ANTI-CHILD PORNOGRAPHY ACT OF 2009

Republic Act No. 9775

Summary of the Anti-Child Pornography Act of 2009

Declaration of Policy (Section 2):
- Recognizes the vital role of youth in nation-building and aims to promote and protect their well-being.
- Guarantees fundamental rights of children from neglect, cruelty, and conditions prejudicial to their development.
- Protects children from exploitation and abuse, including the use of children in pornographic materials and inducement to engage in pornography.
- Complies with international treaties on children's rights, including the Convention on the Rights of the Child and ILO Convention No. 182.

Definitions (Section 3):
- "Child" refers to a person below 18 years old or unable to take care of themselves due to disability, or a person depicted or portrayed as a child.
- "Child pornography" refers to any visual, audio, or written representation of a child engaged in explicit sexual activities.
- "Explicit sexual activity" includes various acts such as sexual intercourse, bestiality, masturbation, sadistic abuse, and lascivious exhibition.
- Defines other terms like "internet address," "internet cafe," "internet content host," "internet service provider (ISP)," "grooming," "luring," "pandering," and "person."

Unlawful or Prohibited Acts (Section 4):
- Hiring, employing, using, persuading, inducing, or coercing a child to perform in child pornography. (Section 4a)
- Producing, directing, manufacturing, or creating any form of child pornography. (Section 4b)
- Publishing, offering, transmitting, selling, distributing, broadcasting, advertising, promoting, exporting, or importing child pornography. (Section 4c)
- Possessing child pornography with intent to sell, distribute, publish, or broadcast, with possession of 3 or more articles as prima facie evidence of intent. (Section 4d)
- Knowingly providing a venue for prohibited acts. (Section 4e)
- Film distributors, theaters, and telecommunication companies distributing child pornography. (Section 4f)
- Parents or guardians permitting a child to engage in child pornography. (Section 4g)
- Engaging in the luring or grooming of a child. (Section 4h)
- Engaging in pandering of child pornography. (Section 4i)
- Willfully accessing child pornography. (Section 4j)
- Conspiring to commit any prohibited acts. (Section 4k)
- Possessing any form of child pornography. (Section 4l)

Syndicated Child Pornography (Section 5):
- The crime is deemed committed by a syndicate if carried out by a group of 3 or more persons conspiring with one another.

Who May File a Complaint (Section 6):
- Offended party, parents, guardians, relatives, officers, social workers, barangay chairmen, law enforcement officers, concerned citizens, or anyone with personal knowledge.

Appointment of Special Prosecutors (Section 7):
- The Department of Justice shall appoint or designate special prosecutors to prosecute cases under this Act.

Jurisdiction (Section 8):
- Jurisdiction over cases shall be vested in the Family Court with territorial jurisdiction over the place where the offense or any essential element was committed.

Duties of an Internet Service Provider (ISP) (Section 9):
- ISPs shall notify the PNP or NBI within 7 days of obtaining facts about child pornography being committed using their server or facility.
- ISPs shall preserve evidence for investigation and prosecution.
- ISPs shall furnish particulars of users who accessed child pornography upon request.
- ISPs shall install technology to block or filter access to child pornography.
- Failure to comply shall be subject to penalties under Section 15(k).

Responsibility of Mall Owners/Operators and Other Business Establishments (Section 10):
- Mall owners/operators and other business establishments shall notify the PNP or NBI within 7 days of obtaining facts about child pornography being committed on their premises.
- Public display of child pornography is conclusive presumption of knowledge.
- Failure to report shall be subject to penalties under Section 15(l).

Duties of an Internet Content Host (Section 11):
- Not host child pornography on its internet address.
- Report the presence of child pornography and particulars of the person maintaining it within 7 days.
- Preserve evidence for investigation and prosecution.
- Furnish particulars of users who accessed child pornography upon request.
- Failure to remove child pornography within 48 hours of notice is willful and intentional violation, subject to penalties under Section 15(j).

