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Presentation On Ra 11930

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REPUBLIC ACT 11930

ANTI-ONLINE SEXUAL ABUSE


AND EXPLOITATION OF
CHILDREN (OSAEC) AND ANTI-
REPORT CHILD SEXUAL ABUSE OR
EXPLOITATION MATERIALS
(CSAEM)
Ramirez |Bertillo| Majadillas |Sarte |Alidio | Ocfemia
PHILIPPINES TOPS GLOBAL CHART IN
ONLINE SEXUAL EXPLOITATION OF
CHILDREN
The United Nations Children's Fund (UNICEF) reported a
280 percent increase in Online Sexual Exploitation of
Children (OSEC) cases in 2022.

2019 76,561 REPORTS


2020-2022 202,605 REPORTS
PHILIPPINES AS THE GLOBAL EPICENTER OF
THE LIVE-STREAM SEXUAL ABUSE TRADE

1 IN 5 FILIPINO CHILDREN ARE VULNERABLE


TO ONLINE SEXUAL EXPLOITATION
OTHER RELATED LAWS
ANTI-CHILD ABUSE ACT
RA 7610

ANTI-HUMAN TRAFFICKING
RA 9208/ RA 10364

ANTI-CHILD
PORNOGRAPHY ACT
RA 9775

CYBERCRIME
PREVENTION
RA 10175
DECLARATION OF POLICY
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

To 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.
THE TERM “CHILD”
A person below eighteen (18)
years of age
A person regardless of age
who presents, depicts or
portrays himself/herself as a
child.
Digitally or manually crafted images,
or graphics of a person who is
represented or who is made to appear
to be a child
BEFORE AFTER
O S A E C
ONLINE SEXUAL ABUSE OR
EXPLOITATION OF CHILDREN
Use of Information and Communications Technology
as a means to abuse and/or exploit children sexually,
which includes cases in which offline child abuse
and/or exploitation is combined with an online
component.
CHILD ABUSE
Any form of communication through
any platform or format, or any
physical interaction between a child
and any person when the child is being
used for any act or activity inducing
sexual stimulation or for the purpose
of sexual gratification or in pursuit of
the desire to have carnal knowledge of
the child.
CHILD SEXUAL ABUSE EXPLOITATION
MATERIAL (CSAEM)
Any representation, whether
offline, or by, through or with the
use of ICT, by means of visual,
video, audio, written, or any
combination thereof, by electronic,
digital, or any other means, of a
child engaged or involved in real or
simulated sexual activities, or
depicting acts of sexual abuse or
exploitation of a child as a sexual
object.
UNLAWFUL AND PROHIBITED ACTS UNDER RA 11930
a. 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;
b. To produce, direct, manufacture, facilitate, or create any form of CSAEM, or participate in
the production, direction, manufacture, facilitation or creation of the same;
c. To offer, sell, distribute, advertise, promote, export, or import, by any means, any form of
CSAEM;
d. To knowingly publish, transmit and broadcast, by any means, any form of CSAEM;
e. To permit or influence the child to engage, participate or assist in any form of CSAEM;
f. To produce, direct, create, hire, employ or pay a facilitator to stream or livestream acts of
child sexual abuse or exploitation
g. To stream or live-stream acts of, or any form of, child sexual abuse and exploitation;
h. To recruit, transport, transfer, harbor, provide, or receive a child or to induce or influence
the same, for the purpose of violating this Act;
UNLAWFUL AND PROHIBITED ACTS UNDER RA 11930
i. 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;
j. 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;
k. To knowingly benefit from, financial or otherwise, the commission of any of the offenses
of this Act;
l. 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;
m. 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;
n. 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;
o. To engage in pandering as defined under this Act;
UNLAWFUL AND PROHIBITED ACTS UNDER RA 11930
p. 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
q. 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;
r. To willfully access any form of CSAEM; and
s. To conspire to commit any of the prohibited acts stated in this section.
COMMON VIOLATIONS UNDER RA. 11930

PRODUCTION, ACCESSS AND PROVIDING VENUE GROOMING


DISTRIBUTION CSAM
PERSONS LIABLE UNDER RA 11930
ANY PERSON SYNDICATE
Regardless of the consent of May be committed by a syndicate if
the child, it shall be unlawful carried out by a group of three (3)
for any person to commit the or more persons conspiring or
unlawful acts enumerated confederating with one another. If
under this law through online the crime was committed against
or offline means or a three (3) or more persons, it shall
combination of both. be considered as large-scale.

JURIDICAL PERSON
The owner, manager, partner, member of the board
of directors and/or any responsible officer of an
enterprise who participated in the commission of
the crime or shall have knowingly permitted or
failed to prevent its commission shall be liable.
ALIEN OFFENDERS

If the offender is a foreigner,


the offender shall be criminally
prosecuted immediately.
Thereafter, the offender shall
be deported after serving
sentence and will be
permanently barred from re-
entering the Philippines
EXTRA-TERRITORIAL JURISDICTION
The State shall exercise jurisdiction over
any act defined and penalized under this
Act, even if
1. Committed outside the Philippines
2. Whether or not such act or acts
constitute an offense at the place of
commission,
3. Even if the offense, being a continuing
offense, was either commenced: In the
Philippines; or committed in another
country
Provided, That in the case of the latter, the
suspect or accused is a Filipino citizen, a
permanent resident of the Philippines, and
has committed the act against a citizen of
the Philippines.
CHILD’S CONSENT
NOT RELEVANT
PENALTY
FINE
PHP 100,000 TO
PHP 2 MILLION
SENTENCE
PRISION MAYOR TO LIFE
IMPRISONMENT
SYNDICATED AND LARGE
SCALE VIOLATORS
FINE
PHP 5 MILLION
PHP 20 MILLION
MAX SENTENCE
LIFE
IMPRISONMENT
RISK FACTORS

