Child pornography in the Philippines

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Various groups have taken steps to combat growing commercial sexual exploitation of children and child pornography in the Philippines. In 2016, UNICEF declared that the Philippines is one of the top sources of child pornography. [1]

Contents

UNICEF Manila study

According to a book by Arnie Trinidad entitled Child Pornography in the Philippines published by UNICEF Manila, a prominent case happened in Pagsanjan, Laguna, a rural community South of Manila. The case, according to Trinidad, involved the victimization of 590 children and adolescents aged 7 to 17 years old, by 22 American and European pedophiles who were involved in the production of pornography, drug abuse, and the sexual abuse of children. [2] The study, published in 2005, documents other cases perpetrated by both foreign and local pedophiles and includes in depth analysis of the ongoing problem, in the context of the social, economic and legal environment. [2]

The UNICEF Manila study states that social factors increase the propensity of children to be victimized in pornography. Among these are the commercial sexual exploitation of children, sex tourism, poverty, peer influence, availability of technology, cultural factors, among others. [3]

Convention on the Rights of the Child

In 2003, the Philippines ratified their signing of the United Nations Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; the protocol requires its signatories to recognize child pornography as a crime against children and to treat any act that contributes to production or distribution of child pornography as a criminal offense, within two years of ratification. [4] Although fully compliant comprehensive legislation has not yet been enacted, Philippine law criminalizes the use of children in any aspect of the production or distribution of pornography, defining a "child" as younger than 18 years; and with maximum penalties required if the child involved is younger than 12 years old. [5]

Anti-Child Pornography Alliance

On September 15, 2007, the Children and Youth Secretariat of the Anti-Child Pornography Alliance (ACPA-Pilipinas) in the Philippines launched Batingaw Network "to protect and save children from all forms of abuses and exploitations." It is the largest anti-child pornography movement in the Philippines to date. It declared September 28 as the National Day of Awareness and Unity against Child Pornography. [6]

People vs. Luisa Pineda

The Supreme Court of the Philippines in a judgment by Justice Mario Lopez in G.R. No. 262941 (People v. Luisa Pineda, February, 2024) affirmed the lower courts' rulings that found Luisa Pineda guilty of violating the Anti-Child Pornography Act of 2009 and the Cybercrime Prevention Act of 2012 qualified with the use of a computer system (violation of Sections 4(a), (b), and (c) of Republic Act No. (RA) 9775 or the Anti-Child Pornography Act of 2009, in relation to Section 4(c)(2) of RA 10175 or the Cybercrime Prevention Act of 2012). Pineda was thus sentenced to suffer the penalty of imprisonment of reclusion perpetua, a fine of PHP 2,000,000 and PHP 300,000 in civil damages. [7] [8]

See also

Related Research Articles

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

Operation Predator is an initiative started on July 9, 2003 by U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security, to protect children from sexual predators.

Sexual grooming is the action or behavior used to establish an emotional connection with a minor, and sometimes the child's family, to lower the child's inhibitions with the objective of sexual abuse. It can occur in various settings, including online, in person, and through other means of communication. Children who are groomed may experience mental health issues, including "anxiety, depression, post-traumatic stress, and suicidal thoughts."

<span class="mw-page-title-main">Commercial sexual exploitation of children</span> Commercial transaction that involves the sexual exploitation of a child

Commercial Sexual Exploitation of Children (CSEC) defines the “umbrella” of crimes and activities that involve inflicting sexual abuse on to a child as a financial or personal opportunity. Commercial Sexual Exploitation consists of forcing a child into prostitution, sex trafficking, early marriage, child sex tourism and any other venture of exploiting children into sexual activities. According to the Office of Juvenile Justice and Delinquency Prevention, the lack of reporting the crime and “the difficulties associated with identifying and measuring victims and perpetrators” has made it almost impossible to create a national estimate of the prevalence of Commercial Sexual Exploitation of Children in the United States. There is an estimated one million children that are exploited for commercial sex globally; of the one million children that are exploited, the majority are girls.

