0% found this document useful (0 votes)
57 views7 pages

Ra 9775

The document outlines the definitions and unlawful acts related to child pornography as per the Anti-Child Pornography Act of 2009, including the responsibilities of internet service providers and mall operators. It details who may file complaints, the duties of various stakeholders, and the functions of the Inter-Agency Council Against Child Pornography. Additionally, it includes multiple-choice questions and answers to assess understanding of the Act.

Uploaded by

jovindagatan65
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
57 views7 pages

Ra 9775

The document outlines the definitions and unlawful acts related to child pornography as per the Anti-Child Pornography Act of 2009, including the responsibilities of internet service providers and mall operators. It details who may file complaints, the duties of various stakeholders, and the functions of the Inter-Agency Council Against Child Pornography. Additionally, it includes multiple-choice questions and answers to assess understanding of the Act.

Uploaded by

jovindagatan65
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 7

Definitions of Terms:

 Child: Refers to persons below 18 years of age or those over 18 who


are unable to care for themselves due to a physical or mental
disability. For the purposes of this Act, it also includes:
o Persons depicted as children, regardless of their actual age.
o Computer-generated images of people appearing to be children.
 Child Pornography: Any visual, audio, or written representation of a
child engaged in real or simulated sexual activities.
 Explicit Sexual Activity: Includes various acts, including:
o Sexual intercourse or lascivious acts (genital-genital, oral-genital,
anal-genital, oral-anal).
o Bestiality.
o Masturbation.
o Sadistic or masochistic abuse.
o Lascivious exhibition of genitals, buttocks, breasts, pubic area, or
anus.
o Use of objects for lascivious acts.
 Internet Address: A website, bulletin board, chat room, newsgroup,
or any other internet or network protocol address.
 Internet Café or Kiosk: An establishment offering public access to
computers for internet, gaming, or related services.
 Internet Content Host: A person hosting internet content in the
Philippines.
 Internet Service Provider (ISP): A person or entity providing
internet carriage services to the public.
 Grooming: Preparing a child for sexual activity or a relationship by
communicating child pornography, including online enticement.
 Luring: Communicating with a child online to facilitate sexual activity
or the production of child pornography.
 Pandering: Offering, advertising, promoting, or distributing material
that is intended to cause another to believe it contains child
pornography, regardless of the actual content.
 Person: Any natural or juridical entity.

Enumerations:
 Unlawful or Prohibited Acts (Section 4):
o Hiring, employing, using, persuading, inducing, or coercing a
child to perform in child pornography.
o Producing, directing, manufacturing, or creating child
pornography.
o Publishing, offering, transmitting, selling, distributing,
broadcasting, advertising, promoting, exporting, or importing
child pornography.
o Possessing child pornography with intent to sell, distribute,
publish, or broadcast (3 or more items is prima facie evidence of
intent).
o Knowingly providing a venue for child pornography activities.
o Distributing child pornography by film distributors, theaters, and
telecommunication companies.
o Knowingly permitting a child to engage in child pornography by a
parent, guardian, or custodian.
o Luring or grooming a child.
o Pandering child pornography.
o Willfully accessing child pornography.
o Conspiring to commit any of the prohibited acts.
o Possessing child pornography.
 Who May File a Complaint (Section 6):
o Offended party.
o Parents or guardians.
o Ascendant or collateral relative within the third degree of
consanguinity.
o Officer, social worker, or representative of a licensed child-caring
institution.
o Officer or social worker of the DSWD.
o Local social welfare development officer.
o Barangay chairman.
o Any law enforcement officer.
o At least three concerned responsible citizens residing in the
place of the violation.
o Any person with personal knowledge of the offense.
 Duties of ISPs (Section 9):
o Notify PNP or NBI within 7 days of discovering child pornography
being committed using their server.
o Preserve evidence for investigation and prosecution.
o Furnish user particulars upon request.
o Install filtering software to block child pornography access.
 Responsibility of Mall Owners/Operators (Section 10):
o Notify PNP or NBI within 7 days of discovering child pornography
on their premises.
o Public display of child pornography is conclusive presumption of
knowledge.
o Disputable presumption of knowledge if they should have known
about the violation.
o Photo developers, IT professionals, credit card companies, banks,
and anyone with direct knowledge must report suspected child
pornography activities within 7 days.
 Duties of Internet Content Hosts (Section 11):
o Not host child pornography on their internet address.
o Report the presence of child pornography and the host's
particulars within 7 days.
o Preserve evidence for investigation and prosecution.
o Furnish user particulars upon request.
 Functions of the Inter-Agency Council Against Child
Pornography (Section 21):
o Formulate plans and programs to prevent and suppress child
pornography.
o Promulgate rules and regulations.
o Monitor and oversee implementation of the Act.
o Coordinate member agency programs.
o Conduct information dissemination campaigns.
o Direct other agencies to respond to problems and report back.
o Assist in filing cases against violators.
o Formulate a program for victim reintegration.
o Secure assistance from government agencies and NGOs.
o Complement the shared government information system on child
abuse.
o Develop mechanisms for effective response to child pornography
cases.
o Recommend measures for international cooperation.
o Adopt measures to protect the rights of foreign child
pornography victims.
o Maintain a database of cases.
o Initiate training programs for identifying and assisting victims.
o Submit an annual report to the President and Congressional
Oversight Committee.
o Exercise other powers necessary to achieve the Act's objectives.

