1. CHILD
PORNOGRAPHY
IN THE

2. 1. Republic Act No. 9775 is the “Anti-Child Pornography Act of 2009” (“Act”).
2. Under the Anti-Child Pornography Act of 2009, the term “child” may refer
to an adult when such adult is presented, depicted or portrayed as a child.
3. The definition of child pornography in the Act includes explicit sexual
activities engaging or involving a child even if such activities are only
simulated.
4. Pandering is the same as distribution of child pornography materials.
5. Mere possession of child pornography of any form is punishable in the Act.
6. Mere access of any form of child pornography is an unlawful or prohibited
act.
7. Any law enforcement officer is categorically included in the Act as among
those who may file a complaint unlike in R.A. 7610 and R.A. 9208.
8. The Confidentiality provision of the Act protects the rights to privacy of the
child and the accused.
9. The liability of the Internet Content Host is less than that of the Internet
Service Provider in terms of penalty.
10. Child pornography as a transnational crime is an extraditable offense.

3. Cybersex is a virtual sex encounter in which
two or more persons connected remotely via
a computer network send one another
sexually explicit messages describing a
sexual experience. It is a form of role-playing
in which the participants pretend they are
having actual sexual intercourse, by
describing their actions and responding to
their chat partners in a mostly written form
designed to stimulate their own sexual

4. - Approximately 20% of all Internet pornography
involves children (National Center for Missing &
Exploited Children)
- Average age of first Internet exposure to
pornography – 11 years old**
- 15-17 year olds having multiple hard-core exposures
– 80%**
**Worldwide statistics http://www.safefamilies.org/sfStats.php

5. Source: Child Pornography in the Philippines
UPCIDS and UNICEF Manila 2005

6. Source: Child Pornography in the Philippines
UPCIDS and UNICEF Manila 2005

7. “State parties undertake to protect
the child from all forms of sexual
exploitation and abuse”
Article 34, CRC

8.  Repeated victimization
Source: Child Pornography in the Philippines
UPCIDS and UNICEF Manila 2005
It is a grave form of sexual exploitation.It is a grave form of sexual exploitation.It is a grave form of sexual exploitation.It is a grave form of sexual exploitation.

9.  Repeated exploitation
Source: Child Pornography in the Philippines
UPCIDS and UNICEF Manila 2005

10.  The Anti-Child Pornography Act
of 2009
 Took effect 6 February 2010
 IRR took effect on 13 July 2010

11.  Any representation of a child engaged or
involved in real or simulated explicit sexual
activities

12.  Any representation of a child engaged or
involved in real or simulated explicit sexual
activities
visual, audio, written or a combination
thereof
by electronic, mechanical, digital, optical,
magnetic or any other means

13.  Any representation of a child engaged or
involved in real or simulated explicit sexual
activities
 R.A. 7610 definition
 Also refers to:
(1) a person regardless of age who is presented,
depicted or portrayed as a child
(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

14.  Any representation of a child engaged or
involved in real or simulated explicit sexual
activities
Includes actual or simulated:
 sexual intercourse or lascivious act
 bestiality
 masturbation
 sadistic or masochistic abuse
 lascivious exhibition of the genitals, buttocks,
breasts, pubic area and/or anus
 use of any object or instrument
for lascivious acts

15.  POSSESSION & ACCESS
―To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast
―Reclusion temporal in its medium period (14y 4m 1d-17y 4m)
and a fine of P750,000 to P1,000,000
―To possess any form of child pornography
―arresto mayor in its minimum period (1m-2m) and a fine of
P50,000 to P100,000
―To willfully access any form of child pornography
―prision correccional in its maximum period (4y 2m 1d-12y) and
a fine of P200,000 to P300,000

16.  PRODUCTION & DISTRIBUTION
— To hire, employ, use, persuade, induce or coerce a child to
perform in the creation or production of any form of child
pornography
— To produce, direct, manufacture, or create any form of child
pornography
— To publish, offer, transmit, sell, distribute, broadcast, advertise,
promote, export or import any form of child pornography
—Reclusion temporal maximum (17y 4m 1d-20y) and a fine of P1M-2M
— For film distributors, theaters, and telecommunication companies,
by themselves or in cooperation with other entities, to distribute
any form of child pornography
—Reclusion temporal medium (14y 4m 1d-17y 4m) and a fine of P750,000-
P1M
— To engage in pandering of any form of child pornography
—Prision mayor minimum (6y 1d-8y) and a fine of P300,000-500,000

