Rizal 2nd District Rep. Fidel Nograles urged Congress to immediately tackle and pass a measure that seeks to strengthen the Anti-Child Pornography Act of 2009 (Republic Act 9775) amid reports that students are selling their sensual photos and videos in order to raise money to buy gadgets for distance learning classes.
The National Bureau of Investigation and Department of Justice Office of Cybercrime said recently that they would intensify efforts to crack down on online human trafficking.
Nograles is the author of House Bill No. 7633 or the Anti-Sexual Abuse and Exploitation of Children Act of 2020, which seeks to amend Section 9 of RA 9775.
“We have to place measures to protect our children—even from themselves. We have to act so that children are not forced to prostitute themselves because of their needs,” Nograles, a Harvard-trained lawyer, said.
Nograles is the author of House Bill No. 7633 or the Anti-Sexual Abuse and Exploitation of Children Act of 2020, which seeks to amend Section 9 of RA 9775.
The measure was filed following the release of a DOJ report that revealed that cases of online child sex abuse had increased exponentially during the country’s COVID-19 community quarantines.
The DOJ, using data from the U.S.-based National Center for Missing and Exploited Children, disclosed that 279,166 cases of online child sex abuse had been tallied in the Philippines from March 1 to May 24, 2020, compared to 76,561 cases during the same period in 2019.
The number represents a 264.63 percent increase, or more than 202,605 more incidents.
Section 9 of RA 9775 allows internet service providers to install software that could block access to and transmittal of child pornography and notify authorities within seven days of detection of any internet address that may contain child pornography.
The measure was filed following the release of a DOJ report that revealed that cases of online child sex abuse had increased exponentially during the country’s COVID-19 community quarantines.
The same provision, however, also states that “nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or customer or the content of any communication of any such person,” which telecom operators have said effectively hampers them from taking action, in particular monitoring and blocking child pornography websites.
If Nograles’ bill is passed, the first two paragraphs of Section 9 would be amended to read as follows:
“Section 9. Duties of an Information and Communication Technology Service Provider (ICTSP). – All Information and Communication Technology Service Providers (ICTSP) shall install available technology, program or software to ensure that access to or transmittal of any form of child pornography will be blocked or filtered.
All ICTSP shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed or has been committed using its server or facility or platform. All ICTSP shall maintain the privacy of the data captured relevant to this section while complying with notification requirements of this section. Provided, that no ISP shall be held civilly liable for damages on account of any notice given in good faith in compliance with this section. Provided further that the data captured solely for complying to this Section shall be exempt from the application of the Data Privacy Act.”
The bill also proposes that foreign nationals who have committed any sex-related offenses be barred from entering the Philippines.
The neophyte lawmaker also urged the Department of Education to come up with more effective ways so children can cope with the demands of distance learning.
The lawyer stressed that “our children should not be left to fend for themselves.”
“Tayong nasa pamahalaan ang dapat na namomroblema at gumagawa ng solusyon kung paano nila maipagpapatuloy ang pag-aaral nila.”