Child Pornography in the Philippines

A paper presented to
Dr. Maria Divina Gracia Roldan
Political Science Department
De La Salle University Manila

In partial fulfillment of the requirements for

Submitted by:
SAHAGUN, Arabella Katrina
SEVILLA, Maria Lucita B.
SUBIDO, Mary Beatrice F.
VALDERRAMA, Gabriel Cyan
YGOÑA, Veronica Joy O.
I. Introduction

Former United Nations Secretary-General Kofi A. Annan (2000) wrote, “There is no trust

more sacred than the one the world holds with children. There is no duty more important than

ensuring that their rights are respected, that their welfare is protected, that their lives are free

from fear and want and that they grow up in peace.” (p. 1). As highlighted by the United Nations

Convention on the Rights of the Child, there is a universal push for the protection of children and

their welfare - to which 196 countries are party to the treaty, which includes all UN member nations

with the exception of Somalia and the United States (Child Rights International Network [CRIN],

n.d.). Thus as a member state of the UN, the Philippines must enact specific legislation, create

mechanisms, and implement a range of programs and measures that ensure the protection and the

acknowledgement of the rights of those under the legal age of 18 years old. The Convention also

requires that member states continuously report the current status of children’s rights in their home

country, as a means of monitoring improvements and ensuring that the treaty is applicable in

catering to the needs of the current time and dynamic global situations (CRIN, n.d.)

There exist a number of fairly advanced enacted Philippine laws crafted specifically for the

protection of women and children. From the years 2000 to 2009, numerous legislation were passed

including those specifically designed to combat child abuse and pornography such as the Republic

Act No. 9208 or the Anti-Trafficking in Persons Act in 2003, Republic Act No. 9775 or the Anti-

Child Pornography Act of 2009, and the Republic Act No. 9745 or An Act Penalizing Torture and

Other Cruel, Inhuman and Degrading Punishment (Save the Children, 2011). However amidst the

existence of such laws and initiatives, cases of child pornography in the Philippines has been

reported to be increasing in severity - especially with the increased access to global communication

through the Internet. A statement released by the United Nations International Children's
Emergency Fund (UNICEF) notes the Philippines as the top source for child pornography around

the world, as well as the “epicenter of the live-stream sexual abuse trade” (UNICEF, The Manila

Times, 2016). Furthermore, UNICEF officials have noted that the Philippines has over 7,000 cases

of cyber crimes per month - with approximately half of these cases relating to the sexual abuse of

children online (The Manila Times, 2016).

Despite the increased number of legislation passed and enacted on the issue of child

protection - especially laws protecting Filipino children from the dangers of child pornography

and sexual abuse, the Philippines presently continues to face such problems. Thus, this paper aims

to assess the status of such rulings and the contributions of certain programs designed to combat

the issue of child pornography, as well as to suggest policy recommendations to further increase

the effectiveness of these initiatives for the betterment not only of the affected Filipino children,

but also the country as a whole.

II. Discussion

Although the Philippines is currently making advances in economic development, 25

percent of the population still live under the international poverty line of US$1.25 per day (End

Child Prostitution, Child Pornography and Trafficking of Children [ECPAT], n.d.). Poverty is the

most common component that contributes to the Commercial Sexual Exploitation of Children

(CSEC) (ECPAT, n.d.). There are approximately 1.5 million street children residing in Manila

alone (ECPAT, n.d.). For this reason, children are at a higher risk to fall victim to all forms of

CSEC, one of which is child pornography. The International Centre for Missing and Exploited

Children (ICMEC) (2012), defines child pornography as, at a minimum but not limited to, the

graphic representation or depiction of a child taking part in a real or simulated sexual exhibition,

act, or performance. The Philippines is currently ranked as the number one global source of child
pornography according to the United Nations International Children's Emergency Fund (UNICEF)

(The Manila Times, 2016). Lotta Sylwander, head of UNICEF in the Philippines, once reported

that it has become a billion-dollar business in the country (The Manila Times, 2016). According

to Chief Superintendent Rodolfo Mendoza Jr., there are about 50 to 75 cyber-sex dens operating

in the Philippines (Philippine Recovery, Empowerment, and Development Assistance [PREDA],

2006). In addition, most of the offenders operating these dens are foreigners that collaborate with

Filipinos in acquiring Filipino children for child pornography (ECPAT, n.d.). The Department of

Labor and Employment, DOLE, (2013) has recorded that there are 3.21 million children engaged

in child labor. However, 2.99 million of these children are working in hazardous labor, which

includes child pornography or other forms of CSEC. In 2009, the Department of Social Welfare

and Development (DSWD) reported 25 female-victims and 22 male-victims of child pornography

(ECPAT, 2011). On the other hand, it has been estimated that there are 1 million pornographic

photos of children on the Internet while 200 new photos are posted everyday (UNICEF, 2009). In

addition, it has been reported that a single child pornographic material receives millions of hits a

month (UNICEF, 2009). These are the contemporary facts about child pornography cases in the

Philippines. The need for a comprehensive and inclusive law that specifies on the protection of

children who are exploited in commercial sex became imminent because of this worsening

situation. Thus, the Anti-Child Pornography Act of 2009 RA 9775 was enacted by the Senate and

House of Representatives.