17.  FACILITATION
―To knowingly, willfully, and intentionally provide a
venue for the commission of prohibited acts
―Reclusion temporal medium (14y 4m 1d-17y 4m) and a
fine of P750,000-P1M
―For a parent, legal guardian, or person having
custody or control of a child to knowingly permit
the child to engage, participate, or assist in any
form of child pornography
―Reclusion temporal minimum (12y 1d-14y 8m) and a fine
of P500,000-P700,000

18.  PREPARATORY ACTS
—To engage in the luring or grooming of a child
—Luring – act of communicating, by means of a computer
system, with a child or someone who the offender believes to
be a child, for the purpose of facilitating the commission of a
sexual activity or production of any form of child
pornography.
—Grooming - act of preparing a child or someone who the
offender believes to be a child for a sexual activity or sexual
relationship by communicating any form of child
pornography.
—Prision mayor maximum and a fine of P300,000-P500,000
Unlawful or Prohibited Acts

19.  NON-COMPLIANCE WITH DUTIES TO REPORT
—Failure to comply with the duties of an Internet Service
Provider
—Fine of P500,000-P1M 1st
offense
—P1M-2M subsequent offenses
—Failure to comply with the duties of an Internet Content Host
—Prision correccional medium (2y 4m 1d-4y 2m) and a fine of P1M-2M
1st
offense
— Fine of P2M-3M
—Failure to comply with the responsibility of the mall
owner/operator and owner or lessor of other business
establishments, including photo developers, information
technology professionals, credit card companies and banks
—Fine of P1M-2M 1st
offense
—Fine of P2M-3M subsequent offense
Unlawful or Prohibited Acts

20.  OTHERS
—Violation of confidentiality
—Arresto mayor minimum (1m-2m) and a fine of P100,000-
P300,000
—Syndicated child pornography
—Reclusion perpetua (20y 1d-40y) and a fine of P2M-5M
Unlawful or Prohibited Acts

21.  the offended party
 parents or guardians, ascendant or collateral relative of the
victim within the 3rd
degree of consanguinity
 officer or social worker of DSWD
 local social welfare development officer
 barangay chairman
 any law enforcement officer
 at least 3 concerned responsible citizens residing in the place
where the violation occurred, or
 any person who has personal knowledge of the circumstances
of the commission of any offenses under the Act

22.  The LGU of the city or municipality where an internet
café or kiosk is located shall monitor or regulate the
establishment and operation of the same and similar
establishments

23.  Family Court with territorial jurisdiction over the place
where the offense or any of its elements was
committed

24.  Any person who, acting in good faith, shall report a
case of child pornography shall be free from any civil or
administrative liability arising therefrom.
 Presumption of good faith

25.  Emergency shelter or appropriate housing
 Counseling
 Free legal services
 Medical or psychological services
 Livelihood and skills training
 Educational assistance

26.  Alex invited 3 boys, ages 11, to his house under the pretext of
teaching them how to dance hip-hop. After meeting with and
practicing the boys for several weeks, he gained their trust
and confidence. One day, he asked the boys to take off their
shirts while dancing. The following week, he asked them to
dance hip-hop while wearing very tight short pants and
without their shirts on. While the boys were dancing, he took
a video of them then he posted the video on YouTube. Did
Alex commit any of the unlawful or prohibited acts under R.A.
9775?

27.  Destileria Limtuaco erected three billboards in strategic, high-
traffic locations in Manila for Napoleon Quince. Positioned as
a 15-year old brandy, the copy reads "Nakatikim ka na ba ng
kinse anos?" ("Have you tasted a 15-year-old?"). The billboard
campaign was complemented with a radio spot in which a
wife accuses her husband of having an affair with a 15-year-
old at a bar. He explains the 15-year-old in question is
Napoleon Quince. If the ads are released now with R.A. 9775
in effect, will the ads be considered child pornography?

28. 1. Republic Act No. 9775 is the “Anti-Child Pornography Act of 2009” (“Act”).
2. Under the Anti-Child Pornography Act of 2009, the term “child” may refer
to an adult when such adult is presented, depicted or portrayed as a child.
3. The definition of child pornography in the Act includes explicit sexual
activities engaging or involving a child even if such activities are only
simulated.
4. Pandering is the same as distribution of child pornography materials.
5. Mere possession of child pornography of any form is punishable in the Act.
6. Mere access of any form of child pornography is an unlawful or prohibited
act.
7. Any law enforcement officer is categorically included in the Act as among
those who may file a complaint unlike in R.A. 7610 and R.A. 9208.
8. The Confidentiality provision of the Act protects the rights to privacy of the
child and the accused.
9. The liability of the Internet Content Host is less than that of the Internet
Service Provider in terms of penalty.
10. Child pornography as a transnational crime is an extraditable offense.