Source: Public Relations and Information Department

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House passes Anti-Child Pornography Bill
25 August 2009 04:07:50 PM
Writer: Jasmin Camero, MRS-PRIB

The House of Representatives has approved on 3rd and final reading a bill defining the crime of child pornography and prescribing penalties for violations.

"As a proud signatory to international treaties concerning the rights of children, the State is bound to take all appropriate legislative measures to protect children from all forms of neglect, cruelty and other conditions prejudicial to their growth and development," Rep. Monica Prieto-Teodoro (1st District, Tarlac) said.

"This bill is our bold action to guarantee the fundamental rights of every Filipino child from all forms of sexual exploitation including child pornography," the Chairperson of the Committee on the Welfare of Children, Prieto-Teodoro added.

Child pornography is defined as any representation, by whatever means -- be it visual, audio or in written form -- of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child primarily for sexual purposes.

"Anyone who produces, distributes, publishes and commits other acts related to child pornography should be subject to the penalties due for their actions," Prieto-Teodoro said.

"This measure institutionalizes the Philippines' sincere effort to safeguard our children, to educate, and heighten awareness of all citizens, particularly parents and children on the threat of child pornography which can take advantage of their innocence and poverty," Prieto-Teodoro said.

"This bill will guaranty that our children will never be a part of the harrowing statistics of child pornography. With proper implementation this bill will protect our children against child pornography and its devastating effects," Rep. Matias V. Defensor, Jr. (3rd District, Quezon City) said.

"This measure will equip enforcers with the legal basis to help stop this menace and to bring to justice the perpetrators and predators," Defensor said.

House Bill 6440 imposes penalties ranging from aresto mayor in its maximum period to reclusion temporal in its maximum period as well as fines amounting to not less than P30,000.00 but not more than P2,000,000.00 depending on the gravity of the offense committed.

"No one is exempt from these penalties, even the Internet Providers and Internet Content Hosts are subject to the consequences if they are negligent or have violated any of the provisions," Prieto-Teodoro said.

Darlene R. Antonino-Custodio (1st District, South Cotabato) cited reports submitted by the National Center for Missing and Exploited Children, which around 20% of all the Internet pornography is children-based. It has been estimated that around 83% of the images are those of children ages 6 to 12 yrs old, and 39% of the images are those from the age group 3 to 5 yrs old.

The following acts are considered unlawful under this measure: the hiring, using, inducing or coercing of a child to perform in the production of any sexual production/child pornography; Producing, directing, manufacturing or creating any form of child pornography materials; selling, offering, advertising and promoting child pornography and its materials; possessing, downloading, purchasing, reproducing or making available child pornography with the intent of selling or distributing them; publishing, posting, exhibiting, disseminating, distributing, transmitting or broadcasting child pornography and its materials; and engaging in the luring and grooming of a child.

The measure enumerates those who may file a complaint for child pornography, namely: the offended party, parents or guardians, ascendant or collateral relatives within the third degree of consanguinity, officer, social worker or representative of a licensed child-caring institution, DSWD officer or social worker, Local Social Welfare Development Officer, barrage chairman, at least three concerned, responsible citizens where the violation occurred or any person who has personal knowledge of the circumstances of the commission of any offense under this Act.

The bill provides that the child who is a victim of child pornography shall be recognized as a victim of violent crime as defined under Sec.3 (d), RA7309, and thus, may claim compensation. The child and family shall be entitled to protection as well as the rights and benefits of witnesses under RA 6981.

The bill provides for the creation of an Inter-Agency Council against child pornography to be headed by the Secretary of the Department of Social Welfare Development and composed of the heads of the country’s different departments/offices as members: Department Of Justice, Department of Labor and Employment, Department of Science and Technology, Philippine National Police, Commission on Human Rights, National Telecommunication Commission, and National Bureau of Investigation, among others.

There shall also be three representatives from children's non-government organizations.

The measure shall establish a Joint Congressional Oversight Committee composed of five members each from the Senate and the House of Representatives. This Committee shall be headed by the respective Chairpersons of the Senate Committee on Justice and Human Rights and the House Committee on Justice.

The bill was principally authored by six representatives: Antonino-Custodio and Prieto-Teodoro, Rene M. Velarde (Party-list, BUHAY), Ignacio T. Arroyo (5th District, Negros Occidental), Rufus B. Rodriguez (2nd District, Cagayan de Oro) and Narciso D. Santiago III (Party-list, ARC) co-authored by 124 members.