POVERTY WIDESPREAD COUNTRY'S VISA-


IRRESPONSIBLE USE OF FREE POLICY
TECHNOLOGY
POVERTY
The National Study on
Online Sexual Abuse and
Exploitation of Children in
the Philippines found that
in many cases, poverty
was the primary
motivation for children
and families to get into this
situation.
The parents of minors
themselves used their children
to earn money by forcing them
to do sexual acts online to
foreign clients.
Poverty stricken slums are
penetrated by large scale
syndicates to lure children in
exchange for food and money to
do online performances.
They consider this “businees a
more lucrative source of money
compared to labor/office jobs.
WIDESPREAD AND IRRESPONSIBLE USE
OF TECHNOLOGY
Increased Internet access and
cheaper devices have brought
poor communities online.

The abuses are committed in the


privacy of their homes.

Social Media Platforms as means


to perpetuate abuse.
Online sexual abuse and exploitation of children
is a silent pandemic that has permanent, and
devastating effects on children’s mental health
and psychosocial well-being
GROOMING
Predatory conduct, act, or
pattern of acts, of establishing
a relationship of trust, or
emotional connection by
another, with a child or
someone who is believed to be
a child, whether in person or
via electronic and other similar
devices, for the purpose of
perpetrating sexual abuse or
exploitation or the production
of any form of CSAEM;
PANDERING
Act of offering, advertising,
promoting, representing or
distributing through any
means any child sexual abuse
or exploitation material, or any
material that purports to
contain any form of child
sexual abuse or exploitation
material, regardless of its
actual content.
VISA-FREE POLICY
l

Foreign sexual predators are able to


freely enter and exit the country
which leads to in-person sexual abuse.
These foreign predators capitalizes on
vulnerable communities to engage in
large-scale OSAEC operations.

In the guise of finding true love and


subsequent adoption.
WHO MAY FILE A COMPLAINT?
Offended party;
Parents or guardians;
Ascendant or collateral relative within
the third (3rd) degree of
consanguinity;
Officer, social worker or representative
of a licensed child-caring institution;
Officer or social worker of the DSWD;
Local social welfare development
officer;
WHO MAY FILE A COMPLAINT?
Any barangay official;

Any law enforcement officer;

At least three (3) concerned


responsible citizens residing in the
place where the violation occurred.

Any person who has personal


knowledge of the circumstances of
the commission of any offense under
this Act.
HOW TO FILE l

Any person who has direct knowledge of any form of the unlawful
or prohibited acts shall immediately report the incident, either
orally, in writing, or through other means,

WHERE TO FILE COMPLAINT


Barangay Council for the Protection of Children (BCPC) or the concerned barangay
authorities, the LSWDO, the nearest police or other LEAs, the Local Council for the Protection
of Children (LCPC), the School Child Protection Committee, the Regional Inter-Agency
Committee Against Trafficking in Persons and Violence Against Women and their Children
(RCAT-VAWC), the Local Committee Against Trafficking in Persons and Violence Against
Women and Children (LCAT-VAWC), any member agency of the NCC-OSAEC-CSAEM, local
antiOSAEC and anti-CSAEM committees, or any member agency of the IACAT.
AFFIDAVIT OF DESISTANCE
NOT APPLICABLE
WHAT HAPPENS TO THE CHILD?
The child victim shall be immediately placed under the protective
custody of the city or municipal social welfare and development.

However in cases where (a) the city or municipal social welfare


and development office has no registered social worker that can
perform case management; (b) the LGU does not have any
residential care facility that can afford center-based intervention
and rehabilitation; and/or (c) it was assessed that there are safety
and risk factors detrimental to the child's stay in the same locality.

The DSWD shall provide support and assistance to the concerned


city or municipal social welfare and development office by
assuming temporary protective custody over the child: Provided,
however, That the needs of the child shall be provided for by the
concerned.
NATIONAL COORDINATION CENTER AGAINST
OSAEC AND CSAEM
This is established within the Inter-Agency
Council Against Trafficking (IACAT), as
mandated by Republic Act No. 9208, or the
"Anti-Trafficking in Persons Act of 2003," as
amended. The IACAT will maintain its structure
and functions per the Anti-Trafficking in
Persons Act of 2003, with the added
responsibility of addressing cases covered by
this Act. Operating under the guidance of the
IACAT, the NCC-OSAEC-CSAEM will formulate
and execute essential programs aimed at
preventing the occurrence of OSAEC and
CSAEM, and ensuring the protection, recovery,
and reintegration of the child into society.
NCC-OSAEC-CSAEM
ROLE OF PRIVATE SECTORS
The private sectors are given specific
responsibilities to assist the State in the prevention
and prosecution of violators of this Act.

INTERNET SERVICE
PROVIDERS (ISP)
INTERNET PAYMENT SYSTEM
INTERMEDIARIES (ISP) PROVIDERS (ISP)
OSAEC AND CSAEM OFFENDERS REGISTRY
An OSAEC and CSAEM offenders registry
for both Filipino nationals and foreigners
shall be created containing the following
information of adult individuals convicted
of OSAEC, CSAEM and other sexual
offenses against children.
(a) name;
(b) address;
(c) employment;
(d) fingerprints;
(e) complete criminal history;
(f) recent photograph; and
(g) other relevant information necessary
#SPEAKUP
CULTURE OF SILENCE
THIS ONLY CONTRIBUTES TO
CREATING AN EASY
ENVIRONMENT FOR CRIMINALS
END

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