EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHIUPPINES
Second Regular Session
SENATE 
S.B. No. 2068
INTRODUCED BY SENATOR RISA HONTIVEROS
February
DATE
TiME
AN ACT
STRENGTHENING THE PROTECTION OF CHILDREN AGAINST ONLINE SEXUAL 
ABUSE AND EXPLOITATION, AMENDING ANTI-CHILD PORNOGRAPHY ACT OF 
2009 and ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 AND FOR OTHER 
PURPOSES
t
EXPLANATORY NOTE
Various researches and studies show that the Philippines is a global hotspot of 
Online Sexual Abuse and Exploitation (OSAEQ. The Philippines has been considered as 
"one of the top sources of child abuse materials" In the world.1 A recent report on online 
experiences of Rllpino children revealed that more and more Rlipino children are 
reporting that they have encountered risks online and actively engaged in these online 
risks.2 According to the National Baseline Study on Violence Against Children in the 
Philippines conducted in 2016, about 43.7% of children aged thirteen (13) to below 
eighteen (18) years old have experienced violence online.3 A fourth of these children have 
experienced sexual violence online.4 Among these children, more males were reported to 
have shown their bodies or sexual acts in the Internet or cellphones.3 These acts of online 
sexual violence involve verbal abuse, unsolicited sexual messages, and exhibition of 
sexualized photos and videos of children through the internet or exchanges through 
electronic gadgets.6 Therefore, children have become more vulnerable to risks and harms 
online especially because of the recent digital advancements and increased penetration 
of communications technology in the Philippines.
The Philippines, as signatory to the United Nations Convention on the Rights of 
the Child (UNCRC), is obligated to "protect the child from all forms of sexual exploitation 
and sexual abuse"7 and to "prevent the abduction of, the sale of or traffic in children for 
any purpose or In any form."8 Further, the Philippines have also ratified the Optional 
Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) in
1 International Justice Mission, Online Sexual Exploitation of Children In the Philippines: Analysis and Recommendations for 
Governments, Industry, and Civil Society, 36 (2020).
2 Philippine Kids Online, The Online Experiences of Children in the Philippines; Opportunities, Risks and Barriers, Technical 
Report 62 (2020)
2 UNICEF, National Baseline Study on Violence Against Children, 8 (2016).
4 Id. 
iId 
•‘Id
’Convention on the Rights of the Child, adopted Hov 20 1989,1577 U.N.T.S. 34. [herelnailer CRC].
* CRC, 35.


2002. The OSPC requires State parties to ensure that, as a minimum, provisions that 
treats and punishes the aforementioned activities are provided under their domestic 
laws.»o This Includes punishing any attempt or complicity with the acts, “ providing 
penalties,12 and establishing civil, criminal, or administrative liability against offenders.13 
States parties must also ensure that they have Jurisdiction over offences,14 and allow for 
extradition15 or International assistance.16 Further, OSPC also provides that executive 
measures for the Investigation and prosecution of offenses,17 protection and treatment 
of children,18 and raising awareness on the Issue are established under domestic laws.19 
Hence, the Philippine government has the responsibility to provide holistic measures to 
address the problem of OSAEC as guided by the principles of child protection and best 
Interest of the child.
Our existing laws that cover OSAEC do not capture the extraordinary features of 
online sexual violence against children as they are already outdated and are not 
responsive to the protection needed by children using the Internet. Moreover, our current 
legal framework requires stronger measures for regulation of relevant entitles and 
stakeholders, and better organizational structure and referral pathway for all related 
government agencies involved In handling OSAEC cases. Hence, this bill Is being filed to 
strengthen protection of children from OSAEC by providing treatments and penalties for 
unlawful acts constituting OSAEC, strengthening Institutions and government agencies, 
regulating key industry players that contribute to the proliferation of OSAEC crimes and 
providing structures and services that will aid in the process of aftercare and reintegration 
of children victims.
fSAHONlTVEROS 
Senator
* United Nations Human Rights Treaty Bodies, UN Treaty Body Database, available at 
htlns-7AblntcnieLohchr.org/ lavouts/15rrreatvBodvExtemaVTreatv.a3nx7CountTvU>-137&Lang»EN (last accessed Nov 28, 
2020)
'«OPSC,3(IXaXiXa).(b).(c).
11 OPSC,3(2).
,J OPSC, 3(3).
,J OPSC, 3(4).
14 OPSC, 4.
15 OPSC, 5.
14 OPSC, 6.
17 OPSC, 7.
“OPSC, 8.
19 OPSC, 9.


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EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
SENATE 
S.B. No. 2068
INTRODUCED BY SENATOR RISA HONTIVEROS
February
OATC
KILLS
AN ACT
STRENGTHENING THE PROTECTION OF CHILDREN AGAINST ONLINE SEXUAL 
ABUSE AND EXPLOITATION, AMENDING ANTI-CHILD PORNOGRAPHY ACT OF 
2009 and ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippine in Congress 
assembled:
ARTICLE I
Title, Policy, Principles and Definition of Terms
Section 1. Short 77£fe, - This Act shall be known as the "Special Protection against 
Online Sexual Abuse and Exploitation of Children (OSAEC) Law" or the Anti-OSAEC Law.
