Anti-Child Pornography Act of 2009
(R.A. 9775)
By:
Karyl Stephanie L. Villanueva
The State recognizes the vital role of the youth
in nation building and shall promote and
protect their physical, moral, spiritual,
intellectual, emotional, psychological and
social well-being.
Child
below eighteen (18) years of age
or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical
or mental disability or condition.
a person regardless of age who is presented,
depicted or portrayed as a child as defined
herein; and
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 as defined
herein.
Child Pornography
refers to any representation, whether visual,
audio, or written combination thereof, by
electronic, mechanical, digital, optical,
magnetic or any other means, of child engaged
or involved in real or simulated explicit sexual
activities.
Explicit Sexual Activity
includes actual or simulated (1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact
involving genital to
genital, oral to genital, anal to genital, or oral to anal,
whether between persons of
the
same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or
anus; or
(6) use of any object or instrument for lascivious acts
Internet Address
refers to a website, bulletin board service,
internet chat room or news group, or any other
internet or shared network protocol address.
Internet Cafe or Kiosk
refers to an establishment that offers or
proposes to offer services to the public for the
use of its computer/s or computer system for
the purpose of accessing the internet,
computer games or related services.
Internet Content Host
refers to a person who hosts or who proposes to
host internet content in the Philippines.
Internet Service Provider (ISP)
refers to a person or entity that supplies or
proposes to supply, an internet carriage service
to the public.
Grooming
refers to the act of preparing a child or
someone who the offender believes to be a
child for sexual activity or sexual relationship
by communicating any form of child
pornography. It includes online enticement or
enticement through any other means.
Luring
refers to the 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 sexual
activity or production of any form of child
pornography
Pandering
refers to the act of offering, advertising,
promoting, representing or distributing through
any means any material or purported material
that is intended to cause another to believe
that the material or purported material
contains any form of child pornography,
regardless of the actual content of the material
or purported material.
Person
refers to any natural or juridical entity.
(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create
any form of child pornography;
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
any form of child pornography;
(d) To possess any form of child pornography with
the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3)
or more articles of child pornography of the same
form shall be prima facie evidence of the intent
to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;
(f) For film distributors, theaters and
telecommunication companies, by themselves or
in cooperation with other entities, to distribute
any form of child pornography;
(g) 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;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child
pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the
prohibited acts stated in this section.
Conspiracy to commit any form of child
pornography shall be committed when two (2)
or more persons come to an agreement
concerning the commission of any of the said
prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.
(m) Syndicated Child Pornography - The crime
of child pornography is deemed committed by a
syndicate if carried out by a group of three
(3) or more persons conspiring or
confederating with one another.
