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Child Online Protection

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Child Online Protection

  1. 1. CHILD ONLINE PROTECTION SAN JUAN NATIONAL HIGH SCHOOL SAN ANTONIO-ANNEX SALIE S. CATUNGAL, LPT, MAED Teacher II
  2. 2. Legal Basis Today’s Topic Anti-child Pornography Law Anti-Trafficking Law Cybercrime Prevention Act Anti-Bullying Law DepEd
  3. 3. REPUBLIC ACT NO. 9775 “ANTI-CHILD PORNOGRAPHY ACT OF 2009.” NOVEMBER17,2009 AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES
  4. 4. Section 2. Declaration of Policy. The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being.
  5. 5. Towards this end, the State shall: (a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other conditions prejudicial to his/her development; (b) Protect every child from all forms of exploitation and abuse,but not limited to: (1) the use of a child in pornographic performances and materials; and (2) the inducement or coercion of a child to engage or be involved in pornography through whatever means; and
  6. 6. ◦c) Comply with international treaties to which the Philippines is a signatory or a State party concerning the rights of children which include, but not limited to, the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child of the Child on the Sale of Children, Child Prostitution and Child Pornography, the International Labor Organization (ILO) Convention No.182 on the Elimination of the Worst Forms of Child Labor and the Convention Against Transnational Organized Crime.
  7. 7. Section 3. Definition of Terms. (a) “Child” refers to a person below eighteen (18) years of age or over but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.– (b) “Child pornography” refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities. (c) “Explicit Sexual Activity” includes actual or simulated (d) “Internet address” refers to a website, bulletin board service, internet chat room or news group, or any other internet or shared network protocol address. (e) “Internet cafe or kiosk” refers to an establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet, computer games or related services. (f) “Internet content host” refers to a person who hosts or who proposes to host internet content in the Philippines.
  8. 8. Section 3. Definition of Terms. (j) “Pandering” refers to the act of offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material. (k) “Person” refers to any natural or juridical entity.
  9. 9. Section 5. 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.
  10. 10. Section 6. Who May File a Complaint (a) Offended party; (b) Parents or guardians; (c) Ascendant or collateral relative within the third degree of consanguinity; (d) Officer, social worker or representative of a licensed child- caring institution; (e) Officer or social worker of the Department of Social Welfare and Development (DSWD); (f) Local social welfare development officer; (g) Barangay chairman; (h) Any law enforcement officer; (i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or (j) Any person who has personal knowledge of the circumstances of the commission of any offense under this Act.
  11. 11. 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) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed using its server or facility. 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: Provided, That no ISP shall be held civilly liable for damages on account of any notice given in good faith in compliance with this section.
  12. 12. Section 14. Care, Custody and Treatment of a Child Victim. The DSWD shall ensure that the child who is a victim of any form of child pornography is provided appropriate care, custody and support for their recovery and reintegration in accordance with existing laws. The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses under Republic Act No. 6981, otherwise known as “The Witness Protection, Security and Benefit Act”. The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act No. 7309, otherwise known as “An Act Creating a Board of Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes”, so that the child may claim compensation therein.
  13. 13. Section 15. Penalties and Sanctions. ◦(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall suffer the penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00);
  14. 14. Section 18. Mandatory Services to Victims of Child Pornography. (a) 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 (f) Educational assistance.
  15. 15. REPUBLIC ACT No. 9208 "Anti- Trafficking in Persons Act of 2003". May 26, 2003 ◦An act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations,
  16. 16. (a) Trafficking in Persons ◦ refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
  17. 17. Section 6. Qualified Trafficking in Persons. (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter- Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;
  18. 18. Section 6. Qualified Trafficking in Persons. (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
  19. 19. Section 10. Penalties and Sanctions. ◦(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
  20. 20. Section 16. Programs that Address Trafficking in Persons. The government shall establish and implement preventive, protective and rehabilitative programs for trafficked persons. (a) Department of Foreign Affairs (DFA) (b) Department of Social Welfare and Development (DSWD) (c) Department of Labor and Employment (DOLE) (d) Department of Justice (DOJ) (e) National Commission on the Role of Filipino Women (NCRFW) (f) Bureau of Immigration (BI) (g) Philippine National Police (PNP) (h) Philippine Overseas Employment Administration (POEA) (i) Department of the Interior and Local Government (DILG) (j) Local government units (LGUs)
  21. 21. Section 17. Legal Protection to Trafficked Persons. ◦Trafficked persons shall be recognized as victims of the act or acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking enumerated in this Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant.
  22. 22. Section 23. Mandatory Services to Trafficked Persons. ◦ (a) Emergency shelter or appropriate housing; ◦ (b) Counseling; ◦ (c) Free legal services which shall include information about the victims' rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person; ◦ (d) Medical or psychological services; ◦ (e) Livelihood and skills training; and ◦ (f) Educational assistance to a trafficked child.
  23. 23. Republic Act No. 10175 “Cybercrime Prevention Act of 2012” September 12, 2012 ◦AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
  24. 24. SEC. 4. Cybercrime Offenses. (a) Offenses against the confidentiality, integrity and availability of computer data and systems: (1) Illegal Access. (2) Illegal Interception. (3) Data Interference (4) System Interference. (5) Misuse of Devices. (6) Cyber-squatting
  25. 25. SEC. 4. Cybercrime Offenses. (b) Computer-related Offenses: (1) Computer-related Forgery. (2) Computer-related Fraud. (3) Computer-related Identity Theft.
  26. 26. SEC. 4. Cybercrime Offenses. (c) Content- related Offenses: (1) Cybersex. (2) Child Pornography (3) Unsolicited Commercial Communications. (4) Libel.