Sec. 2. Declaration of State Policy and Principle. It is the policy of the State to 
provide spedal protection to children from all forms of sexual violence, abuse and 
exploitation especially those committed with the use of Information and Communications 
Technology; provide sanctions for their commission and carry out programs for the 
prevention, deterrence and intervention in situations of all online sexual abuse and 
exploitation of children. The State shall intervene on behalf of the child when acts of 
online sexual abuse and exploitation Is committed by the parent, caregiver, guardian, 
teacher or person having care or custody of the child. It is also the policy of the state to 
protect, rehabilitate and assist in the reintegration of children who have been victimized 
and gravely affected by the violations committed against them.
The State recognizes the vital role of Information and communications technology in the 
education, skills and growth and development of Rlipino children. The State also 
recognizes the inherent right of children to freedom of expression which includes the 
freedom to seek, receive, and Impart Information and ideas of ail kinds, regardless of 
frontiers in accordance with the rights of a child declared in the United Nations Convention 
on the Rights of the Child. Further, the State is obligated to adopt the protective measures
19 
provided in the signed Optional Protocol to the UNCRC on the Sale of Children, Child
20 
Prostitution, and Child Pornography. Rnally, the best interest of children shall be the


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paramount consideration In all actions concerning them whether undertaken by public or 
private social weirare Institutions, courts of law, executive agencies, law enforcement 
agencies, local government units, legislative bodies and private business enterprises 
especially those related to the online safety and protection of children.
Sec. 3. Definition of Terms. -
a) "Child" refers to a person below eighteen (18) years of age or those 
over but are unable to fully take care of themselves or protect
I
themselves from abuse, neglect, cruelty, exploitation or discrimination 
because of long term physical, mental, intellectual or sensory 
Impairments or condition.
For the purposes of this act, and In relation to RA. No. 9775, a child 
shall also refer to:
1. A person regardless of age who Is presented, depicted or 
portrayed as a child as defined herein; and
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 as defined herein.
b) "Sexual Violence" refers to any act which Is sexual In nature which Is 
committed against a child.
c) "Online Sexual Abuse and Exploitation of Children" refers to the use of 
the Internet as a means to abuse and exploit children sexually, which 
includes cases In which contact child abuse and/or exploitation offline 
Is combined with an online component. This can also Include but not 
limited to the production, dissemination and possession of child sexual 
abuse and exploitation materials; online grooming of children for sexual 
purposes; sexual extortion of children, revenge pornography; 
commercial sexual exploitation of children; exploitation of children 
through online prostitution; and live streaming of sexual abuse.
d) "Sexual Abuse of Children" refers to any form or format communication 
through any platform or any physical Interaction between a child and 
any person when the child is being used for any act or activity inducing 
sexual stimulation. These can be carried out against the child using 
force, trickery, bribes, threats or pressure.
e) "Child Sexual Exploitation" refers to child sexual abuse and/or other 
sexualized acts using children that involves an exchange of some kind
; (e.g., money, affection, food, drugs, shelter, protection, favor or


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' ■■
Influence. It occurs where an Individual or group takes advantage of an 
Imbalance of power to coerce, manipulate or deceive a child:(a) in 
exchange for something the victim needs or wants; and/or (b) for the 
financial advantage or increased status of the perpetrator or facilitator. 
The victim may have been sexually exploited even If the sexual activity 
appears consensual.
0 "Child Sexual Abuse and Exploitation Materials" refers to photos. 
Images, videos, recordings, streams or any other form of media 
depicting acts of sexual abuse and exploitation of a child or 
representation of a child a sexual object whether generated digitally or 
not This includes materials that focus on the genitalia or other sensitive 
body parts of a child.
According to the Luxembourg Guidelines, Pornography is a term 
primariiy used for adults engaging in consensual sexual acts distributed 
to the general public for sexual pleasure. The continued use of this term 
normalizes and may contribute to diminishing the gravity of, trivializing, 
or even legitimizing what is actually sexual abuse and exploitation of 
children. Further, the term "child pornography" risks Insinuating that 
the acts are carried out with the consent of the child and represent 
legitimate material. Therefore, for the pursuant to this Act, the term 
"Child Pornography" used in all existing laws is hereby replaced with 
the term "Child Sexual Abuse and Exploitation Material".
g) "Streaming" refers to the viewing of the broadcast of child sexual abuse 
and exploitation through the use of Information and communications 
technologies. It is considered as live streaming of child sexual abuse 
and exploitation when the broadcast occurs in real time. Viewers may 
be passive or active, where the latter is directing the explicit sexual 
activity to be committed by or against the child vlch’m. This Includes 
those who have subscribed, joined, or supported a livestream broadcast 
of child sexual abuse and exploitation.
h) "Perpetrator"' refers to any person whose acts make it possible for other 
perpetrators to reach and communicate with the child victim, and to 
provide end-users access and/or receive sexually abusive and 
exploitative materials of children, and to any person who acquires 
OSAEC materials and services regardless of the presence of an element 
of exchange for compensation. They are involved in the preparation.


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production, distribution and consumption of child sexual abuse and
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exploitation materials and services.
