PURPOSE OF THE LAW
The Anti-child pornography law of 2009
bids to curb all forms of exploitation and
abuse including, but not limited to:
 The use of a child in pornographic
performances and materials; and
 The inducement or coercion of a child
to engage or be involved in
pornography through whatever
means; and
 Comply with international treaties to
which the Philippines is a signatory or
a state party concerning the rights of
children
DEFINITIONS
A Child is defined as:
(1) Under eighteen (18) years of age;
(2) Regardless of age, a person who is
unable to fully take care of oneself
because of mental disability or
condition;
(3) A person eighteen (18) years of age or
over who is presented, depicted or
believed to be a person under
eighteen (18) years of age; and
(4) Computer generated, digitally created
or manually crafted images or
graphics of a person who is
represented or is made to appear to be
under eighteen (18) years of age.
Child pornography refers to any visual,
written material or audio representation,
whether or not it is made by electronic or
mechanical means, or an actual presentation
of a Child:
(1)Engaged in real or simulated explicit
sexual activity;
a) Sexual intercourse or lascivious -
contact involving genital to
genital, oral to genital, anal to
genital, or oral to anal, whether
between persons of the same or
opposite sex;
b) Bestiality;
c) Masturbation;
d) Sadistic or masochistic abuse;
e) Lascivious exhibition of the
genitals, buttocks, breasts, pubic
area and/or anus; or
f) Use of any object or instrument
for lascivious acts.
(2) Showing his or her sexual parts or anal
region, the dominant characteristic of
which depicts a sexual purpose.
TYPES OF PRESENTATIONS
COVERED UNDER RA 9775:
1) Visual, written material or audio
representation shall include, but not be
limited to, writings and pictures, books,
magazines, billboards, tabloids, comics,
posters, cards, calendars, decals, stickers,
paintings, photographs, television shows,
motion pictures, computer graphics or
any electronic or other means, including
the use of information technology such as
mobile phones and the internet.
2) Actual presentation shall include,
among others, the live performance or
showing of a Child engaged in real or
simulated explicit sexual activity, or the
depiction, for a sexual purpose, of the
sexual parts or anal region of the Child.
UNLAWFUL/PROHIBITED ACTS
a) Hire, employ, use, persuade, induce or
coerce a child to perform in the
creation or production of any form of
child pornography;
b) Produce, direct, manufacture or create
any form of child pornography;
c) Publish, offer, transmit, sell,
distribute, broadcast, advertise,
 promote, export or import any form of
child pornography;
d) Possess any form of child
pornography with the intent to sell,
distribute, publish or broadcast:
Provided that possession of (3) or
more articles of child pornography of
the same form shall be prima facie
evidence of the intent to sell,
distribute, publish or broadcast;
e) Knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to
dens, private rooms, cubicles,
cinemas, houses or in establishments
purporting to be a legitimate business;
f) For film distributors, theaters and
telecommunication companies, by
themselves or in cooperation with
other entities, to distribute any form
of child pornography;
g) For parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of
child pornography;
h) Engage in the luring or grooming of a
child;
i) Engage in pandering of any form of
child pornography;
a. The act of offering,
advertising, promoting,
representing or distributing
through any means, any
material or purported
material that is intended to
cause another to believe that
the material or purported
material contains any form of
child pornography,
regardless of the actual
content
j) Willfully access any form of child
pornography
k) Conspire to commit any of the
prohibited acts
l) Possess any form of child
pornography
WHO MAY FILE A COMPLAINT?
1) The offended party
2) Parents or guardians, ascendant or
collateral relative of the victim within
the 3rd degree of consanguinity
3) Officer or social worker of DSWD
4) Local social welfare development
officer
5) Barangay chairman
6) Any law enforcement officer
7) At least 3 concerned responsible
citizens residing in the place where
the violation occurred
8) Any person who has personal
knowledge of the circumstances of the
commission of any offenses under the
Act
REGULATING INTERNET SERVICE
PROVIDERS/INTERNET CONTENT
HOSTS
RA 9775 imposes certain Duties to Internet
Service Providers (ISP) where the latter
shall:
 Inform 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 using its server or
facility.
Such act also delineates the Duties of an
Internet Content Host, which prescribes
that an Internet content host shall:
 Not host any form of child pornography
on its internet address;
 Within seven (7) days, report the
presence of any form of child
pornography, as well as the particulars of
 the person maintaining, hosting,
distributing or in any manner
contributing to such internet address, to
the proper authorities; and
 Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.

AUTHORITY TO REGULATE
RA 9775 delegated to Local Government
Units (LGUs) the authority to monitor and
regulate Internet cafes, kiosks and similar
establishments within their jurisdiction in
order to prevent violation of the provisions
of the said Act.

JURISDICTION
Family court with territorial jurisdiction
over the place where the offense or any of its
elements was committed

IMMUNITY
 Any person who, acting in good faith,
shall report a case of child pornography
shall be free from any civil or
administrative liability arising therefrom
 Presumption of good faith