Republic of the PhilippinesCongress of the PhilippinesMetro ManilaFourteenth CongressThird Regular SessionRepublic Act No. 9775AN ACT DF!N!N" T# CR!$ %F C#!&D P%RN%"RAP#'( PRSCR!)!N" PNA&T!S T#RF%R AND F%R %T#R P*RP%SSBeit enactedbytheSenateandHouseof Representativesof thePhilippinesinCongress assembled:Section +. Short Title. - This Act shall be known as the "Anti-Child Pornography Actof 2009."Section ,.Declaration of Policy.- The State recognizes the vital role of the youth innation building and shall promote and protect their physical, moral, spiritual,intellectual, emotional, psychological and social well-being. Towards this end, the Stateshall!a" #uarantee the fundamental rights of every child from all forms of neglect, crueltyand other conditions pre$udicial to his%her development&!b" 'rotect every child from all forms of e(ploitation and abuse including, but not limitedto!)" the use of a child in pornographic performances and materials& and!*"theinducement orcoercionof achildtoengageorbeinvolvedinpornographythrough whatever means& and!c" +omply with international treaties to which the 'hilippines is a signatory or a Stateparty concerning the rights of children which include, but not limited to, the +onventionon the ,ights of the +hild, the -ptional 'rotocol to the +onvention on the ,ights of the+hild of the +hild on the Sale of +hildren, +hild 'rostitution and +hild 'ornography, the.nternational /abor-rganization!./-"+onvention0o.)1*onthe2liminationof the3orst 4ormsof +hild/abor andthe+onventionAgainst Transnational -rganized+rime.Section -. Definition of Terms. -!a" 5+hild5 refers to a person below eighteen !)1" years of age or over, but is unable tofully take care of himself%herself from abuse, neglect, cruelty, e(ploitation ordiscrimination because of a physical or mental disability or condition.4or the purpose of this Act, a child shall also refer to!)" a person regardless of age who is presented, depicted or portrayed as a child asdefined herein& and!*" computer-generated, digitally or manually crafted images or graphics of a personwho is represented or who is made to appear to be a child as defined herein.!b" 5+hild pornography5 refers to any representation, whether visual, audio, or writtencombination thereof, by electronic, mechanical, digital, optical, magnetic or any othermeans, of child engaged or involved in real or simulated e(plicit se(ual activities.!c" 52(plicit Se(ual Activity5 includes actual or simulated -!)" As to form!i" se(ualintercourse or lascivious act including, but not limited to, contact involvinggenital togenital, oral togenital, anal togenital, or oral toanal, whether betweenpersons of the same or opposite se(&!*" bestiality&!6" masturbation&!7" sadistic or masochistic abuse&!8" lascivious e(hibition of the genitals, buttocks, breasts, pubic area and%or anus& or!9" use of any ob$ect or instrument for lascivious acts!d" 5.nternet address5 refers to a website, bulletin board service, internet chat room ornews group, or any other internet or shared network protocol address.!e" 5.nternet cafe or kiosk5 refers to an establishment that offers or proposes to offerservices to the public for the use of its computer%s or computer system for the purposeof accessing the internet, computer games or related services.!f" 5.nternet content host5 refers to a person who hosts or who proposes to host internetcontent in the 'hilippines.!g" 5.nternet serviceprovider !.S'"5 referstoapersonor entitythat supplies orproposes to supply, an internet carriage service to the public.!h" 5#rooming5referstotheact of preparingachildor someonewhotheoffenderbelieves to be a child for se(ual activity or se(ual relationship by communicating anyformof childpornography..t includesonlineenticement or enticement throughanyother means.!i" 5/uring5 refers to the act of communicating, by means of a computer system, with achild or someone who the offender believes to be a child for the purpose of facilitatingthe commission of se(ualactivity or production of any form of child pornography.!*":estiality&!