20 Multiple Choice Questions:


1. What is the short title of Republic Act No. 9775?
a) Child Protection Act of 2009
b) Anti-Child Abuse Act of 2009
c) Anti-Child Pornography Act of 2009
d) Child Rights Act of 2009
2. What is the age limit for a "child" under this Act?
a) 16 years old
b) 18 years old
c) 21 years old
d) 25 years old
3. What is considered "child pornography" under this Act?
a) Any depiction of a child in a swimsuit.
b) Any representation of a child engaged in sexual activities.
c) Any image of a child in a suggestive pose.
d) Any photo of a child with an adult.
4. What is "grooming" as defined in the Act?
a) A child's preparation for a school event.
b) The act of preparing a child for sexual activity.
c) The act of taking a child to a public event.
d) The act of teaching a child about sex.
5. Which of the following is NOT an unlawful act under this Act?
a) Possessing child pornography with intent to sell.
b) Producing child pornography.
c) Distributing child pornography.
d) Taking photos of children in a park.
6. Who can file a complaint for child pornography offenses?
a) Only the offended party.
b) Only law enforcement officers.
c) A variety of individuals and entities, including parents, social
workers, and concerned citizens.
d) Only the Department of Social Welfare and Development (DSWD).
7. What court has jurisdiction over child pornography cases?
a) Regional Trial Court
b) Sandiganbayan
c) Supreme Court
d) Family Court
8. What is the penalty for syndicated child pornography?
a) Reclusion perpetua and a fine.
b) Life imprisonment and a fine.
c) Death penalty.
d) Imprisonment for 10 years and a fine.
9. What is the penalty for knowingly possessing 3 or more items
of child pornography?
a) Arresto mayor and a fine.
b) Prision correccional and a fine.
c) Reclusion temporal and a fine.
d) Prision mayor and a fine.
10. What is the responsibility of mall owners/operators under
this Act?
a) To monitor all activities within their premises.
b) To ensure that no child pornography is displayed in their malls.
c) To report suspected child pornography activities to authorities.
d) To install filtering software on all computers in their malls.
11. What is the penalty for an ISP that willfully fails to
comply with the notice requirements under Section 9?
a) Imprisonment for 5 years and a fine.
b) A fine of not less than Php500,000.00.
c) Closure of the ISP's business.
d) Revocation of its license to operate and a fine.
12. What is the role of the Inter-Agency Council Against Child
Pornography?
a) To prosecute child pornography cases.
b) To investigate child pornography cases.
c) To develop and implement programs to prevent and suppress child
pornography.
d) To provide legal assistance to victims of child pornography.
13. What is the purpose of the Congressional Oversight
Committee?
a) To investigate the Inter-Agency Council Against Child Pornography.
b) To monitor and ensure the effective implementation of the Act.
c) To provide funding for the implementation of the Act.
d) To prosecute violators of the Act.
14. What is the main purpose of this Act?
a) To protect the rights of children.
b) To punish violators of child pornography laws.
c) To promote awareness of child pornography.
d) All of the above.
15. What is the proper remedy for a person who disagrees
with a final resolution of the NLTDRA regarding child
pornography?
a) File a petition for certiorari with the Supreme Court.
b) File an appeal with the Court of Appeals.
c) File a complaint with the NBI.
d) File a petition for review with the NLTDRA.
16. What is the penalty for violating Section 13 of the Act,
which deals with confidentiality?
a) Reclusion perpetua and a fine.
b) Prision mayor and a fine.
c) Arresto mayor and a fine.
d) Prision correccional and a fine.
17. What is the role of the DSWD in relation to child
pornography victims?
a) To prosecute the offenders.
b) To provide care, custody, and support for their recovery.
c) To investigate child pornography cases.
d) To provide financial assistance to the victims.
18. What is the effect of the "suppletory application" of the
Revised Penal Code?
a) The Revised Penal Code replaces this Act.
b) The Revised Penal Code is applied only in cases where this Act is
silent.
c) This Act is applied only in cases where the Revised Penal Code is
silent.
d) Both this Act and the Revised Penal Code are applied
simultaneously.
19. What is the penalty for an Internet content host that
willfully fails to remove child pornography from its server
within 48 hours of receiving notice?
a) Arresto mayor and a fine.
b) Prision correccional and a fine.
c) Reclusion temporal and a fine.
d) Conclusive evidence of willful and intentional violation.
20. What is the effectivity date of this Act?
a) 15 days after its approval by the President.
b) 30 days after its approval by the President.
c) 15 days after its complete publication in the Official Gazette or two
newspapers of general circulation.
d) 30 days after its complete publication in the Official Gazette or two
newspapers of general circulation.

Answer Key:
1. c) Anti-Child Pornography Act of 2009
2. b) 18 years old
3. b) Any representation of a child engaged in sexual activities.
4. b) The act of preparing a child for sexual activity.
5. d) Taking photos of children in a park.
6. c) A variety of individuals and entities, including parents,
social workers, and concerned citizens.
7. d) Family Court
8. a) Reclusion perpetua and a fine.
9. d) Prision mayor and a fine.
10. c) To report suspected child pornography activities to
authorities.
11. d) Revocation of its license to operate and a fine.
12. c) To develop and implement programs to prevent and
suppress child pornography.
13. b) To monitor and ensure the effective implementation of
the Act.
14. d) All of the above.
15. b) File an appeal with the Court of Appeals.
16. c) Arresto mayor and a fine.
17. b) To provide care, custody, and support for their
recovery.
18. b) The Revised Penal Code is applied only in cases where
this Act is silent.
19. d) Conclusive evidence of willful and intentional violation.
20. c) 15 days after its complete publication in the Official
Gazette or two newspapers of general circulation.

You might also like