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I) "Information and Communications Technology" refers to Informatlon-
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handling tools - a varied set of goods, applications and services that
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are used to produce, store, process, distribute and exchange
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Information. They Include the "old" ICTs of radio, television and
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telephone, and the "new" ICTs of computers, satellite and wireless
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technology and the Internet. These different tools are now able to work
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together and combine to form our "networked world" - a massive
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infrastructure of Interconnected telephone services, standardized
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computing hardware, the Internet, radio and television, which reaches
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Into every comer of the globe.
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j) "Internet Service Provider" refers to a person or entity that supplies or
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proposes to supply, an Internet carriage service to the public. This
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Includes those providing fixed landline, broadband services, or cellular
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data services and those that provide free or public Wi-R.
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k) "Internet Content Host" refers to a person or entity who hosts or allows
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to host website content In its computer server/s, connecting it to the
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internet and providing storage capacities.
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I) "Social Media Companies" refers to entities that serve as an
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Intermediary which provides a platform for users to post, upload,
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download and share their own contents. This Includes entitles that
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provide social network or messaging services, digital content,
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streaming or broadcast services, digital file storage services and cloud-
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based services.
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ARTICLE II
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Punishable Acts related to OSAEC
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30 
Sec. 4. Section 4 of RA No.9775 or the Anti-Child Pornography Act of 2009 is
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hereby amended to read as follows:
32 
"Section 4 Unlawful or Prohibited Acts. - It shall be unlawful for any person
33 
(a) To hire, employ, use, persuade. Induce or coerce a child to perform In the
34 
creation or production of any form of child abuse and exploitation material and any
35 
activity related to OSAEC;
36 
XXX


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(0 For film distributors, theaters and ICTs by themselves or In cooperation with
2 
odier entities, to distribute any form of child abuse and exploitation material or to
3 
facilitate commission of OSAEC;
4 
(g) For a parent, legal guardian or person having custody or control of a child to
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knowingly facilitate or permit the child to engage, participate or assist in any form
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of child abuse and exploitation or in the commission of OSAEC;
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(h) To engage In the luring or grooming of a child. Including any Interaction and/or
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act to influence a child to engage In OSAEC through the use of, but not limited to,
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social media or other online platforms;
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(k) To conspire to commit any of the prohibited acts stated In this section.
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Conspiracy to commit any form of child abuse and exploitation or OSAEC shall be
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committed when two (2) or more persons come to an agreement concerning the
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commission of any of the said prohibited acts and decide to commit it;
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XXX
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(m) To Influence, recruit, transport, transfer, harbor, provide, or receive a child
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by any means for the purpose of committing OSAEC;
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(n) To Introduce or match for money, profit, or material, economic or other
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consideration a child to a foreign national or to any person for the purpose of
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committing OSAEC;
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(o) 
To advertise, publish, print, broadcast or distribute, or cause the
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advertisement, publication, printing, broadcasting or distribution by any means,
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Including the use of Information technology and the Internet, of any brochure,
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flyer, or any propaganda material that promotes OSAEC;
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(p) 
To willfully subscribe. Join, donate or support In an internet address that
25 
hosts OSAEC or streaming and/or live streaming of child sexual abuse and
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exploitation;
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(q) 
To hire, employ or pay a facilitator to stream or live stream child sexual
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abuse and exploitation;
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(r) 
To produce, direct, manufacture, create or facilitate the streaming or live
30 
streaming of child sexual exploitation;
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(s) 
To willfully stream and/or live stream child sexual abuse and exploitation;
32 
(t) 
To knowingly benefit from, financial or otherwise, the commission of
33 
OSAEC;
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(u) 
To attempt to commit any of the prohibited acts stated in this section.
35 
Attempt to commit OSAEC shall be committed when the offender commences the
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commission of OSAEC directly or over acts, and does not perform all the acts of


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execution which should produce the felony by reason of some cause or accident 
other than his own spontaneous desistance."
Sec. 5. Section 4 of RA 9995 or the AnO-Photo and Video Voyeurism Act of 2009, 
Is hereby amended as follows:
"Section 4. Prohibited Acts. It Is hereby prohibited and declared unlawful for any 
person:
XXX
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that 
consent to record or take photo or video coverage of the same was given by such 
person/s. Further, when the person/s Involved In the prohibitions provided under 
this law Is a child, consent of such child shall not be considered as exculpating 
defense of the perpetrator. Any person who violates this provision shall be liable 
for photo or video voyeurism as defined herein."
Sec. 6. Offline crimes, - Sexual Crimes against children In violation of the Revised 
Penal Code under Crimes against Persons and Crimes against Chastity, spedfically Rape, 
Acts of Lasciviousness, Qualified Seduction, Simple Seduction, Acts of Lasciviousness with 
the Consent of the Offended party, Corruption of Minors, White slave trade. Forcible 
Abduction, Consented Abduction and other related sexual abuse and exploitation crimes 
provided under RA No. 9995 of the Anti-Photo and Video Voyeurism Act of 2009, RA No. 
9262 or the Anti- Violence Against Women and Children, RA No. 7610 or the Special 
Protection of Children Against Abuse, Exploitation and Discrimination and RA No. 10364 
or the Expanded Anti-Trafflcklng In Persons Act of 2012 which are committed through 
the use of Information and Communications Technology shall be considered as OSAEC 
crimes and shall be treated and punished In accordance with provisions of this Act: 
Provided, That the penalty to be imposed shall be (1) degree higher than that provided 
for under the law and In relation to Section 6 of RA No. 10175 or the Cybercrime 
Prevention Act of 2012.
