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© RECEINED ”

EIGHTEENTH CONGRESS a uaTEH FEB 17

REPUBLIC OF THE PHILIPPINES
Second Regular Session

HOUSE OF REPRESENTATIVES

House Bill no 876 760

Introduced by Representative Vietor A. Yap

EXPLANATORY NOTE,

Various researches and studies show that the Philippines is a global hotspot of Online Sexual
‘Abuse and Exploitation (OSAEC).The Philippines has been considered as “one of the top sources of
child abuse materials” in the world.'A recent report on online experiences of Filipino children
revealed that more and more Filipino children are reporting thal they have encountered risks online
and actively engaged in these online risks.”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.” A fourth of these children have
experienced sexual violence online.* Among these children, more males were reported to have shown
their bodies or sexual acts in the intemet or cellphones.’ 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. "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
(UNCRO), is obligated to “protect the child from all forms of sexual exploitation and sexual
abuse”’and to “prevent the abduction of, the sale of or traffic in children for any purpose or in any
form.” Further, the Philippines have also ratified the Optional Protocol on the Sale of Children,
Child Prostitution and Child Pornography (OPSC) in 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.'” This includes punishing any attempt or complicity with the acts,"
providing penaltes,'* and establishing civil, criminal, or administrative liability against offenders.
States parties must also ensure that they have jurisdiction over offences,'* and allow for extradition'®
‘or international assistance.'“Further, OSPE also provides that executive measures for the
investigation and prosecution of offenses," protection and treatment of children,"* and raising
awareness on the issue are established under domestic laws.'*Hence, the Philippine government has

“international Justice Mission, Online Sexsl Exploitation of Children inthe Philippines: Analysis and Recommendations for
Governments, Industry, and Gv Society, 36 (2020).
°hilipine Kids Online, The Online Experiences of Children in the Philippines: Opportunities, Risks and Basics, Technical Report 62

gm)
ICEF, National Baseline Suudy on Violence Against Children, 8 (2016).

tid

4.

“M.

‘Convention on the Rights ofthe Child, adopted Now 20 1988, 1577 UN.TS. 34, (hereinaRter CRC),

FERC, 35.

° “United Nations Human Rights Treaty Bodies, UN. Treaty Body Database, available
afpssibinurnet obs org/_layout/15/TeeatyBodyExteral Treaty aspx ?CountcyID=1378Lang=EN (ast accessed Nov 28, 2020)
"OPSC, 3(1@,0(, ©) (6

" OPSC, 302)

" OPSC, 30)

® OPSC, 3).

MOPSC, 4

“OPSC, 5

OPSC, 6

"OPSC, 7.

"OPSC, &

"OPS, 9


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 entities 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.

Representative, Second District of Tarlac


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EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
Second Regular Session )
HOUSE OF REPRESENTATIVES

House Bil No. 8760

Introduced by Representative Vietor A. Yap

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 2009AND FOR OTHER PURPOSES

Be it enacted, by the Senate and House of Representatives in Congress assembled:

ARTICLE
Title, Policy, Principles and Definition of Terms

SECTION 1. Short Title. This Act shall be known as the “Special Protection against Online Sexual
Abuse and Exploitation of Children (OSAEC) Law” or the Anti-OSAEC Law.

SECTION 2. Declaration of State Policy and Principles. It is the policy of the State to provide
special 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
ofall 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 ot 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 Filipino 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 all 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 provided in the signed Optional Protocol to the UNCRC on the Sale
of Children, Child Prostitution, and Child Pornography. Finally, the best interest of children shall be
the paramount consideration in all actions concerning them whether undertaken by public or private
social welfare 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.

SECTION 3. Definition of Terms.

(2) “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 themselves from abuse, neglect, cruelty, exploitation or
discrimination because of long term physical, mental, intellectual or sensory impairments or
condition.


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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

Q)  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.

(© “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.”°

(@ _ “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.”

(©) “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 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.””

( “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 primarily 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
pomography” 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

2 United Nations Children's Fund, What Works to Prevent Online and Ofine ChiléSexval Exploitation and Abuse wi (2020).
United Nations Office on Orugs and Crimes, Module 12: Interpersonal Cybercrime, avallable at
nto: //w node og/eAl/en/evberrime/ module-12/ke¥iseves/online-child-senial-exploation and-abuse hen (lst accessed
Now. 28,2020,

= uned Nas ffs on rugs and ins Mode 2 karan erin, leat

Nov. 3, 2020; Unted Nations Children’s Fond, What Works fo Prevent Online and Offine Gi SexalExploation and Abuse
(2020).

7° is suggested to replace the term “child pornography” to “child sexual abuse and exploitation materlal” to address the issues
‘elated to the usage ofthe term “pomography" in relation to sexalized materials Involing children.

