8/7/2019 Special Penal Laws: Child Pornography

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8/7/2019 Special Penal Laws: Child Pornography

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hosting of any form of child pornographyon its internet address

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failure to report the presence of any formof child pornography, as well as theparticulars of the person maintaining,hosting, distributing or in any mannercontributing to such internet address, tothe proper authorities within 7 days

failure to preserve such evidence forpurposes of investigation and prosecutionby relevant authorities

12. willful and intentional failure by an internetservice provider

9to comply with the notice and

installation requirements under Sec. 9

failure to notify the PNP or NBI within 7days from from obtaining facts andcircumstances that any form of childpornography is being committed using itsserver or facility

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failure to preserve such evidence forpurpose of investigation and prosecutionby relevant authorities

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failure to install vailable technology,program or software to ensure that accessto or transmittal of any form of childpornography will be blocked or filtered

13. willful and intentional12

failure by a mall

owner/operator, owner /lessor of other

7refers to a person who hosts or who proposes to host internet

content in the Philippines.

8refers to a website, bulletin board service, internet chat room

or news group, or any other internet or shared network protocoladdress

9refers to a person or entity that supplies or proposes to supply,

an internet carriage service to the public.

10Nothing 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. NoISP shall be held civilly liable for damages on account of anynotice given in good faith in compliance with this section.

11An ISP shall, upon the request of proper authorities, furnish

the particulars of users who gained or attempted to gain accessto an internet address which contains any form of childpornography.

12Public display of any form of child pornography within their

premises is a conclusive presumption of the knowledge of themall owners/operators and owners or lessors of other businessestablishments of the violation of this Act. A disputablepresumption of knowledge by mall owners/operators and

business establishments, photo developer/ ITprofessional/credit card company/bank, or any

person who has direct knowledge to notify thePNP or NBI within 7 days [Sec. 10]

14. violation of the right to privacy of the childduring investigation, prosecution, trial [Sec. 13]

SYNDICATED CHILD PORNOGRAPHY

[SEC. 5]

The crime of child pornography is deemedcommitted by a syndicate if carried out by a groupof 3 or more persons conspiring or confederatingwith one another.

AGGRAVATING CIRCUMSTANCES [SEC.

16]

If the offender is a parent, ascendant,guardian, step-parent or collateral relativewithin the third degree of consanguinity oraffinity or any person having control or moralascendancy over the child, the penaltyprovided herein shall be in its maximumduration.

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The penalty provided for in this Act shall beimposed in its maximum duration if theoffender is a public officer or employee.

IMPOSITION OF PENALTY WHEN

OFFENDER IS A JURIDICAL PERSON

[SEC. 16]

If the offender is a juridical person, the penaltyshall be imposed upon the owner, manager,partner, member of the board of directors and/orany responsible officer who participated in thecommission of the crime or shall have knowinglypermitted or failed to prevent its commissions

owners or lessors of other business establishments shouldknow or reasonably know that a violation of this Act is beingcommitted in their premises.

13Not applicable to Sec. 4(g): for a parent, legal guardian or

person having custody or control of a child to knowingly permitthe child to engage, participate or assist in any form of childpornography