Authority to Regulate Internet Cafes or Kiosks (Section 12):
- Local government units shall have authority to monitor and regulate internet cafes or kiosks to prevent violations of this Act.

Confidentiality (Section 13):
- Ensures the right to privacy of the child at any stage of investigation, prosecution, and trial.
- Allows closed-door proceedings to ensure fair and impartial proceedings.
- Prohibits disclosure of the child's identity and personal circumstances.
- Records regarding the child shall be confidential and kept under seal.
- Child pornography as part of court records shall be subject to a protective order.
- Prohibits publication or broadcast of victims' names, subject to penalties under Section 15(m).

Care, Custody, and Treatment of a Child Victim (Section 14):
- The DSWD shall ensure appropriate care, custody, and support for the recovery and reintegration of child victims.
- The child and family shall be entitled to protection and benefits as witnesses under the Witness Protection Program.
- The child shall be considered a victim of a violent crime and may claim compensation.

Penalties and Sanctions (Section 15):
- Syndicated child pornography: reclusion perpetua and a fine of not less than PHP 2,000,000 but not more than PHP 5,000,000. (Section 15a)
- Violating Sections 4(a), (b), and (c): reclusion temporal in its maximum period and a fine of not less than PHP 1,000,000 but not more than PHP 2,000,000. (Section 15b)
- Violating Sections 4(d), (e), and (f): reclusion temporal in its medium period and a fine of not less than PHP 750,000 but not more than PHP 1,000,000. (Section 15c)
- Violating Section 4(g): reclusion temporal in its minimum period and a fine of not less than PHP 500,000 but not more than PHP 700,000. (Section 15d)
- Violating Section 4(h): prision mayor in its maximum period and a fine of not less than PHP 300,000 but not more than PHP 500,000. (Section 15e)
- Violating Section 4(i): prision mayor in its minimum period and a fine of not less than PHP 300,000 but not more than PHP 500,000. (Section 15f)
- Violating Section 4(j): prision correccional in its maximum period and a fine of not less than PHP 200,000 but not more than PHP 300,000. (Section 15g)
- Violating Section 4(k): prision correccional in its medium period and a fine of not less than PHP 100,000 but not more than PHP 250,000. (Section 15h)
- Violating Section 4(l): arresto mayor in its minimum period and a fine of not less than PHP 50,000 but not more than PHP 100,000. (Section 15i)
- Violating Section 11: prision correccional in its medium period and a fine of not less than PHP 1,000,000 but not more than PHP 2,000,000 for the first offense; subsequent offense, a fine of not less than PHP 2,000,000 but not more than PHP 3,000,000 and revocation of license to operate. (Section 15j)
- ISP failing to comply with Section 9: a fine of not less than PHP 500,000 but not more than PHP 1,000,000 for the first offense; subsequent offense, a fine of not less than PHP 1,000,000 but not more than PHP 2,000,000 and revocation of license to operate. (Section 15k)
- Mall owners/operators and other business establishments failing to comply with Section 10: a fine of not less than PHP 1,000,000 but not more than PHP 2,000,000 for the first offense; subsequent offense, a fine of not less than PHP 2,000,000 but not more than PHP 3,000,000 and revocation of license to operate. (Section 15l)
- Violating Section 13: arresto mayor in its minimum period and a fine of not less than PHP 100,000 but not more than PHP 300,000. (Section 15m)

Common Penal Provisions (Section 16):
- If the offender is a parent, guardian, or person with control or moral ascendancy over the child, the penalty shall be in its maximum duration, except for Section 4(g).
- If the offender is a juridical person, the penalty shall be imposed on the owner, manager, partner, board member, or responsible officer who participated or permitted the commission of the crime.
- If the offender is a foreigner, they shall be deported after serving the sentence and barred from entering the country.
- If the offender is a public officer or employee, the penalty shall be imposed in its maximum duration.