$" 5'andering5 referstotheact of offering, advertising, promoting, representingordistributing through any means any material or purported material that is intended tocause another to believe that the material or purported material contains any form ofchild pornography, regardless of the actual content of the material or purportedmaterial.!k" 5'erson5 refers to any natural or $uridical entity.Section .. nla!ful or Prohibited "cts. - .t shall be unlawful for any person!a" To hire, employ, use, persuade, induce or coerce a child to perform in the creationor production of any form of child pornography&!b" To produce, direct, manufacture or create any form of child pornography&!c" To publish offer, transmit, sell, distribute, broadcast, advertise, promote, e(port orimport any form of child pornography&!d" To possess any form of child pornography with the intent to sell, distribute, publish,or broadcast 'rovided. That possession of three !6" or more articles of childpornographyof thesameformshall beprimafacieevidenceof theintent tosell,distribute, publish or broadcast&!e" Toknowingly, willfullyandintentionallyprovideavenuefor thecommissionofprohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses orin establishments purporting to be a legitimate business&!f" 4or film distributors, theaters and telecommunication companies, by themselves orin cooperation with other entities, to distribute any form of child pornography&!g" 4or aparent, legal guardianor personhavingcustodyor control of achildtoknowingly permit the child to engage, participate or assist in any formof childpornography&!h" To engage in the luring or grooming of a child&!i" To engage in pandering of any form of child pornography&!$" To willfully access any form of child pornography&!k" To conspire to commit any of the prohibited acts stated in this section. +onspiracyto commit anyformofchildpornography shall becommittedwhentwo!*"or morepersons come to an agreement concerning the commission of any of the saidprohibited acts and decide to commit it& and!l" To possess any form of child pornography.Section 5. Syndicated Child Pornography - The crime of child pornography is deemedcommittedbyasyndicateif carriedout byagroupof three!6" or morepersonsconspiringor confederatingwithoneanother andshall bepunishedunder Section)8!a" of this Act.Section/.#ho$ay%ileaComplaint.-+omplaintsoncasesof anyformof childpornography and other offenses punishable under this Act may be filed by thefollowing!a" -ffended party&!b" 'arents or guardians&!c" Ascendant or collateral relative within the third degree of consanguinity&!d" -fficer, social worker or representative of a licensed child-caring institution&!e" -fficer or social worker of the;epartment of Social 3elfareand;evelopment!;S3;"&!f" /ocal social welfare development officer&!g" :arangay chairman&!h" Any law enforcement officer&!i" At least three!6"concernedresponsiblecitizensresidingintheplacewheretheviolation occurred& or!$" Any person who has personal knowledge of the circumstances of the commission ofany offense under this Act.Section7."ppointmentof Special Prosecutors.- The;epartmentof" days from obtaining facts and circumstances thatany form of child pornography is being committed using its server or facility. 0othing inthis section may be construed to re?uire an .S' to engage in the monitoring of anyuser, subscriber or customer, or the content of any communication of any such personProvided, That no .S' shall be held civilly liable for damages on account of any noticegiven in good faith in compliance with this section.4urthermore, an.S'shall preservesuchevidencefor purposeof investigationandprosecution by relevant authorities.An .S' shall, upon the re?uest of proper authorities, furnish the particulars of userswhogainedorattemptedtogainaccesstoan internet addresswhichcontainsanyform of child pornography.All .S's shall install available technology, program or software to ensure that access toor transmittal of any form of child pornography will be blocked or filtered.An.S'whoshall knowingly,willfullyandintentionallyviolatethisprovisionshall besub$ect to the penalty provided under Section )8!k" of this Act.The0ational Telecommunications+ommission!0T+"shall promulgatewithinninety!=@" days from the effectivity of this Act the necessary rules and regulations for theimplementation of this provision which shall include, among others, the installation offilteringsoftwarethat will blockaccesstoor transmissionof anyformof thechildpornography.Section +1. Responsibility of $all *!ners+*perators and *!ners or ,essors of *therBusiness -stablishments.- All mall owners%operators and owners or lessors of otherbusiness establishments shallnotify the '0' or the 0:. within seven !>" days fromobtaining facts and circumstances that child pornography is being committed in theirpremises.Provided.That public display of any form of child pornography within theirpremises is a conclusive presumption of the knowledge of the mall owners%operatorsandownersorlessorsof otherbusinessestablishmentsof theviolationof this ActProvided. further.That a disputable presumption of knowledge by mallowners%operators and owners or lessors of other business establishments should knowor reasonably know that a violation of this Act is being committed in their premises.'hotodevelopers, informationtechnologyprofessionals, credit cardcompaniesandbanksandanypersonwhohasdirect knowledgeof anyformof childpornographyactivities shallhave the duty to report any suspected child pornography materials ortransactions to the proper authorities within seven !