 7. Any law enforcement officer is categorically included in the Act as among those who may file a complaint unlike in R.A. 7610 and R.A. 9208. 8. The Confidentiality provision of the Act protects the rights to privacy of the child and the accused. 9. The liability of the Internet Content Host is less than that of the Internet Service Provider in terms of penalty. 10. Child pornography as a transnational crime is an extraditable offense.
  3. 3. Cybersex is a virtual sex encounter in which two or more persons connected remotely via a computer network send one another sexually explicit messages describing a sexual experience. It is a form of role-playing in which the participants pretend they are having actual sexual intercourse, by describing their actions and responding to their chat partners in a mostly written form designed to stimulate their own sexual
  4. 4. - Approximately 20% of all Internet pornography involves children (National Center for Missing & Exploited Children) - Average age of first Internet exposure to pornography – 11 years old** - 15-17 year olds having multiple hard-core exposures – 80%** **Worldwide statistics http://www.safefamilies.org/sfStats.php
  5. 5. Source: Child Pornography in the Philippines UPCIDS and UNICEF Manila 2005
  6. 6. Source: Child Pornography in the Philippines UPCIDS and UNICEF Manila 2005
  7. 7. “State parties undertake to protect the child from all forms of sexual exploitation and abuse” Article 34, CRC
  8. 8.  Repeated victimization Source: Child Pornography in the Philippines UPCIDS and UNICEF Manila 2005 It is a grave form of sexual exploitation.It is a grave form of sexual exploitation.It is a grave form of sexual exploitation.It is a grave form of sexual exploitation.
  9. 9.  Repeated exploitation Source: Child Pornography in the Philippines UPCIDS and UNICEF Manila 2005
  10. 10.  The Anti-Child Pornography Act of 2009  Took effect 6 February 2010  IRR took effect on 13 July 2010
  11. 11.  Any representation of a child engaged or involved in real or simulated explicit sexual activities
  12. 12.  Any representation of a child engaged or involved in real or simulated explicit sexual activities visual, audio, written or a combination thereof by electronic, mechanical, digital, optical, magnetic or any other means
  13. 13.  Any representation of a child engaged or involved in real or simulated explicit sexual activities  R.A. 7610 definition  Also refers to: (1) a person regardless of age who is presented, depicted or portrayed as a child (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
  14. 14.  Any representation of a child engaged or involved in real or simulated explicit sexual activities Includes actual or simulated:  sexual intercourse or lascivious act  bestiality  masturbation  sadistic or masochistic abuse  lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus  use of any object or instrument for lascivious acts
  15. 15.  POSSESSION & ACCESS ―To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast ―Reclusion temporal in its medium period (14y 4m 1d-17y 4m) and a fine of P750,000 to P1,000,000 ―To possess any form of child pornography ―arresto mayor in its minimum period (1m-2m) and a fine of P50,000 to P100,000 ―To willfully access any form of child pornography ―prision correccional in its maximum period (4y 2m 1d-12y) and a fine of P200,000 to P300,000
  16. 16.  PRODUCTION & DISTRIBUTION — To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography — To produce, direct, manufacture, or create any form of child pornography — To publish, offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography —Reclusion temporal maximum (17y 4m 1d-20y) and a fine of P1M-2M — For film distributors, theaters, and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography —Reclusion temporal medium (14y 4m 1d-17y 4m) and a fine of P750,000- P1M — To engage in pandering of any form of child pornography —Prision mayor minimum (6y 1d-8y) and a fine of P300,000-500,000
  17. 17.  FACILITATION ―To knowingly, willfully, and intentionally provide a venue for the commission of prohibited acts ―Reclusion temporal medium (14y 4m 1d-17y 4m) and a fine of P750,000-P1M ―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 ―Reclusion temporal minimum (12y 1d-14y 8m) and a fine of P500,000-P700,000