Sec. 7. Safe Harbor Exception. - Access, possession and recording of any child 
sexual abuse and exploitation material of any person for the purpose of reporting to 
government authorities; legitimate Investigation and administration of the criminal justice 
system; and legitimate scholarly and academic purposes with requisite ethical clearance, 
shall not be considered as a violation of this Act.
ARTICLE Ill
Duties and Obligations of Private Sector
Sec. 8. Section 9 of Republic Act 9775 Is hereby amended to read as follows:


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"Section 9. Duties of an Internet Service Provider (ISP) - All Internet service 
providers (ISPs) shall notify the Philippine National Police (PNP) or the National 
Bureau of Investigation (NBI) not more than two (2) days from obtaining facts and 
circumstances that any form of child sexual abuse and exploitation Is being 
committed using Its server or facility, Including the streaming and/or live streaming 
of child sexual abuse and exploitation. In addition, ISPs shall block and remove 
websites that contain and broadcast any form of child abuse and exploitation 
materials within forty-eight (48) hours from discovery. Failure of the ISPs to block 
or remove any form of child abuse and exploitation materials or to block the 
streaming and/or live streaming of child sexual exploitation within forty-eight (48) 
hours from discovery shall be conclusive evidence of willful and Intentional violation 
thereof.
Furthermore, an ISP shall preserve such evidence for the purpose of Investigation 
and prosecution by law enforcement authorities, prosecutors and other 
Investigative bodies for a period of one (1) year; Provided, That the period of 
preservation may be extended by virtue of a notification to the ISP with the 
corresponding report of the law enforcement^ prosecutor and other Investigative 
body to the NTC of such extension.
An ISP shall, pursuant to guidelines that will be formulated In the implementation 
of this law, and upon the request of law enforcement authorities, prosecutors and 
other Investigative bodies, furnish the particulars of users who gained or attempted 
to gain access to an Internet address which contains any form of child sexual abuse 
and exploitation materials or fadlltates the commission of OSAEC or the streaming 
or live streaming of chiid sexual exploitation.
All ISPs shall develop and adapt a set of systems and procedures for blocking of 
websites containing OSAEC violations using their bandwidth which are compatible 
with the services and products they offer and In accordance with the Voluntary 
Principles to Counter Online Child Sexual Exploitation and Abuse which may Include 
the Installation of available technology, program or software to ensure that access 
to or streaming of child sexual exploitation will be blocked. This shall also Include 
the adoption of the child online safeguarding policy pursuant to RA No. 10929 or 
the Free Internet Access In Public Spaces Act and the adoption and Integration of 
Child Rights and Business Principles In their corporate governance practice and 
processes including, zero tolerance for violence against children. Bilateral and 
multilateral agreements between ISPs and law enforcement authorities on data


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and Information sharing Is encouraged to catalyze action to support the 
Implementation of this law.
An ISP who shall knowingly, willfully and Intentionally violate this provision shall 
be subject to the penalty provided under Section 15(k) of this Act.
Within 90 days from finalization of the Implementing Rules and Regulations of this 
Act, the Department of Information and Communications Technology (DICT), 
through National Telecommunications Commission (NIC), shall promulgate the 
necessary rules and regulations for the Implementation of this provision which shall 
Include, among others, the development and adaption of systems and procedure 
and Installation of technology or filtering software that will block websites 
containing OSAEC and streaming and/or live streaming of child sexual abuse and 
exploitation."
Sec. 9. Section 11 of Republic Act 9775 Is hereby amended to read as follows: 
"Section 11. Duties of an Internet Content Host. - An Internet content host shall:
a) Not host any form of child abuse and exploitation materials or streaming 
and/or live streaming of child sexual abuse and exploitation on its Internet 
address;
b) Within two (2) days, report the presence of any form of child abuse and 
exploitation materials or any conduct of streaming and/or live streaming of 
child sexual abuse and exploitation, as well as the particulars of the person 
maintaining, hosting, distributing or In any manner contributing to such 
internet address, to the proper authorities;
c) Within forty-eight (48) hours from discovery, to block and remove contents 
and websites containing any form of child sexual abuse and exploitation 
material; Provided, That the failure of the Internet content host to remove 
any form of child abuse and exploitation materials or to block the streaming 
and/or live streaming of child sexual exploitation within forty-eight (48) 
hours from receiving the notice that such content is in Its server shall be 
conclusive evidence of willful and Intentional violation thereof; and
d) Preserve such evidence for purposes of Investigation and prosecution by 
relevant authorities for a period of one (1) year; Provided, Ttiat the period 
of preservation may be extended by virtue of a notification to the ISP with 
the corresponding report of the law enforcement, prosecutor and other 
Irivestigative body to the NTC of such extension.
' An Internet content host shall, pursuant to guidelines that will be formulated
■ In the Implementation of this law, and upon the request of law enforcement


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authorities, prosecutors and other Investigative bodies, furnish the 
particulars of users who gained or attempted to gain access to an internet 
address that contains any form of child abuse and exploitation materials or 
facilitates or promotes the commission of OSAEC or streaming and/or live 
streaming of child sexual abuse and exploitation.
