Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act

Case Overview and Summary

Summary of the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act

Declaration of Policy and Definition of Terms (Sections 2-3)
- Declares the policy of the State to protect children from all forms of sexual violence, abuse, and exploitation, especially those committed using ICT.
- Defines key terms such as "child," "child sexual abuse," "child sexual abuse or exploitation material," "child sexual exploitation," "online sexual abuse or exploitation of children," and others.

Unlawful or Prohibited Acts (Section 4)
- Lists various acts related to the production, distribution, possession, and access of CSAEM, as well as acts involving the online sexual abuse or exploitation of children, that are prohibited and punishable under the law.

Effect of Consent and Syndicated Violations (Sections 5-6)
- Specifies that the consent of the victim is not a defense in prosecuting the prohibited acts.
- Defines when a violation is considered to have been committed by a syndicate or on a large scale.

Protection and Safe Harbor Provisions (Sections 7-8)
- Provides protection from liability for good faith actions taken to prevent access or dissemination of CSAEM.
- Allows access, possession, and recording of CSAEM for certain legitimate purposes without liability.

Duties and Responsibilities of Private Sectors (Section 9)
- Outlines the duties and responsibilities of internet intermediaries, internet service providers, payment system providers, and internet hotspots, cafés, or kiosks in preventing, detecting, and reporting OSAEC and CSAEM.

Penalties and Provisions for Juridical and Alien Offenders (Sections 10-12)
- Prescribes penalties for various offenses, including life imprisonment and fines for the most serious violations.
- Provides for the liability of juridical persons and the deportation of alien offenders.

Confiscation, Forfeiture, and Jurisdiction (Sections 13-15)
- Allows for the confiscation and forfeiture of proceeds, tools, and instruments used in child sexual abuse or exploitation.
- Establishes extraterritorial jurisdiction over offenses committed outside the Philippines under certain conditions.
- Provides for extradition and mutual legal assistance in OSAEC and CSAEM cases.

Investigation, Prosecution, and Protective Custody (Sections 16-27)
- Authorizes law enforcement agencies to retain computer data for investigation and prosecution purposes.
- Outlines provisions for the appointment of special prosecutors, jurisdiction, venue, and confidentiality in OSAEC and CSAEM cases.
- Mandates the protective custody of child victims and the provision of mandatory services for their recovery, rehabilitation, and reintegration.

Programs and Coordination (Sections 28-32)
- Requires the development and implementation of programs for the prevention, protection, healing, and reintegration of child victims.
- Establishes the National Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM) and its functions.
- Provides for the creation of a referral pathway for OSAEC cases.

Local Government Involvement and Blacklisting (Sections 33-34)
- Requires local governments to pass ordinances and implement programs against OSAEC and CSAEM.
- Mandates the blacklisting of alien OSAEC offenders and the creation of an OSAEC and CSAEM offenders registry.

Age Verification, Information Sharing, and Oversight (Sections 35-38)
- Requires online providers of adult content to adopt age verification protocols.
- Allows the sharing of information related to OSAEC and CSAEM activities between relevant agencies.
- Establishes a Congressional Oversight Committee to monitor the implementation of the law.

Transitory Provisions, Appropriations, and Implementing Rules (Sections 39-41)
- Provides for the transfer of functions and resources from the existing Inter-Agency Council Against Child Pornography to the NCC-OSAEC-CSAEM.
- Appropriates funds for the implementation of the law and establishes an Endowment Fund.
- Mandates the promulgation of implementing rules and regulations within six months.

Repealing Clause, Separability Clause, and Effectivity (Sections 42-45)
- Repeals Republic Act No. 9775 (Anti-Child Pornography Act of 2009) and Section 4(c)(1) of Republic Act No. 10175 (Cybercrime Prevention Act of 2012).
- Includes a separability clause and specifies the effectivity date of the law.