EcPAT Luxembourg, Terminology Guidelines forthe Protection of Children from Sexual Exploitation and Sexual Abuse,
38-39, 2016.

3


or active, where the latter is directing the explicit sexual activity to be committed by or against the
child victim. 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, production, distribution and consumption of child sexual abuse and exploitation
materials and services.

(@ “Information and Communications Technology” refers to information-handling tools - a
varied set of goods, applications and services that are used to produce, store, process, distribute and
exchange information. They include the "old" ICTs of radio, television and telephone, and the "new"
ICTs of computers, satellite and wireless technology and the Internet. These different tools are now
able to work together, and combine to form our "networked world” - a massive infrastructure of
interconnected telephone services, standardized computing hardware, the Intemet, radio and
television, which reaches into every corner of the globe.”

(@ —“Intemet Service Provider” refers to a person or entity that supplies or proposes to supply, an
internet carriage service to the public. This includes those providing fixed landline, broadband
services, or cellular data services and those that provide free or public Wi.

(K) “Internet Content Host” refers to a person or entity who hosts or allows to host website
content in its computer server/s, connecting it to the internet and providing storage capacities.””

@® “Social Media Companies” refers to entities that serve as an intermediary which provides a
platform for users to post, upload, download and share their own contents, This includes entities that
provide social network or messaging services, digital content, streaming or broadcast services, digital
file storage services and cloud-based services.’

ARTICLE I
Punishable Acts related to OSAEC

SECTION 4. Scction 4 of RA No.9775 or the Anti-Child Pornography Act of 2009 is hereby
amended to read as follows:

“Section 4 Unlawful or Prohibited Acts. —It shall be unlawful for any person:
(@) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child abuse and exploitation material and any activity related to
OSAEC;
x

( For film distributors, theaters and ICTs by themselves or in cooperation with other entities,
to distribute any form of child abuse and exploitation material or to facilitate commission of
OSAEC;

‘available athttp://wwrw.ty.int/net/wsis/stocktaking/docs/actiities/11030S6110/ICTMDGFinal.pdf (last accessed Feb

12,2021)
"ru 2001

"australian Government, Australian Law Reform Commission, The new Act and online content providers, available at

i valc.tov-ay/oublication/clssfcation-content-regulation-2 alr report new-national
dassfcation sch and: ders last accessed February 35,202).

NOTE: We suggest to triangulate with the definitions that wil be provided by the DICT.

 characteriaatin of Socal Network Sites based on a consultation with Facebook.


(g) For a parent, legal guardian or person having custody or control of a child to knowingly
facilitate or permit the child to engage, participate or assist in any form of child abuse and
exploitation or in the commission of OS,

(h) To engage in the luring or grooming of a child, including any interaction and/or act to
influence a child to engage in OSAEC through the use of, but not limited to, social media or
other online platforms;

(&) To conspire to commit any of the prohibited acts stated in this section, Conspiracy to
commit any form of child abuse and exploitation or OSAEC 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;

xx
(m) To influence, recruit, transport, transfer, harbor, provide, or receive a child by any
means for the purpose of committing OSAEC;

(a) To introduce or match for money, profit, or material, economic or other consideration a
child to a foreign national or to any person for the purpose of committing OSAEC;

(©) To advertise, publish, print, broadcast or distribute, or cause the advertisement,
Publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda material
that promotes OSAEC;

(p) To willfully subscribe, join, donate or support in an internet address that hosts OSAEC
or streaming and/or live streaming of child sexual abuse and exploitation;”

(@__ To hire, employ or pay a facilitator to stream or live stream child sexual abuse and
exploitation;

(®) To produce, direct, manufacture, create or facilitate the streaming or live streaming of
child sexual exploitation;

(8 Towillfully stream and/or live stream child sexual abuse and exploitation;
(8 To knowingly benefit from, financial or otherwise, the commission of OSAEC;

(u) To attempt to commit any of the prohibited acts stated in this section. Attempt to
commit OSAEC shall be committed when the offender commences the commission of OSAEC
direetly or over acts, and does not perform all the acts of exeeution which should produce the
felony by reason of some cause or accident other than his own spontaneous desistance."'”

SECTION 5. Section 4 of RA 9995 or the Anti-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

* itis proposed that a higher degree of penalty orthe maximum imposable penalty be given if this Is committed.

* intemet address is defined under RA 9775 a5 “a website, bulletin board service internet chatroom or news group, or any other
Internet or shared network protocol address.”

eis proposed that a lower degree of penalty or the minimum imposabe penalty be given if this is committed


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‘The prohibition under paragraphs (b), (¢) and (a) 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.”

