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Added: Katie Selvage - Date: 13.05.2022 10:30 - Views: 14665 - Clicks: 6783

Section 1. Short Title.

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Section 2. Declaration of Policy. Towards this end, the State shall:. It includes online enticement or enticement through any other means. Section 4. Unlawful or Prohibited Acts. That possession of three 3 or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast. Conspiracy to commit any form of child pornography shall be committed when two 2 or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and. Section 5.

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Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if carried out by a group of three 3 or more persons conspiring or confederating with one another and shall be punished under Section 15 a of this Act. Section 6. Who May File a Complaint. Section 7. Appointment of Special Prosecutors. Section 8. Section 9. Nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person: ProvidedThat no ISP shall be held civilly liable for damages on of any notice given in good faith in compliance with this section.

Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant authorities. An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address which contains any form of child pornography. All ISPs shall install available technology, program or software to ensure that access to or transmittal of any form of child pornography will be blocked or filtered. 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.

The National Telecommunications Commission NTC shall promulgate within ninety 90 days from the effectivity of this Act the necessary rules and regulations for the implementation of this provision which shall include, among others, the installation of filtering software that will block access to or transmission of any form of the child pornography.

Section Photo developers, information technology professionals, credit card companies and banks and any person who has direct knowledge of any form of child pornography activities shall have the duty to report any suspected child pornography materials or transactions to the proper authorities within seven 7 days from discovery thereof. Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 15 l of this Act.

Duties of an Internet Content Host. An internet content host shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address that contains any form of child pornography. 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: Provided, That the failure of the internet content host to remove any form of child pornography within forty-eight 48 hours from receiving the notice that any form of child pornography is hitting its server shall be conclusive evidence of willful and intentional violation thereof.

Towards this end, the following rules shall be observed:. Except upon written request and order of the court, a record shall be released only to the following:. Any violation of this provision shall be subject to the penalty provided for under Section 15 m of this Act. Care, Custody and Treatment of Victim. The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses under Republic Act No.

The child shall also be considered as a victim of a violent crime defined under Section 3 d of Republic Act No. Penalties and Sanctions. In the case of a subsequent offense, the penalty shall be a fine not less than Two million pesos Php2, In case of subsequent offense, the penalty shall be a fine of not less than One million pesos Php1, In the case of a subsequent offense, the penalty shall be a fine of not less than Two million pesos Php2, All proceeds derived from the sale of properties used for the commission of any form of child pornography shall accrue to the special of the DSWD which shall be used exclusively for the implementation of this Act.

When the proceeds, tools and instruments used in the commission of the offense have been destroyed diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, tools and instruments used in the commission of the offense. Mandatory Services to Victims of Child Pornography.

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. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child Pornography created under Section 20 of this Act shall develop and implement the necessary programs that will prevent any form of child pornography, as well as protect, heal and reintegrate the child into the mainstream of society.

Such programs shall include beat but not limited to the following:. Inter - Agency Council against Child Pornography. These representatives shall be nominated by the government agency representatives of the Council for appointment by the President for a term of three 3 years and may be renewed upon renomination and reappointment by the Council and the President respectively.

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The members of the Council mat deate their permanent representatives, who shall have a rank not lower than assistant secretary or its equivalent, to meetings and shall receive emoluments as may be determined by the Council in accordance with existing budget and ing rules and regulations. Functions of the Council. Child Pornography as a Transnational Crime. Congressional Oversight Committee. The members from the Senate shall be appointed by the Senate President based on proportional representation of the parties or coalition therein with at least one 1 member representing the Minority.

The members from the House of Representative shall be appointed by the Speaker, also based on proportional representation of the parties or coalitions therein with the Chair of the House of Committee on Welfare of Children and at least one 1 member representing the Minority. The Secretariat of the Congressional Oversight Committee shall come from the existing Secretariat personnel of the Committees of the Senate and the House of Representatives concerned.

The Committee shall monitor and ensure the effective implementation of this Act, determine inherent weakness and loopholes in the law. Recommend the necessary remedial legislator or administrative measures and perform such other duties and functions as may be necessary to attain the objectives of this Act. Implementing Rules and Regulations.

Suppletory Application of the Revised Penal Code. Separability Clause. Repealing Clause. This Act which is a consolidation of Senate Bill No. Section 3. Definition of Terms.

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For the purpose of this Act, shall also refer to: 1 a person regardless of age who is presented, depicted or portrayed as 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 as defined herein.

That possession of three 3 or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast; e To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business; f For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography; g For a parent, legal guardian or person having custody or control of to knowingly permit the child to engage, participate or assist in any form of child pornography; h To engage in the luring or grooming of ; i To engage in pandering of any form of child pornography; j To willfully access any form of child pornography; k To conspire to commit any of the prohibited acts stated in this section.

Conspiracy to commit any form of child pornography shall be committed when two 2 or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and l To possess any form of child pornography.

Except upon written request and order of the court, a record shall be released only to the following: 1 Members of the court staff for administrative use; 2 The prosecuting attorney; 3 Defense counsel; 4 The guardian ad litem ; 5 Agents of investigating law enforcement agencies and 6 Other persons as determined by the court.

Common Penal Provisions. Such programs shall include beat 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 pursuant to Section 18 of this Act; b Sponsorship of a national research program on any form of child pornography and other acts covered by the law 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 academegovernment, nongovernmental and international organizations and e Promotion of information and education campaign.

The members from the House of Representative shall be appointed by the Speaker, also based on proportional representation of the parties or coalitions therein with the Chair of the House of Committee on Welfare of Children and at least one 1 member representing the Minority The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and Family relations and the House of Representatives Committee on Justice.

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