Confiscation and Forfeiture of Proceeds, Tools, and Instruments (Section 17):
- The court shall order the confiscation and forfeiture of all proceeds, tools, and instruments used in the commission of the crime, unless they belong to a third party not liable for the unlawful act.
- Proceeds from the sale of properties used in child pornography shall accrue to the DSWD's special account for implementing this Act.
- If the proceeds, tools, and instruments are destroyed, diminished in value, or concealed, the offender shall pay an amount equal to their value.

Mandatory Services to Victims of Child Pornography (Section 18):
- Government agencies and LGUs shall make available emergency shelter, counseling, free legal services, medical or psychological services, livelihood and skills training, and educational assistance to victims.
- Sustained supervision and follow-through mechanism shall be adopted to track the progress of recovery, rehabilitation, and reintegration of child victims.

Programs for Victims of Child Pornography (Section 19):
- The Inter-Agency Council Against Child Pornography shall develop and implement programs to prevent child pornography and protect, heal, and reintegrate child victims, including:
- Provision of mandatory services under Section 18.
- Sponsorship of national research program and data collection system.
- Provision of technical and material support services.
- Sponsorship of conferences and seminars.
- Promotion of information and education campaigns.

Inter-Agency Council Against Child Pornography (Section 20):
- Establishes an Inter-Agency Council Against Child Pornography composed of various government agencies and NGO representatives.
- The Council shall be chaired by the Secretary of the DSWD.
- The DSWD shall establish the necessary Secretariat for the Council.

Functions of the Council (Section 21):
- Formulate comprehensive plans and programs to prevent and suppress child pornography.
- Promulgate rules and regulations for effective implementation of the Act.
- Monitor and oversee strict implementation of the Act.
- Coordinate programs and projects of various agencies.
- Conduct information dissemination and campaigns.
- Direct agencies to respond to problems and report actions taken.
- Assist in filing cases against violators.
- Formulate a program for reintegration of victims.
- Secure assistance from government agencies, NGOs, and civic organizations.
- Complement shared government information system and conduct research.
- Develop mechanisms for timely and coordinated response to cases.
- Recommend measures for international cooperation.
- Adopt measures to protect rights and needs of foreign victims.
- Maintain a database of cases.
- Initiate training programs for identifying and assisting victims.
- Submit annual reports to the President and Congressional Oversight Committee.
- Exercise other powers and functions necessary to attain the Act's objectives.

Child Pornography as a Transnational Crime (Section 22):
- The DOJ may execute requests from foreign states for assistance in investigating or prosecuting child pornography cases, subject to principles of mutuality and reciprocity.

Extradition (Section 23):
- The DOJ, in consultation with the DFA, shall endeavor to include child pornography among extraditable offenses in future treaties.

Congressional Oversight Committee (Section 24):
- Creates a Congressional Oversight Committee composed of members from the Senate and House of Representatives to monitor and ensure effective implementation of the Act, determine weaknesses and loopholes, recommend remedial measures, and perform other duties to attain the Act's objectives.

Appropriations (Section 25):
- The amount necessary to implement the Act and operationalize the Inter-Agency Council Against Child Pornography shall be included in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 26):
- The Inter-Agency Council Against Child Pornography shall promulgate the necessary implementing rules and regulations within 90 days from the effectivity of the Act.

Suppletory Application of the Revised Penal Code (Section 27):
- The Revised Penal Code shall be suppletorily applicable to this Act.

Separability Clause (Section 28):
- If any part of the Act is declared unconstitutional or invalid, the other provisions not affected shall continue to be in full force and effect.

Repealing Clause (Section 29):
- All laws, presidential decrees, executive orders, administrative orders, rules, and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified, or repealed accordingly.

Effectivity (Section 30):
- The Act shall take effect 15 days after its complete publication in the Official Gazette or in at least two newspapers of general circulation.