An Internet content host who shall knowingly, willfully and intentionally 
violate this provision shall be subject to the penalty provided under Section 
150) of this Act:
Internet content hosts shall develop and adapt a set of systems and 
procedures for preventing, detecting and reporting of OSAEC violations 
committed within their platforms which are compatible with the services and 
products they offer and in accordance with the Voluntary Principles to 
Counter Online Child Sexual Exploitation and Abuse which may include the 
Installation of available technology, program or software to ensure that 
access to or streaming of child sexual exploitation will be blocked or filtered. 
Tills shall also include the adoption of the child online safeguarding policy 
pursuant to RA No. 10929 or the Free Internet Access in Public Spaces Act 
and the adoption and integration of Child Rights and Business Principles in 
their corporate governance practice and processes including zero tolerance 
for violence against children. Bilateral and multilateral agreements between 
ISPs and law enforcement authorities on data and information sharing may 
be pursued to catalyze action to support the Implementation of this law. 
Within 90 days from finalization of the Implementing Rules and Regulations 
of this Act, the Department of, Information and Communications 
Technology, through National Telecommunications Commission (NTC), shall 
promulgate the necessary rules and regulations for the implementation of 
this provision which shall include, among others, the development and 
adaption of systems and procedure and Installation of technology or filtering 
software that will block streaming and/or live streaming of child sexual 
abuse and exploitation."
Sec. 10. Section 10 of Republic Act 9775 is hereby amended to read as follows: 
"Section 10. Responsibility of Mall, Hotel or Motel Owners/Operators; 
owners/lessors/sub-lessees of transient and residential houses, condominiums, 
and apartments or any identifiable living spaces; Internet Cafes/Kiosks, Owners or 
Lessors of Other Business Establishments and Owners/Lessors of any place or 
facility used for OSAEC. - All residential houses, condominiums, and apartments or


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any Idenllflablo living spaces, mall, hotel or motel owners/sub-lessees/operators, 
Internet cafes/kiosks or lessors of business establishments and owners/lessors of 
any place or facility shall notify the PNP or the NBI Immediately but not later than 
48 hours from obtaining facts and circumstances that online child abuse and 
exploitation Is being committed within their premises. Provided, that actual 
knowledge by the owners/lessors/sub-lessees/operators and owners or lessors of 
other business establishments Is required for there to be a violation under this Act
XXX
Any willful and Intentional violation of this provision shall be subject to the penalty 
provided under Section 15(1) of this Act and can be considered as aiding or abetting 
OSAEC."
Sec. 11. The following provisions are hereby added to RA No 9775:
"Section__ . Responsibility of Social Media Networks. - Social Media Networks
and other similar entitles shall remove any content In their platform of child sexual 
abuse and exploitation or any live stream/broadcast thereof. Further, they are 
required to promulgate guidelines that promote awareness of OSAEC and develop 
and adapt a set of systems and procedures for preventing, detecting and reporting 
of OSAEC violab'ons committed within their platforms which are compatible with 
the services and products they offer and In accordance with the Voluntary 
Principles to Counter Online Child Sexual Exploitation. This shall Include 
technological and other practical safeguards to prevent and detect recruitment and 
trafficking as well as training of employees In detecting patterns Indicative of 
OSAEC-related recruitment and trafficking. This shall also include the adoption of 
the child online safeguarding policy pursuant to RA No. 10920 or the Free Internet 
Access in Public Spaces Act and the adoption and integration of Child Rights and 
Business Principles In their corporate governance practice and processes including 
zero tolerance for violence against children. Bilateral and multilateral agreements 
between ISPs and law enforcement authorities on data and information sharing 
may be pursued to catalyze action to support the Implementation of this law. 
Further, Social Media Networks shall establish high privacy setting as default safety 
and privacy settings for minors up to 18 years of age that eliminate vulnerabilities 
and ensure the online safety of children.
Social Media Network who shall knowingly, willfully and intentionally violate this 
provision shall be subject to the penalty provided under Section 15(m) of this Act 
Within 90 days from finalization of the Implementing Rules and Regulations of this 
Act, the Department of Information and Communications Technology, through
(
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National Telecommunications Commission (NTC), shall promulgate the necessary 
rules and regulations for the Implementation of this provision which shall include, 
among others, the development and adaption of systems and procedure and 
Installation of technology or filtering software that will block streaming and/or live 
streaming of child sexual abuse and exploitation."
"Section__ . Responsibility of Banks, Money Service Businesses, Credit Card
Companies, Electronic Money Issuers and other BSP-supervised Rnanclal 
Institutions. Banks, money service businesses, credit card companies, electronic 
money Issuers and other BSP-supervised Rnancial Institutions or any person who 
has direct knowledge of any OSAEC financial activity shall have the duty to report 
any suspected OSAEC-related activity or transaction to the proper authorities, such 
as the AMLC, within seven (7) days from discovery thereof.
The Anti-Money Laundering Council (AMLC) shall promulgate the necessary rules 
and regulations for the implementation of this provision which shall Include, among 
others, the guidelines to determine suspicious activity and Indicators that OSAEC- 
related activities are being conducted. AMLC shall provide the necessary guidelines 
with regard to this provision within three (3) months from the effectivity of this 
Act
The commission of OSAEC shall be considered as an 'unlawful activit/ under the 
Anti-Money Laundering Act
Any willful and intentional violation of this provision shall be subject to the 
appropriate penalty under the law."