UNICEF and its partners, particularly the Anti-Child Pornography Alliance (ACPA),

campaigned to the former Arroyo Administration to pass the said act. UNICEF funded studies of

the Council for the Welfare of Children (CWC) and the Philippine National Police (PNP) confirm

that child pornography syndicates have already and continue to operate in the Philippines
(UNICEF, 2009). In May 2009, UNICEF began ‘Silence is Acceptance’, an awareness campaign

against child pornography which was done in cooperation with NGOs, as well as both public and

private sector organizations (UNICEF, 2009). The goal of the campaign was to urge lawmakers to

prioritize children by passing the RA 9775 (UNICEF, 2009). After several years, the Anti-Child

Pornography Act of 2009 RA 9775 was passed to law and remains to be one of the major successes

of the ACPA, as well as Children’s Rights supports in the Philippines.

Republic Act 9775 or “An Act Defending the Crime of Child Pornography, Prescribing

Penalties Therefor and for Other Purposes” is an act that recognizes the important role of the youth

in the development of the country and protects the rights of the children. The act states that it is

unlawful to use a child in any way to perform or be involved in sexual acts. It states that it is

unlawful to create or distribute child pornography and/or to possess child pornography. The act

requires Internet Service Providers, Mall Owners, Business Owners, and Internet Content Hosts to

report any form of violations of this act that is being committed under their servers or facilities to

expand their surveillance for violating this act. Local Government Units (LGUs) are authorized to

regulate Internet cafes in the municipality to be able to monitor the usage of these services. Any

person found guilty of these offenses receive corresponding penalties such as the penalty of

reclusion perpetua and a fine of not less than 2 million pesos but not more than 5 million pesos.

The Department of Social Welfare and Development (DSWD) and LGUs shall make sure that the

child involved will receive emergency shelter or appropriate housing, counseling, free legal

services such as filing complaints, medical and psychological services, livelihood and skills

training, and educational assistance to be able to guide the victims to live a normal and happy life

as much as possible.
 Additionally, Republic Act 7610 or “An Act Providing for Stronger Deterrence and Special

Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes” is an

act that protects children from all forms of abuse, neglect, cruelty exploitation, discrimination and

other conditions that are a hindrance to their development. Children will be given this protection

in line with the First Call for Children as declared by the United Nations Convention of the Rights

of the Child. The act also covers children of indigenous cultural communities and children in

situations of armed conflict. The State will interfere on behalf of the child when their parent,

guardian, or person who has custody of the child fails or is unable to protect the child against abuse

or when the abusive acts are done so by the parent, guardian, or person who has custody of the

child. The act covers offenses such as Child Prostitution and Other Sexual Abuse, Child

Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. A

comprehensive program will be formulated by the Department of Justice (DOJ) and Department

of Social Welfare and Development (DSWD) in coordination with other public and private

agencies to protect children. Additionally, the act requires a non-formal education that can

integrate learning process in the most efficient way to children who were not able to finish

elementary or secondary. The act includes guides for the employment of children below 15 years

in fields such as family business under the supervision of the parents given that the child is not

exposed to endangerments that will affect them physically, emotionally, and mentally or

entertainment through cinema, theater, radio and television. Further, sanctions will be given to

Establishments and Enterprises that contribute or have involvement in any of the offenses stated

in this act. Any person found guilty of these offenses receive corresponding penalties such as

paying fines and an appropriate amount of time in prison.

Strategic Framework Plan for Development for Children” (2000-2025). The objective of this

initiative was “to eliminate sexual abuse and commercial sexual exploitation” (EPCAT, n.d.). The

framework plan is mainly dedicated to rendering services to children who were victimized by

abuse, violence, and exploitation. It also aims to prevent instances of child pornography and

trafficking. The Strategic Plan of Action against Trafficking of 2011-2016 is divided into three

parts; prevention, protection, and recovery, repatriation and reintegration. From these distinct

divisions, the government takes action in each section.

According to the United States Department of Labor’s Bureau of International Labor

Affairs (2016), in 2015, the Philippine government participated and funded in numerous social

programs to address the issue of child labor generally, aiming to eradicate or prevent it. As

mentioned earlier, child pornography is categorized as child labor by the CSEC. The “Conditional

Cash Transfer Program”, or the 4Ps, provides poor families with conditional grants for health care,

nutrition, and education accessibility. In 2013, DSWD stated that an increase in enrollment among

3-11 year olds and higher attendance in school by 6-17 year olds has resulted. The government

also stated that more than 300,000 beneficiaries of the 4Ps graduated from high school in 2015

(CNN Philippines, 2015).