SECTION 6. Offline crimes - Sexual Crimes against children in violation of the Revised Penal Code
under Crimes against Persons and Crimes against Chastity, specifically 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-Trafficking 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.

SECTION 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 111
Duties and Obligations of Private Sector

SECTION 8. Section 9 of Republic Act 9775 is hereby amended to read as follows:

“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 broadeast 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 facilitates
the commission of OSAEC or the streaming or live streaming of child sexual exploitation.”

® pased on our consultations with members of the Publle Sector. These are the persons who are usualy request Information froma ICT
‘companies forthe purpase of investigation and prosecution. This als n response to the argument thatthe term “proper
authorities” is vague


Al 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
Dlocked.™ 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 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(&) 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 (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 websites containing OSAEC and streaming and/or live streaming of child sexual
abuse and exploitation.”

SECTION 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:

(@) 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;

(&) 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;

(©) _ Within forty-eight (48) hours from discovery, to block and remove contents and websites
containing any form of child sexual ubuse 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

(@__ Preserve such evidence for purposes of investigation and prosecution by relevant
authorities 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
enforeement, prosecutor and other investigative 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 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

'Votunt
gazed on consultations with ISP, Telecommunications Companies and Socal Network Companies.


@Vanuswne

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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 15(j) 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.”’ 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 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.”

SECTION 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
Ovners/Lessors of any place or facility used for OSAEC. - All residential houses, condominiums,
and apartments or any identifiable 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 Iater 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-
essees/operators and owners or lessors of other business establishments is required for there to
bea violation under this Act.

x
Any willful and intentional violation of this provision shall he subject to the penalty provided
under Section 15() of this Act and can be considered as aiding or abetting OSAEC.”

SECTION 11. The following provisions are hereby added to RA No 9775:

“Section __. Responsibility of Social Media Networks. — Social Media Networks and other
similar entities 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

* sased on our consultations with members ofthe Public Sector. These ae the persons who are usually reques information from ICT
companies forthe purpose of investigation and prosecution, Thi alsa in response tothe argument thatthe term “proper
authorities” i vague.

er Onli 11 Exploitation and Abuse

*” Based on consultations with ISPs, Telecommunications Companies and Social Network Companies.



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. 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.” 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 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 Financial Institutions. Banks, money service
businesses, eredit card companies, electronic money issuers and other BSP-supervised Financial
Institutions or any person who has direet 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 OSAKC-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 activity’ under the Anti-Money
Laundering Act.

Any willful and intentional violation of this provision shall be subject to the appropriate penalty
under the law.””

SECTION 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

™ gased on our fining that there is lack of explic provision on the duty and responsibilities of Soctl Networking Companies in
‘elation to OSAEC.

* Based on our fining that there Is 2 need to strengthen the regulation of nancial institutions with regard tothe reporting
suspicious transactions which may be related to OSAEC. This provision just reiterates the significant role the financial industry in
addressing the problem of OSAEC.


(&) Any ISP found guilty of failing to comply with 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
tnillion 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."

(@ 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 the first 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 failing to comply with the
requirements provided under Section ___ shall suffer the penalty of fine of ten million pesos
(P10,000,000.00).?

(n) Any Banks, Money Service Businesses, Credit Card Companies, Electronic Money
Issuers and other BSP-supervised Financial Institutions found guilty of failing to comply with
their reportorial obligation provided under Section ___ shall suffer the penalty as provided
under the law.

SECTION 13. OSAEC Protection Trust Fund. Al 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 TACACP.

SECTION 14, Non-applicability. The duty and obligation of related entities belonging to the ICT,
Business and Financial 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

SECTION 15. Who may file 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 Persons and Crimes against Chastity
under the Revised Penal Code may be filed by the following:

(@) Offended party;

(b) Parents or guardians;

(©) Ascendant or collateral relative within the third degree of consanguinity;

(@ Officer, social worker or representative of a licensed child-caring institution;

(©) Officer or social worker of the Department of Social Welfare and Development;

(9 Barangay chairman; or

(@) At least three (3) concerned responsible citizens where the violation occurred.

“We suggest for the DICT to provide fora schedule of penalties of fines that will disincentive violation ofthis Act.
aug,
hd,
“* Penalties or sanctions provided under the AMLA and by the ALMC.
10


SECTION 16. Persons Mandated to Report OSAEC Cases.

A. It shall be the duty of the following persons to 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, murse, 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 Social 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 far 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.

Cc 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.

SECTION 17. Protective Custody of the 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.

SECTION 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

“HB No 7836
rte


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.

The highest ethical and professional standards in reporting and covering cases of children 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."®

SECTION 19. Special Court Proceedings. Cases involving violations of this Act and related laws
shall be heard in the chamber of the Regional Trial Court duly designated as Family Courts.

