CHILD PORNOGRAPHY IN THE PHILIPPINES

 Child pornography in the Philippines and the growing commercial

sexual exploitation of children in the Philippines have resulted in
moves to combat this. In 2016, UNICEF declared that the
Philippines is one of the top sources of child pornography.
 UNICEF MANILA STUDY

 According to a book by Arnie Trinidad entitled Child Pornography in the

Philippines published by UNICEF Manila, a prominent case happened
in Pagsanjan,Laguna, a rural community South of Manila. The case, according to
Trinidad, involved the victimization of 590 children and adolescents aged 7 to 17 years
old, by 22 American and European pedophiles who were involved in the production of
pornography, drug abuse, and the sexual abuse of children. The study, published in
2005, documents other cases perpetrated by both foreign and local pedophiles and
includes in depth analysis of the ongoing problem, in the context of the social,
economic and legal environment.
 UNICEF MANILA STUDY

 The UNICEF Manila study states that social factors increase the
propensity of children to be victimized in pornography. Among
these are the commercial sexual exploitation of children, sex
tourism, poverty, peer influence, availability of technology, cultural
factors, among others.
 Convention on the Rights of the Child

 In 2003, the Philippines ratified their signing of the United Nations Optional
Protocol to the Convention on the Rights of the Child on the Sale of Children,
Child Prostitution and Child Pornography; the protocol requires its signatories
to recognize child pornography as a crime against children and to treat any act
that contributes to production or distribution of child pornography as a criminal
offense, within two years of ratification. Although fully compliant comprehensive
legislation has not yet been enacted, Philippine law criminalizes the use of
children in any aspect of the production or distribution of pornography, defining
a "child" as younger than 18 years; and with maximum penalties required if the
child involved is younger than 12 years old.
Anti-Child Pornography Alliance

 On September 15, 2007, the Children and Youth

Secretariat of the Anti-Child Pornography Alliance
(ACPA-Pilipinas) in the Philippines launched Batingaw
Network "to protect and save children from all forms of
abuses and exploitations." It is the largest anti-child
pornography movement in the Philippines to date. It
declared September 28 as the National Day of
Awareness and Unity against Child Pornography.
CRIMINAL LAW NOTES/OBSERVATIONS
ON RA 9775 (NEW LAW ON CHILD
PORNOGRAPHY IN CYBERSPACE)
 Perhaps one of the dark sides of speedy distribution of
information in the internet is the equally rapid spread of
pornography. That pornography stimulates deviant sexual
conduct to the point of actual commission of a crime is still a
raging debate among experts here and abroad. However, at
least with respect to child pornography, there is an increasing
consensus that the same exposes children to real harm.

 On17 November 2009, President Arroyo signed into law RA 9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES.
CRIMINAL LAW NOTES/OBSERVATIONS
ON RA 9775 (NEW LAW ON CHILD
PORNOGRAPHY IN CYBERSPACE)

 RA 9775 is a great contribution to the protection of

children in this country. I just note however that even
without this law, cyber pornographers, distributors of
cyber porn, owners of Internet Café may be held liable
for violation of Section 9 and 10 of RA 7610, and in
appropriate cases, RA 9262 (VAWC). These laws have
interpretative spaces to protect children exploited in
the internet.
PENALTY

 Any ISP (Internet Service Providers) Found guilty willfully and knowingly
failing to comply with the notice and installment requirements under R.A.
9775 shall suffer the penalty of a fine of not less than Five Thousand Pesos
(Php500,000.00) but not more than One Million Pesos (Php1,000,000.00) for
the first offense. In case of subsequent offense, the penalty shall be fine of
not less than One Million Pesos (Ph1,000,000.000) but not more than Two
Million Pesos (Php2,000,000.00) and revocation of its license to operate.