Programs by the DOLE include the “Child Labor Prevention and Elimination Program”

and the “Campaign for Child-Labor Free Barangays”. Both focus initiatives on raising awareness

regarding child labor through the use of campaigns. The “Livelihood for Parents of Child Laborers

(Kasama program)” gives livelihood assistance to the immediate family and relatives of a child

laborer. “Project Angel Tree” gives supplies such as school materials, shoes, and bags to child

laborers. In cooperation with the collaboration of DOLE, National Tripartite Council, and Sugar
Industry, the “Social Amelioration Program (SAP) sugar workers are given ash bonuses, social

protection, livelihood, and education.

DSWD introduced a program to provide help for victims of human trafficking, “Recovery

and Reintegration Program for Trafficked Persons”, which provides them with basic. The program

is also partnered with the National Referral System to improve coordination to agencies to continue

providing services to the victims.

The Department of Education (DepEd) launched the “Alternative Learning System

Program” that provides non-formal education to out-of-school children, which includes child

laborers. However, resources are limited as the program only receives 1 percent of the DepED

budget. Also, for every 24 communities, there is only 1 teacher, making it inaccessible for many

Filipino children. (U.S. Department of Labor’s Bureau of International Labor Affairs, 2016)

III. Conclusion and Policy Recommendation

It is the duty and responsibility of the current generation of Filipino citizens to protect the

lives of the future generation. This protection includes aspects such as showing consideration for

children’s rights, safeguarding their welfare, and ensuring they lead lives without fear in peaceful

environments. In accordance with the United Nations Convention on the Rights of the Child, the

Philippines is entrusted to lay down laws and create programs with the singular goal of protecting

the rights of those falling below the age of 18 years.

Thus far, the Philippine government has been successful in the aspect of passing legislation

with the aim of child protection, as evidenced by laws such as: Republic Act No. 9208 or the Anti-

Trafficking in Persons Act of 2003; Republic Act No. 9775 or the Anti-Child Pornography Act of

2009; and Republic Act No. 9745 or An Act Penalizing Torture and Other Cruel, Inhuman and
Degrading Punishment. However, according to an article published by Manila Bulletin, “arrested

pedophiles in the past were able to post bail and continue with their criminal activities because of

the loopholes not only in the existing laws but also in the judicial system where corruption is

known to exist.” (Rosario, 2015)

The American Psychiatric Association’s Diagnostic and Statistical Manual defines

pedophilia as, “recurrent, intense, sexually arousing fantasies, sexual urges or behaviors involving

sexual activity with a prepubescent child.” It is considered an illness, and it is treated as such. At

present, the Philippines does not have any programs that target pedophiles, who are the root cause

of various forms of sexual child abuse, including trafficking, pornography, and prostitution.

Programs such as DSWD’s Recovery and Reintegration Program for Trafficked Persons were

structured to treat the after-effects of abuse. In that sense, it does not aid the prevention or

elimination of sexual child abuse.

In the United States for example, child sexual abusers are incarcerated however they are

released after 11 years on average. According to Cloud (2013), active pedophiles who are placed

in treatment programs available around the US pose less of a threat to society rather than those

who are imprisoned for a period of time then released. Thus, it would be ideal in the Philippines

as well to have available treatment facilities, rather than just imprisonment when dealing with child

sexual abusers. Another possible long-term solution to this issue can be a program modeled after

Germany’s Prevention Project Dunkelfeld or the “Dark Field” project. McGuinness (2015)

describes Project Dunkelfeld as a treatment form of behavioral therapy that examines past sexual

behaviors and feelings, as to come up with action plans in order to avoid potentially abusive

situations in the future. The range of strategies that can be provided through Project Dunkelfeld

can range from simple advice, such as never being alone with a child, or more complicated methods
involving the modification of attitudes and behaviors (e.g. explaining to the patient that sexual

contact with a child can never be consensual). Strategies such as this program aim to eliminate the

threat of potential perpetrators rather than addressing the problem after the abuse has already taken

place.

The realization and protection of children’s basic human rights are not only important

responsibilities of the state, but also of society on all levels - whether this be within the family,

within schools, or within communities. Though human rights apply to all people regardless of age,

children are often times more vulnerable and are still in the process of developing as individuals,

thus in a sense they require more protection than adults. Safeguarding the rights of children to

grow and lead lives in safe and nurturing environments is crucial in the development of a nation,

as the children of today will be further contributing to society later on in their lives. Ensuring the

protection of the rights of children today provides an avenue to end further abuses in the future,

guaranteeing that Filipino children, especially the poor, will one day be safe from the threat of

child pornography and sexual abuse that hamper their growth and development, not only as

individuals, but as members of Philippine society.

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Department of Justice. (15 March, 2015). Philippines 2014-2015 cybercrime report the rule of
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