>" days from discovery thereof.Anywillful andintentional violationof thisprovisionshall besub$ect tothepenaltyprovided under Section )8!l" of this Act.Section ++. Duties of an 'nternet Content Host. - An internet content host shall!a" 0ot host any form of child pornography on its internet address&!b" 3ithin seven !>" days, report the presence of any form of child pornography, as wellastheparticularsof thepersonmaintaining, hosting, distributingor inanymannercontributing to such internet address, to the proper authorities& and!c" 'reserve such evidence for purposes of investigation and prosecution by relevantauthorities.Aninternet content host shall, uponthere?uest of proper authorities, furnishtheparticulars of users who gained or attempted to gain access to an internet address thatcontains any form of child pornography.Aninternet content host whoshall knowingly, willfullyandintentionallyviolatethisprovisionshall besub$ect tothepenaltyprovidedunder Section)8!$" of thisAct'rovided, That thefailureof theinternet content host toremoveanyformof childpornographywithinforty-eight !71"hoursfromreceivingthenoticethat anyformofchildpornographyishittingitsserver shall beconclusiveevidenceof willful andintentional violation thereof.Section +,. "uthority to Regulate 'nternet Caf/ or 0ios1. - The local government unit!/#A" of the city or municipality where an internet cafB or kiosk is located shall havethe authority to monitor and regulate the establishment and operation of the same orsimilar establishments in order to prevent violation of the provisions of this Act.Section +-.Confidentiality.- The right to privacy of the child shall be ensured at anystage of the investigation, prosecution and trial of an offense under this Act. Towardsthis end, the following rules shall be observed!a" The $udge, prosecutor or any officer of the law to whom the complaint has beenreferredtomay,whenever necessarytoensureafairandimpartial proceedingandafter considering all circumstances for the best interest of the child conduct a closed-door investigation, prosecution or trial&!b" The name and personal circumstances of the child, including the childCs immediatefamily, or anyother informationtendingtoestablishhis%her identityshall not bedisclosed to the public&!c" Any record regarding a child shall be confidential and kept under seal. 2(cept uponwritten re?uest and order of the court, a record shall be released only to the following!)" Members of the court staff for administrative use&!*" The prosecuting attorney&!6" ;efense counsel&!7" The guardian ad litem&!8" Agents of investigating law enforcement agencies and!9" -ther persons as determined by the court.!d" Any form of child pornography that is part of the court records shall be sub$ect to aprotective order that provides as follows!)" Any form of child pornography may be viewed only by the parties, their counsel,their e(pert witness and guardian ad litem&!*" 0either form of child pornography nor any portion thereof shall be divulged to anyother person, e(cept as necessary for investigation, prosecution or trial& and!6" 0o person shall be granted access to any form of child pornography or any partthereof unless he%she signs a written affirmation that he%she has received and read acopy of the protection order& that he%she submits to the $urisdiction of the court withrespecttothe protective order&and that,in caseof violationthereof, he%shewill besub$ect to the contempt power of the court& and!e".ncases whenprosecutionortrial is conducted behind closed doors,it shallbeunlawful for any editor, publisher and reporter or columnist in case of printed materials,announcer or producer in case of television and radio, producer and director of a film incase of the movie industry, or any person utilizing the tri-media facilities or informationtechnologytopublishor broadcast thenamesof thevictimsof anycaseof childpornography.Any violation of this provision shall be sub$ect to the penalty provided for under Section)8!m" of this Act.Section +.. Care. Custody and Treatment of a Child 2ictim. - The ;S3; shall ensurethat the child who is a victim of any form of child pornography is provided appropriatecare, custodyandsupport for their recoveryandreintegrationinaccordancewithe(isting laws.Thechildandhisfamilyshall beentitledtoprotectionaswell astotherightsandbenefits of witnesses under ,epublic Act 0o. 9=1), otherwise known as 5The 3itness'rotection, Security and :enefit Act5.The child shall also be considered as a victim of a violent crime defined under Section6!d" of ,epublic Act 0o. >6@=, otherwise known as 5An Act +reating a :oard of +laimsunder the ;epartment of