  27. 27. SECTION 8-PENALTIES ◦Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.
  28. 28. SEC. 9. Corporate Liability. ◦ When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).
  29. 29. NARANASAN MO NA BANG MABULLY, MAMBULLY O MAGTANGGOL SA MGA NABUBULLY?
  30. 30. Republic Act No. 10627 “Anti-Bullying Act of 2013” September 12, 2013 ◦AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS
  31. 31. SEC. 2. Acts of Bullying. ◦ For purposes of this Act, “bullying” shall refer to any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following:
  32. 32. Acts of Bullying. a. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons; b. Any act that causes damage to a victim’s psyche and/or emotional well-being; c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks, clothes and body; and d. Cyber-bullying or any bullying done through the use of technology or any electronic means.
  33. 33. SEC. 3. Adoption of Anti-Bullying Policies ◦All elementary and secondary schools are hereby directed to adopt policies to address the existence of bullying in their respective institutions. Such policies shall be regularly updated and, at a minimum, shall include provisions which:
  34. 34. (a) Prohibit the following acts: (1) Bullying on school grounds; property immediately adjacent to school grounds; at school-sponsored or school-related activities, functions or programs whether on or off school grounds; at school bus stops; on school buses or other vehicles owned, leased or used by a school; or through the use of technology or an electronic device owned, leased or used by a school; (2) Bullying at a location, activity, function or program that is not school-related and through the use of technology or an electronic device that is not owned, leased or used by a school if the act or acts in question create a hostile environment at school for the victim, infringe on the rights of the victim at school, or materially and substantially disrupt the education process or the orderly operation of a school; and (3) Retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying;
  35. 35. ◦(b) Identify the range of disciplinary administrative actions that may be taken against a perpetrator for bullying or retaliation which shall be commensurate with the nature and gravity of the offense: Provided, That, in addition to the disciplinary sanctions imposed upon a perpetrator of bullying or retaliation, he/she shall also be required to undergo a rehabilitation program which shall be administered by the institution concerned. The parents of the said perpetrator shall be encouraged by the said institution to join the rehabilitation program;
  36. 36. (c) Establish clear procedures and strategies for: (1) Reporting acts of bullying or retaliation; 01 (2) Responding promptly to and investigating reports of bullying or retaliation; 02 (3) Restoring a sense of safety for a victim and assessing the student’s need for protection; 03 (4) Protecting from bullying or retaliation of a person who reports acts of bullying, provides information during an investigation of bullying, or is witness to or has reliable information about an act of bullying; and 04 (5) Providing counseling or referral to appropriate services for perpetrators, victims and appropriate family members of said students; 05
  37. 37. (d) Enable students to anonymously report bullying or retaliation: Provided, however, That no disciplinary administrative action shall be taken against a perpetrator solely on the basis of an anonymous report; (e) Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative action; This Photo by Unknown Author is licensed under CC BY-SA-NC This Photo by Unknown Author is licensed under CC BY-SA
  38. 38. (f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the mechanisms of such school for the anonymous reporting of acts of bullying or retaliation; (g) Educate parents and guardians about the dynamics of bullying, the anti-bullying policies of the school and how parents and guardians can provide support and reinforce such policies at home; and
  39. 39. ◦(h) Maintain a public record of relevant information and statistics on acts of bullying or retaliation in school: Provided, That the names of students who committed acts of bullying or retaliation shall be strictly confidential and only made available to the school administration, teachers directly responsible for the said students and parents or guardians of students who are or have been victims of acts of bullying or retaliation.
  40. 40. All elementary and secondary schools shall provide students and their parents or guardians a copy of the anti-bullying policies being adopted by the school. Such policies shall likewise be included in the school’s student and/or employee handbook and shall be conspicuously posted on the school walls and website, if there is any. The Department of Education (DepED) shall include in its training programs, courses or activities which shall provide opportunities for school administrators, teachers and other employees to develop their knowledge and skills in preventing or responding to any bullying act. This Photo by Unknown Author is licensed under CC BY
  41. 41. SEC. 4. Mechanisms to Address Bullying. The school principal or any person who holds a comparable role shall be responsible for the implementation and oversight of policies intended to address bullying. Upon receipt of such a report, the school principal or the designated school officer or person shall promptly investigate. If it is determined that bullying or retaliation has occurred, the school principal or the designated school officer or person shall: (a) Notify the law enforcement agency if the school principal or designee believes that criminal charges under the Revised Penal Code may be pursued against the perpetrator; (b) Take appropriate disciplinary administrative action; (c) Notify the parents or guardians of the perpetrator; and (d) Notify the parents or guardians of the victim regarding the action taken to prevent any further acts of bullying or retaliation.
  42. 42. ◦If an incident of bullying or retaliation involves students from more than one school, the school first informed of the bullying or retaliation shall promptly notify the appropriate administrator of the other school so that both may take appropriate action.
  43. 43. SEC. 5. Reporting Requirement. ◦All schools shall inform their respective schools division superintendents in writing about the anti-bullying policies formulated within six (6) months from the effectivity of this Act. Such notification shall likewise be an administrative requirement prior to the operation of new schools.
  44. 44. True Friendship Robert E. Lee This Photo by Unknown Author is licensed under CC BY-SA-NC
  45. 45. References Online sources ◦ www.officialgazette.gov.ph ◦ https://www.youtube.com/results?search_query=anti-bullying+act+of+2013 ◦ https://www.youtube.com/results?search_query=cybercrime+prevention+act+of+2012+tagalo g

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