The Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act
Republic Act No. 11930
Date Enacted: July 30, 2022
I. Overview
Republic Act No. 11930, also known as the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act, is a landmark legislation in the Philippines aimed at addressing the pervasive issue of online sexual exploitation and abuse of children. It strengthens existing laws and introduces stricter measures to protect children against online exploitation, abuse, and the distribution or creation of materials depicting such abuse.
This law complements the Anti-Child Pornography Act of 2009 (R.A. No. 9775) and the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (R.A. No. 7610) while ensuring compliance with international treaties such as the United Nations Convention on the Rights of the Child and other child protection protocols.
II. Key Definitions
Child
Any person below eighteen (18) years of age or a person over 18 years who is unable to fully take care of or protect themselves due to a physical or mental disability.Online Sexual Abuse or Exploitation of Children (OSAEC)
Any act of exploitation or abuse facilitated through technology, including:- Engaging in sexual activities involving a child via the internet or other technology platforms.
- Recruiting, harboring, or advertising a child for online sexual abuse.
Child Sexual Abuse or Exploitation Materials (CSAEM)
Any representation, through any means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.
III. Salient Features of R.A. No. 11930
Criminalized Acts
The law identifies and penalizes the following acts:- Production, possession, or distribution of CSAEM.
- Live streaming or broadcasting of a child engaged in sexual activities.
- Grooming or coercing a child to engage in online sexual activities.
- Advertising or promoting OSAEC or CSAEM.
- Unauthorized access to computer systems or networks to commit these acts.
- Failure of internet intermediaries, financial intermediaries, or internet service providers (ISPs) to take down or block access to CSAEM.
Strict Liability
The law imposes strict liability for individuals who knowingly access or possess CSAEM, regardless of whether they produce or distribute such materials.Corporate Accountability
Internet platforms, financial intermediaries, and ISPs are mandated to:- Report incidents of OSAEC or CSAEM within 24 hours.
- Maintain mechanisms to detect, prevent, and report exploitation activities.
- Cooperate with law enforcement agencies in investigations. Non-compliance leads to significant administrative fines and possible criminal prosecution.
Non-Prescription of Crimes
Crimes under R.A. No. 11930 do not prescribe, ensuring that perpetrators can be prosecuted regardless of the time elapsed.Extra-Territorial Jurisdiction
Philippine courts have jurisdiction over OSAEC and CSAEM crimes committed outside the country if:- The perpetrator or victim is a Filipino citizen.
- The act involves a Filipino registered platform or entity.
Support for Victims
The law mandates:- Immediate rescue and rehabilitation of child victims.
- Provision of shelter, counseling, legal, and medical assistance.
- Confidentiality of proceedings to protect the child’s identity and privacy.
Penalties
Penalties range from life imprisonment to fines up to PHP 5 million, depending on the nature and gravity of the offense. Notably:- Live streaming of child abuse materials carries life imprisonment.
- Possession of CSAEM is punishable by imprisonment of up to 20 years.
IV. Duties and Responsibilities
Government Agencies
- The Inter-Agency Council Against Child Pornography (IACACP) is expanded to include OSAEC oversight.
- Agencies like the Department of Justice (DOJ), National Bureau of Investigation (NBI), and Philippine National Police (PNP) are required to develop specialized units for OSAEC investigations.
Private Sector
- Internet service providers must adopt proactive measures, including AI-powered detection systems, to identify and block CSAEM.
- Financial intermediaries must monitor suspicious financial transactions linked to OSAEC.
V. Procedural Mechanisms
Mandatory Reporting
Individuals or entities aware of OSAEC or CSAEM are required to report incidents to law enforcement within 48 hours. Failure to do so is a punishable offense.Real-Time Monitoring
Law enforcement is empowered to conduct real-time surveillance of online communications and transactions, subject to court approval, to detect OSAEC activities.Confidentiality of Proceedings
Strict measures are in place to ensure that the identities of child victims remain confidential during investigations and court proceedings.
VI. Relationship with Other Laws
R.A. No. 9775 (Anti-Child Pornography Act of 2009)
R.A. No. 11930 enhances the penalties under R.A. No. 9775 and introduces modernized mechanisms for addressing the growing prevalence of online exploitation.R.A. No. 7610 (Special Protection of Children Act)
The new law provides a digital dimension to the protection offered by R.A. No. 7610, recognizing the unique vulnerabilities of children online.
VII. Challenges and Enforcement
Coordination
Effective enforcement requires seamless coordination among law enforcement agencies, internet platforms, and international entities due to the transnational nature of OSAEC.Technology Adaptation
Continuous technological advancements necessitate regular updates to detection and prevention tools.Awareness Campaigns
The law emphasizes the importance of education and awareness campaigns to inform communities, especially parents and educators, about the dangers of OSAEC.
VIII. Conclusion
R.A. No. 11930 represents a significant step forward in protecting children from online sexual abuse and exploitation. Its comprehensive framework, stringent penalties, and emphasis on technology-driven solutions align with global standards for child protection. However, its success relies on effective implementation, collaboration among stakeholders, and sustained public awareness efforts.