  18. 18.  PREPARATORY ACTS —To engage in the luring or grooming of a child —Luring – 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 a sexual activity or production of any form of child pornography. —Grooming - act of preparing a child or someone who the offender believes to be a child for a sexual activity or sexual relationship by communicating any form of child pornography. —Prision mayor maximum and a fine of P300,000-P500,000 Unlawful or Prohibited Acts
  19. 19.  NON-COMPLIANCE WITH DUTIES TO REPORT —Failure to comply with the duties of an Internet Service Provider —Fine of P500,000-P1M 1st offense —P1M-2M subsequent offenses —Failure to comply with the duties of an Internet Content Host —Prision correccional medium (2y 4m 1d-4y 2m) and a fine of P1M-2M 1st offense — Fine of P2M-3M —Failure to comply with the responsibility of the mall owner/operator and owner or lessor of other business establishments, including photo developers, information technology professionals, credit card companies and banks —Fine of P1M-2M 1st offense —Fine of P2M-3M subsequent offense Unlawful or Prohibited Acts
  20. 20.  OTHERS —Violation of confidentiality —Arresto mayor minimum (1m-2m) and a fine of P100,000- P300,000 —Syndicated child pornography —Reclusion perpetua (20y 1d-40y) and a fine of P2M-5M Unlawful or Prohibited Acts
  21. 21.  the offended party  parents or guardians, ascendant or collateral relative of the victim within the 3rd degree of consanguinity  officer or social worker of DSWD  local social welfare development officer  barangay chairman  any law enforcement officer  at least 3 concerned responsible citizens residing in the place where the violation occurred, or  any person who has personal knowledge of the circumstances of the commission of any offenses under the Act
  22. 22.  The LGU of the city or municipality where an internet café or kiosk is located shall monitor or regulate the establishment and operation of the same and similar establishments
  23. 23.  Family Court with territorial jurisdiction over the place where the offense or any of its elements was committed
  24. 24.  Any person who, acting in good faith, shall report a case of child pornography shall be free from any civil or administrative liability arising therefrom.  Presumption of good faith
  25. 25.  Emergency shelter or appropriate housing  Counseling  Free legal services  Medical or psychological services  Livelihood and skills training  Educational assistance
  26. 26.  Alex invited 3 boys, ages 11, to his house under the pretext of teaching them how to dance hip-hop. After meeting with and practicing the boys for several weeks, he gained their trust and confidence. One day, he asked the boys to take off their shirts while dancing. The following week, he asked them to dance hip-hop while wearing very tight short pants and without their shirts on. While the boys were dancing, he took a video of them then he posted the video on YouTube. Did Alex commit any of the unlawful or prohibited acts under R.A. 9775?
  27. 27.  Destileria Limtuaco erected three billboards in strategic, high- traffic locations in Manila for Napoleon Quince. Positioned as a 15-year old brandy, the copy reads "Nakatikim ka na ba ng kinse anos?" ("Have you tasted a 15-year-old?"). The billboard campaign was complemented with a radio spot in which a wife accuses her husband of having an affair with a 15-year- old at a bar. He explains the 15-year-old in question is Napoleon Quince. If the ads are released now with R.A. 9775 in effect, will the ads be considered child pornography?
  28. 28. 1. Republic Act No. 9775 is the “Anti-Child Pornography Act of 2009” (“Act”). 2. Under the Anti-Child Pornography Act of 2009, the term “child” may refer to an adult when such adult is presented, depicted or portrayed as a child. 3. The definition of child pornography in the Act includes explicit sexual activities engaging or involving a child even if such activities are only simulated. 4. Pandering is the same as distribution of child pornography materials. 5. Mere possession of child pornography of any form is punishable in the Act. 6. Mere access of any form of child pornography is an unlawful or prohibited act. 7. Any law enforcement officer is categorically included in the Act as among those who may file a complaint unlike in R.A. 7610 and R.A. 9208. 8. The Confidentiality provision of the Act protects the rights to privacy of the child and the accused. 9. The liability of the Internet Content Host is less than that of the Internet Service Provider in terms of penalty. 10. Child pornography as a transnational crime is an extraditable offense.

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