I. Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act (RA 11930, Secs. 3–14 and 25)

B. Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti- Child Sexual Abuse or Exploitation Materials (CSAEM) Act

(R.A. No. 11930, secs. 3–8, 11–14, 20, 22 and 25)

Republic Act No. 11930: Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act

Republic Act No. 11930 addresses online sexual abuse and exploitation of children. It provides a framework for prevention, investigation, prosecution, and rehabilitation in relation to these offenses. Under Section 3, a child includes a person below eighteen years of age and a person over that age who cannot fully care for or protect themselves because of a disability or condition. For purposes of the Act, it also includes a person portrayed as a child, regardless of age, and an image or graphic made to appear to depict a child.

Sections 3-8, 11-13, 14, 20, 22, and 25 Overview

Section 3: Definition of Terms

This section defines key terms used throughout the Act, including:

• Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM): Any representation, whether offline or online, that falls within the definition in Section 3(c).
• Online Sexual Abuse and Exploitation of Children (OSAEC): Refers to acts involving the exploitation or abuse of children through the internet, including but not limited to the production, dissemination, or consumption of child sexual abuse materials (CSAM).
• Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM): Any representation, whether offline or online, that falls within the definition in Section 3(c).
• Internet Service Providers (ISPs): Entities that provide users with access to the internet and other related services such as data storage and communication channels.

Section 4: Unlawful or Prohibited Acts

This section enumerates the acts prohibited under the law:

• Engaging in the Production, Distribution, or Accessing of CSAM: It is illegal to produce, distribute, or knowingly access materials depicting children in sexually explicit conduct.
• Inducing or Coercing a Child to Participate in OSAEC: Any act of inducing or coercing a child to participate in any form of online sexual exploitation is prohibited.
• Offering or Advertising Children for Online Exploitation: It is unlawful to offer, advertise, or seek children for purposes of online sexual exploitation.

Section 5: Offenses Committed by a Syndicate

This section concerns offenses committed by a syndicate.

Section 6: Penalties for Unlawful or Prohibited Acts

This section prescribes penalties for unlawful or prohibited acts.

Section 7: Qualified Unlawful or Prohibited Acts

This section concerns qualified unlawful or prohibited acts.

Section 8: Attempt to Commit Unlawful or Prohibited Acts

This section addresses attempts to commit unlawful or prohibited acts.

Section 11: Duties of Social Media Networks and Other Internet Content Hosts

This section concerns the duties of social media networks and other internet content hosts.

Section 12: Duties of Financial Intermediaries

This section concerns the duties of financial intermediaries.

Section 13: Duties of Internet Intermediaries

This section concerns the duties of internet intermediaries.

Section 14: Law Enforcement Responsibility

This section outlines the responsibilities of law enforcement agencies in investigating and prosecuting OSAEC cases:

• Training and Capacity Building: Law enforcement agencies are required to undergo training to effectively handle OSAEC cases.
• Coordination with Other Agencies: Law enforcement must work closely with ISPs, content providers, and international bodies to combat OSAEC.

Section 20: Legal Assistance to Victims

This section ensures that victims of OSAEC receive legal assistance. The Public Attorney's Office (PAO) and other government agencies are tasked with providing free legal services to victims to help them navigate the legal process and seek justice.

Section 22: Rehabilitation and Reintegration

This section emphasizes the importance of providing rehabilitation and reintegration services to victims of OSAEC. It mandates the creation of programs aimed at helping victims recover from the trauma of exploitation and reintegrate into society.

Section 25: Penalties

The penalties for violating the provisions of R.A. No. 11930 are severe and reflect the seriousness of the crime. The law imposes:

• Imprisonment: Penalties include reclusion perpetua where prescribed, depending on the nature and gravity of the offense.
• Fines: Substantial fines may also be imposed, particularly on ISPs and platforms that fail to comply with the law’s requirements.
• Additional Penalties: Other penalties may include revocation of business licenses, deportation for foreign offenders, and permanent banning from certain professions or industries.

Summary

Republic Act No. 11930 provides a comprehensive legal framework to combat the online sexual abuse and exploitation of children. The law imposes stringent penalties for those involved in such crimes and places significant responsibilities on ISPs, content providers, and law enforcement agencies to prevent, detect, and report OSAEC activities. The Act also ensures that victims receive the necessary legal assistance, rehabilitation, and support to recover from their experiences. Through these measures, the law aims to protect children from the growing threat of online sexual exploitation and create a safer digital environment.

Content-related offenses

• Cybersex – Willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
• Child Pornography — the unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. This is the historical wording of Republic Act No. 10175, Section 4(c)(2). Republic Act No. 11930 superseded Republic Act No. 9775; the current framework governs online sexual abuse or exploitation of children and child sexual abuse or exploitation materials (CSAEM), including child sexual abuse materials (CSAM).
• The provision imposing a penalty one (1) degree higher than that provided for in Republic Act No. 9775 belongs to that historical cross-reference; the applicable offenses and penalties are now governed by Republic Act No. 11930.
• [UNCONSTITUTIONAL] Unsolicited Commercial Communications – The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:
• There is prior affirmative consent from the recipient; or
• The primary intent of the communication is for service and/or administrative announcements from the senderto its existing users, subscribers or customers; or
• The following conditions are present:
• The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (optout) from the same source;
• The commercial electronic communication does not purposely disguise the source of the electronic message; and
• The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.
• Libel — the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.
• It only penalizes online libel as valid and constitutional with respect to the original author of the post; but void and unconstitutional with respect to others who simply receive the post and react to it.