Sec. 12. Section 15 of RA No. 9775 Is hereby amended as follows:
"Section 15. Penalties and Sanctions. The following penalties and sanctions are 
hereby established for offenses enumerated in this Act:
XXX
(k) Any ISP found guilty of failing to comply wltii Its obligation to give notice and 
other requirements under Section 9 of this Act shall suffer the penalty of a fine of 
not less than two million pesos (P2,000,000.00) but not more than five million 
pesos (P 5,000,000.00) for the first offense. In case of subsequent offense, the 
penalty of fine of not less than two million pesos (P2,000,000.00) but not more 
than ten million pesos (P10,000,000.00) and revocation of its franchise and its 
license to operate.
(l) Any person found guilty of failing to comply with the notice requirements under 
Section 10 of this act shall suffer the penalty of fine of not less than two million 
pesos (P2,000,000.00) but not more than five million pesos (P 5,000,000.00) for
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the flret offense. In case of a subsequent offense/the penalty shall be a fine of 
not less than two million pesos (P2;000/000.00) but not more than ten million 
pesos (P10,000,000,00) and revocation of Its license to operate and Immediate 
closure of the establishment
(m) Any Social Media Network or similar entity found guilty of falling to comply
with the requirements provided under Section___ shall suffer the penalty of fine
often million pesos (P10,000/000.00).
(n) Any Banks, Money Service Businesses, Credit Card Companies, Electronic 
Money Issuers and other BSP-supervlsed Rnanclal Institutions found guilty of
falling to comply with their reportorlal obligation provided under Section___ shall
suffer the penalty as provided under the law.
Sec. 13. OSAEC Protection Trust Fund. - All proceeds of fines collected from the 
Imposition of penalties for violations of this Act shall form part of an OSAEC Protection 
Trust Fund which shall be allocated for programs on OSAEC and services provided to child 
victims and administered by DSWD. This fund may also constitute as part of the budget 
of the lACACP.
Sec. 14. Non-applicability.-The duty and obligation of related entities belonging 
to the ICT, Business and Rnanclal Sectors as provided In this Act to notify law enforcers, 
to preserve evidence and to provide the necessary Information requested by law 
enforcers, prosecutors and other Investigative bodies through proper processes shall not 
be construed as a violation of the Data Privacy Act of 2012.
ARTICLE IV
Remedial Procedures and Case Management
Sec. 15. Who may Pie a Complaint - Complaints on cases of unlawful acts related 
to and constituting Online Sexual Abuse and Exploitation of Children under the Anti-Child 
Pornography Law of 2009, Anti-Photo and Video Voyeurism Act of 2009, Cybercrime 
Prevention Act of 2012, Special Protection of Child Against Abuse, Exploitation and 
Discrimination Act, Expanded Trafficking In Persons Act Of 2012, Safe Spaces Act, Anti- 
Violence Against Women and their Children Law, and those related felonies of Crimes 
against Perrons and Crimes against Chastity under the Revised Penal Code may be filed 
by the following:
a) Offended party;
b) Parents or guardians;
c) Ascendant or collateral relative within the third degree of 
;consanguinity;
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d) OIDcer, social worker or representative of a licensed chlld-caring 
Institution;
e) Officer or social worker of the Department of Social Welfare and 
Development;
f) Barangay chairman; or
g) At least three (3) concerned responsible citizens where the violation 
occurred.
Sec. 16. Persons Mandated to Report OSAEC Cases.
a) It shall be the duty of the following persons wot report all Incidents of 
OSAEC and related offline offenses to the DSWD, the DepEd, the DOJ, 
the PNP or the NBI, or any the concerned LGU within forty-eight (48) 
hours from knowledge thereof:
1. Any healthcare provider, including the attending physician, 
nurse, clinician, barangay health worker, or any person who has 
caused the examination or treatment of a child victim appearing 
to have suffered sexual abuse and exploitation;
2. Teacher, guidance counselor, principal, school head, or any 
person whose work Involves the education, training, and care of 
children;
3. Any Sodal Worker who has reason to believe that OSAEC and 
other related offline offenses have been committed or has been 
duly Informed thereof by the victim or two (2) concerned citizens 
living within the same community/LGU;
4. Any National or Local public officer; OR
5. Any person who has knowledge of the commission of OSAEC and 
related offline offenses:
b) The persons mandated to report cases shall, as ffir as applicable, the 
following responsibilities:
1. Properly Document any of the Victim's Physical, Emotional, or 
Psychological Injuries;
2. Properly record observation on the Victim's condition and 
circumstances during the examination or visit;
3. Safeguard the records and make them immediately available to 
the victim upon request; and
4. Immediately report any violation of this Act to the proper 
authorities.
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c) Failure to report possible OSAEC and related offline offenses under this 
Act shall be punished by a fine of not more than fifty thousand pesos 
(P50,000.00) without prejudice to any administrative liability, If 
applicable.
d) No Criminal, Civil or Administrative action may be filed against any 
person who Is performing the responsibilities mandated under this 
section.