To prevent re-traumatization of the victim, the victim shall not be presented in Court directly facing
the accused but instead may present his or her testimony via other means provided in the Rules on the
Examination of the Child Witness. **

SECTION 20. Reasonable Accommodation for CWDs.The 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.

SECTION 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,

SECTION 22.Applicability of the Juvenile Justice and Welfare Act of 2006. 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 sexualized materials shall be considered a victim and not an offender. The child victim shall be
accorded the necessary treatment and services under this Act.

SECTION 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:

(@) Foster care and Emergency shelter or appropriate housing;

(b) Counseling;

(© Free legal services, which shall include information about the vietim'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;

(@) Medical or psychological services;

(©) Livelihood and skills training; and

(f) Educational assistance.

“ttps://www.do| gov.ph/files/2016/THEX20GUIDE%20FOR%20MEDIA%.20PRACTITIONERS. pdf
“Based on consultation with Famlly Court and Commercial Court Judes.

R


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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

SECTION 24. Inter-Agency Council Against Online Sexual Abuse and Exploitation of Children

The Inter-Agency Council Against Child Pornography (TACACP) is hereby renamed as the Inter-
Agency Council Against Online Sexual Abuse and Exploitation of Children ([AC-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.”

SECTION 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;

(© Provision of necessary technical and material support services to appropriate government
agencies and nongovernmental organizations;

(@ Sponsorship of conferences and seminars to provide venue for consensus building amongst
the public, the academe, government, nongovernmental and international organizations and

(© 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.”

SECTION 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 Against Online Sexual Abuse and Exploitation of
Children (IAC-OSAEC), in coordination with the Department of Justice- Office of Cybercrimes
(DOJ-00C), Department of Information and Communications Technology (DICT), Commission on
‘Human Rights (CHR), the Philippine National Police (PNP), National Bureau of Investigation (NBI),
Anti-Money Laundering Council (AMLC) and in consultation with ICT companies and Civil Society
Organizations (CSOs), shall develop a system and set of protocols for referring OSAEC cases and
recording and maintaining a unified database for the purpose of tracking and updating the status and
stages of investigation and prosecution of cases, consistent with existing laws on the protection of the
welfare of children.

SECTION 27. Secretariat to the Council, — The DSWD shall establish the necessary Secretariat for
the Council.

"The secretariat shall provide support for the functions and projects of the Council. The secretariat
shall be headed by an executive director, who shall be appointed by the Secretary of the DSWD upon
the recommendation of the Council. The executive director must have adequate knowledge on,
training and experience in the phenomenon of and issues involved in OSAEC and in the field of law,
law enforcement, ICT, social work, criminology, or psychology.

* tee recommended thatthe Inter-Agency Council be renamed in order to be consistent with the elimination ofthe usage of the
term “child pornography".
“Based onthe consultations with members of the publle and private sector.


"The executive director shall be under the supervision of the IAC-OSAEC through its Chairperson
and Co-Chairperson, and shall perform the following functions:

"(@) Act as secretary of the Council and administrative officer of its secretariat;

"(b) Advise and assist the Chairperson in formulating and implementing the objectives, policies,
plans and programs of the Council, including those involving mobilization of government offices
represented in the Council as well as other relevant government offices, task forces, and mechanisms;

"(©) Serve as principal assistant to the Chairperson in the overall supervision of council administrative
business;

"(@) Oversee all council operational activities;

*(e) Ensure an effective and efficient performance of council functions and prompt implementation of
council objectives, policies, plans and programs;

"(® Propose effective allocations of resources for implementing council objectives, policies, plans
and programs;

"(@) Submit periodic reports to the Council on the progress of council objectives, policies, plans and
programs;

"(Q) Prepare annual reports of all council activities; and

"(i) Perform other duties as the Council may assign."

ARTICLE VI
Final Provisions

SECTION 28. Section 22 of Republic Act 9775 is hereby amended to read as follows to reflect,
cross-border characteristic of OSAEC:

“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 DOI
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.

SECTION 29. Rules and Regulations. — The previous [ACACP as created by RA 9775, and now
‘the new Inter-Agency Council Against Online Sexual Abuse and Exploitation of children (IAC-
OSAEC) 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
effectivity of this Act. Such rules and regulations shall take effect upon their publication in two (2)
national newspapers of general circulation.

“


SECTION 30. 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.

SECTION 31. Separabitity Clause.— If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.

SECTION 32, Repealing Clause. — All laws, decrees, or rules inconsistent with the provisions of
this Acts are hereby repealed or modified accordingly.

SECTION 33. Effectivity Clause. — This Act shall take effect upon completion of its publication in
at Jeast two (2) national newspapers of general circulation.

15


Approved