Prohibited Acts under Republic Act No. 11930 (Anti-Online Sexual Abuse or Exploitation of Children and Anti-Sexual Abuse or Exploitation Materials Act)

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

In Republic Act No. 11930 or the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Sexual Abuse or Exploitation Materials (CSAEM) Act, it states that it is the policy of the State to provide special protections to children from all forms of sexual violence, abuse and exploitation especially those committed with the use of information and communications technology (ICT), provide sanctions for their commission and carry out programs for the prevention, deterrence and intervention in all situations of online sexual abuse and exploitation of children in the digital and non-digital production, distribution or possession of child sexual abuse or exploitation material.

Republic Act No. 11930 or the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Sexual Abuse or Exploitation Materials (CSAEM) Act declares that 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. Thus, it is the policy of the State to provide special protections to children from all forms of sexual violence, abuse and exploitation especially those committed with the use of information and communications technology (ICT), provide sanctions for their commission and carry out programs for the prevention, deterrence and intervention in all situations of online sexual abuse and exploitation of children in the digital and non-digital production, distribution or possession of child sexual abuse or exploitation material. (Section 2, Republic Act No. 11930)

Section 4 of Republic Act No. 11930 provides that regardless of the consent of the child, it shall be unlawful for any person to commit the following acts through online or offline means or a combination of both:

To hire, employ, use, persuade, induce, extort, engage, or coerce a child to perform or participate in whatever way in the creation or production of any form of OSAEC and CSAEM;
To produce, direct, manufacture, facilitate, or create any form of CSAEM, or participate in the production, direction, manufacture, facilitation or creation of the same;
To offer, sell, distribute, advertise, promote, export, or import, by any means, any form of CSAEM;
To knowingly publish, transmit and broadcast, by any means, any form of CSAEM;
To permit or influence the child to engage, participate or assist in any form of CSAEM;
To produce, direct, create, hire, employ or pay a facilitator to stream or livestream acts of child sexual abuse or exploitation
To stream or live-stream acts of, or any form of, child sexual abuse and exploitation;
To recruit, transport, transfer, harbor, provide, or receive a child or to induce or influence the same, for the purpose of violating this Act;
To introduce or match a child to a foreign national or to any person for the purpose of committing any of the offenses under this Act;
For film distributors, theaters and ICT services by themselves or in cooperation with other entities, to distribute any form of CSAEM or to facilitate the commission of any of the offenses under this Act;
To knowingly benefit from, financial or otherwise, the commission of any of the offenses of this Act;
To provide a venue for the commission of prohibited acts under this section such as dens, private rooms, cubicles, cinemas, houses, private homes, or other establishments;
To engage in the luring or grooming of a child: Provided, That grooming taking place offline as a prelude to violations under this Act shall also be penalized;
To sexualize children by presenting them as objects of sexual fantasy, or making them conversational subjects of sexual fantasies, in any online or digital platform;
To engage in pandering as defined under this Act;
To willfully subscribe, join, donate to, or support an internet site that hosts OSAEC or the streaming or live-streaming of child sexual abuse and exploitation;
To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means of any brochure, flyer, or any material that promotes OSAEC and child sexual abuse or exploitation
To possess any form of CSAEM: Provided, That possession of three (3) or more CSAEMs is prima facie evidence of the intent to sell, distribute, publish or broadcast;
To willfully access any form of CSAEM; and
To conspire to commit any of the prohibited acts stated in this section:

Provided that the investigation or prosecution of offenses under this Act shall be without prejudice to appropriate investigation and prosecution mechanisms underRepublic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003,” as amended, and other related laws.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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