Sec. 17. Protective Custody of tiie Child. -The child victim shall be Immediately 
placed under the protective custody of the Department of Social Welfare and 
Development pursuant to RA No. 76 10 or the Special Protection of Children Against 
Abuse, Exploitation and Discrimination Act. In the regular performance of this function, 
the officer of the Department of Social Welfare and Development shall be free from any 
administrative, civil or criminal liability. Custody proceedings shall be In accordance with 
the provisions of Presidential Decree No. 603.
Sec. 18. Confidentiality. - All records and proceedings Involving children under this 
law from the initial contact until the final disposition of the case shall be considered 
privileged and confidential. The public shall be excluded during the proceedings and the 
records shall not be disclosed directly or Indirectly to anyone by any of the parties or the 
participants in the proceedings for any purpose whatsoever.
It shall be unlawful for any editor, publisher, and reporter or columnist In case of printed 
materials, announcer or producer in case of television and radio broadcasting, digital 
media, producer and director of the film In case of the movie Industry, to cause undue 
and sensationalized publicity of any case of violation of this Act which results in the moral 
degradation and suffering of the child.
25 
The highest ethical and professional standards in reporting and covering cases of children
26 
must be observed such that In all publicity concerning children, the vest interest of the 
child shall be the primary concern. Journalistic activity which touches on the lives and 
welfare of children must be carried out with sensitivity and appreciation of the vulnerable 
situation of children, so that children are not re-victimIzed or re-traumatized.
Sec. 19. Special Court Proceedings. - Cases Involving violations of this Act and
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related laws shall be heard In the chamber of the Regional Trial Court duly designated as
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To prevent re-traumatization of the victim, the victim shall nc| be presented In Court
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directly facing the accused but instead may present his or her tAtimony via other means
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provided In the Rules on the Examination of the Child Witness.
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Sec. 20. RGQSonBbiB AccoinmoddUon for CWDs.—"Hie Supreme Court Committee 
on Family Courts and Juvenile Concerns, DOJ and the DSWD shall provide for guidelines, 
within 90 days from finalization of the Implementing Rules and Regulations of this Act 
and pursuant to the UN Convention on the Rights of Persons with Disabilities, for provision 
of necessary and appropriate modification and adjustments across all stages of case 
management of OSAEC cases, that will not Impose a disproportionate or undue burden, 
to ensure children with disabilities will have access to justice.
Sec. 21. Plea of Guilty to a lesser offense. - The accused, who Is a parent, 
guardian, relative or any person providing Immediate care to a child victim In the absence 
of any other person, with the consent of the offended party and the prosecutor, may be 
allowed by the trial court to plead guilty to a lesser offense which Is necessarily included 
In the offense charged or is one that has some of the essential elements of the original 
offense charged. The lesser offense shall also belong to the same classification or title 
under the Revised Penal Code or the relevant special penal law as the offense charged In 
the original Information.
Sec 22. Applicability of the Juvenile Justice and Welfare Act of2006. - In cases 
when the offender Is a child, the prosecution of the offense shall be In accordance with 
the Juvenile Justice and Welfare Act of 2006 and he or she shall be accorded the 
appropriate treatment and services under the said law.
Further, In cases of self-generated child sexual abuse and exploitation materials, the child 
producing the sexuallzed materials shall be considered a victim and not an offender. The 
child victim shall be accorded the necessary treatment and services under this Act.
Sec. 23. Section 18 of Republic Act 9775 Is hereby amended to read as follows: 
"Section 18. Mandatory Services to Victims of OSAEC. - To ensure recovery, 
rehabilitation and reintegration of the victim Into society, government agencies 
and the LGUs shall make available the following services to victims of any form of 
child abuse and exploitation or OSAEC:
a) Foster care and Emergency shelter or appropriate housing;
b) counseling;
c) Free legal services, which shall Include Information about the victim's 
rights and the procedure for filing of complaints, claims for compensation 
and such other legal remedies available to them In a language understood 
by the child;
d) Medical or psychological services;
e) Livelihood and skills training; and 
> /'> !) Educational assistance.
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Sustained supervision and follow through mechanism that will track the progress 
of recovery, rehabilitation and reintegration of the child victims shall adopted and 
carried out."
ARTICLE V
Duties and Obligations of members of the Public Sector
Sec. 24. Inter-Agency Council Against Online Sexual Abuse and Exploitation of 
Children. - The Inter-Agency Council Against Child Pornography (lACACP) Is hereby 
renamed as the Inter-Agency Council Against Online Sexual Abuse and Exploitation of 
Children (lAC-OSAEC). The Inter-Agency Council shall retain Its composition and functions 
as provided under RA No. 9775 with the addition of the Secretary of the Department of 
Education as a member of the council.
Sec. 25. Section 19 of Republic Act 9775 is hereby amended to read as follows: 
"Section 19. Programs for Victims of OSAEC. The Inter-Agency Council Against 
Online Sexual Abuse and Exploitation of Children shall develop and implement the 
necessary programs that will prevent commission of child abuse and exploitation 
and OSAEC, as well as protect, heal and reintegrate the child Into the mainstream 
of society. Such programs shall Include, but not limited to, the following:
a) Provision of mandatory services Including counseling, free legal services, 
medical or psychological services, livelihood and skills training and 
educational assistance to the child;
b) Sponsorship of a national research program on OSAEC and the 
establishment of a data collection system for monitoring and evaluation 
purposes;
c) Provision of necessary technical and material support services to 
appropriate government agencies and nongovernmental organizations;
d) Sponsorship of conferences and seminars to provide venue for consensus 
building amongst the public, the academe, government, nongovernmental 
and international organizations and
: e) Promotion of information, awareness and education campaigns regarding 
safe and responsible use of the Internet in relation to OSAEC to educate 
the public. Including children."
Sec. 26. OSAEC Referral Pathway, Protocols and Database. - There shall be an 
organized and unified referral pathway for reporting, detecting, investigating, prosecuting 
and providing of aftercare assistance and support In OSAEC cases. The Department of 
Social Welfare and Development, sitting as the chairman of the Inter-Agency Council
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Against Online Sexual Abuse and Exploitation of Children (lACOSAEC), In coordination
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with the Department of Justice- Office of Cybercrimes (DOJ-OOC), Department of
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Information and Communications Technology (DICT), Commission on Human Rights
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(CHR), the Philippine National Police (PNP), National Bureau of Investigation (NBI), Anti-
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Money Laundering Council (AMLC) and In consultation with ICT companies and Qvil
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Society Organizations (CSOs), shall develop a system and set of protocols for referring
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OSAEC cases and recording and maintaining a unified database for the purpose of
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tracking and updating the status and stages of investigation and prosecution of cases,
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consistent with existing laws on the protection of the welfare of children.
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Sec. 27, Secretariat to the Council. - The DSWD shall establish the necessary
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Secretariat for the Council. 'The secretariat shall provide support for the functions and
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projects of the Council. The secretariat shall be headed by an executive director, who
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shall be appointed by the Secretary of the DSWD upon the recommendation of the
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Council. The executive director must have adequate knowledge on, training and
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experience In the phenomenon of and Issues Involved In OSAEC and In the field of law,
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law enforcement, ICT, social work, criminology, or psychology. The executive director
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shall be under the supervision of the lAC-OSAEC through Its Chairperson and CO-
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Chairperson, and shall perform the following functions: "(a) Act as secretary of the
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Council and administrative officer of its seaetariat; "(b) Advise and assist the Chairperson
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in formulating and implementing the objectives, policies, plans and programs of the
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council. Including those Involving mobilization of government offices represented In the
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Council as well as other relevant government offices, task forces, and mechanisms; "(c)
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Serve as principal assistant to the Chairperson in the overall supervision of council
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administrative business; "(d) Oversee all council operational activities; "(e) Ensure an
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effective and efficient performance of council functions and prompt implementation of
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council objectives, policies, plans and programs; "(f) Propose effective allocations of
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resources for Implementing council objectives, policies, plans and programs; "(g) Submit 
periodic reports to the Council on the progress of council objectives, policies, plans and 
programs; "(h) Prepare annual reports of all council activities; and "(I) Perform other 
duties as the Council may assign."
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ARTICLE VI 
Final Provisions
Sec. 27. Section 22 of Republic Act 9775 Is hereby amended to read as follows to 
reflect cross-border characteristic of OSAEC:
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"Section 22. Child Abuse and Exploitation and OSAEC as a Transnational Crime. - 
Pursuant to the Convention on Transnational Organized Crime, the Department of 
Justice (DOJ) may execute the request of a foreign state for assistance In the 
investigation or prosecution of OSAEC by: (1) conducting a preliminary 
investigation against the offender and, if appropriate, to file the necessary charges 
in court; (2) giving information needed by the foreign state; and (3) to apply for 
an order of forfeiture of any proceeds or monetary instrument or properly located 
In the Philippines used in connection with OSAEC In the court; Provided, That if 
the DOJ refuses to act on the request of for delaying the execution thereof: 
Provided, further. That the principles of mutuality and reciprocity shall, for this 
purpose, be at all times recognized.
Sec. 28. Rules and Regulations. - The previous lACACP as created by RA 9775, 
and now the new Inter-Agency Council Against Online Sexual Abuse and Exploitation of 
children (lAC-OSAEQ shall constitute Itself as the Implementing Rules and Regulations 
Committee with the Department of Social Welfare and Development as the lead agency, 
and with the possible Inclusion of the Department of Education, Department of 
Information and Communications Technology, Department of the Interior and Local 
Government, Department of Tourism, and the Anti-Money Laundering Council, to 
promulgate rules and regulations of the effective Implementation of this Act 
The IRR committee shall promulgate the rules and regulations within six (6) months from 
the effecbVrty of this Act. Such rules and regulations shall take effect upon their 
publication in two (2) national newspapers of general circulation.
Sec. 29. Appropriations. - The amount necessary to carry out the provisions of this 
Act is hereby authorized to be appropriated in the General Appropriations Act of the year 
following Its enactment Into law and thereafter.
Sec. 30. Separability Qause. - If any provision of this Act is declared Invalid or 
unconstitutional, the remaining provisions not affected thereby shall continue In full force 
and effect.
Sec. 31. Repealing Oause. - All laws, decrees, or rules inconsistent with the 
provisions of this Acts are hereby repealed or modified accordingly.
Sec 32. Eriectivity Qause. - This Act shall take effect upon completion of Its 
publication In at least two (2) national newspapers of general drcuiation.
Approved,
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