<span class="mw-page-title-main">Trafficking of children</span> Form of human trafficking

Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, transfer, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labour, and exploitation. This definition is substantially wider than the same document's definition of "trafficking in persons". Children may also be trafficked for adoption.

<span class="mw-page-title-main">Human trafficking in the Philippines</span>

Human trafficking and the prostitution of children has been a significant issue in the Philippines, often controlled by organized crime syndicates. Human trafficking is a crime against humanity.

Pedophilia is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children. Although girls typically begin the process of puberty at age 10 or 11, and boys at age 11 or 12, psychiatric diagnostic criteria for pedophilia extend the cut-off point for prepubescence to age 13. People with the disorder are often referred to as pedophiles.

Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child, indecent exposure, child grooming, and child sexual exploitation, such as using a child to produce child pornography.

The Anti-Trafficking in Persons Act of 2003, officially designated as Republic Act No. 9208, is a consolidation of Senate Bill No. 2444 and House Bill No. 4432. It was enacted and passed by Congress of the Philippines' Senate of the Philippines and House of Representatives of the Philippines assembled on May 12, 2003, and signed into law by President Gloria Macapagal Arroyo on May 26, 2003. It institutes policies to eliminate and punish human trafficking, especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons. It aims "to promote human dignity, protect the people from any threat of violence and exploitation, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society."

Simulated child pornography is child pornography depicting what appear to be minors but which is produced without their direct involvement.

Child pornography is illegal in most countries, but there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of sexual consent; the definition of "child pornography" itself, for example on the basis of medium or degree of reality; and which actions are criminal. Laws surrounding fictional child pornography are a major source of variation between jurisdictions; some maintain distinctions in legality between real and fictive pornography depicting minors, while others regulate fictive material under general laws against child pornography.

Child pornography is erotic material that depicts persons under the age of 18. The precise characteristics of what constitutes child pornography varies by criminal jurisdiction.

In the Philippines, pornography is not specifically defined in Philippine law, but the Revised Penal Code of the Philippines considers certain acts to be obscene or indecent and these are prohibited as immoral doctrines, obscene publications, indecent shows, or other similar material or portrayals that advocate human immorality, obscenity, and indecency. Philippine legislation penalizes participation in these unlawful activities, and Republic Act No. 7610 extends punishment to those involved in child abuse, child exploitation, child prostitution and discrimination of children.

<span class="mw-page-title-main">UNICEF Philippines</span> Country office of the United Nations Childrens Fund

UNICEF Philippines is one of the many country offices of the United Nations Children’s Fund (UNICEF). Being one of the first UNICEF offices established in Asia, it works to uphold the rights of children in the Philippines, including their right to education, healthcare, and protection from abuse and exploitation. Additionally, it advocates for political change in support of children, and works with partners from the public and private sectors to create change through sustainable programs.

<span class="mw-page-title-main">ECPAT International</span> Global network of organizations against child sexual exploitation

ECPAT International is a global network of civil society organisations that works to end the sexual exploitation of children. It focuses on ending the online sexual exploitation of children, the trafficking of children for sexual purposes, the sexual exploitation of children in prostitution, child, early and forced marriages, and the sexual exploitation of children in the travel and tourism industry.

<span class="mw-page-title-main">Cybercrime Prevention Act of 2012</span> Law in the Philippines

The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines that was approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.

<span class="mw-page-title-main">Magna Carta for Philippine Internet Freedom</span>

The Magna Carta for Philippine Internet Freedom is an internet law bill filed in the Congress of the Philippines. The bill contains provisions promoting civil and political rights and Constitutional guarantees for Philippine internet users, such as freedom of expression, as well as provisions on information and communications technology (ICT) policy, ICT4D, internet governance, e-governance, cybersecurity, cyberwarfare, cyberterrorism, and cybercrime.

Sex trafficking in the Philippines is human trafficking for the purpose of sexual exploitation and slavery that occurs in the Republic of the Philippines. The Philippines is a country of origin and, to a lesser extent, a destination and transit for sexually trafficked persons.

Sex trafficking in Japan is human trafficking for the purpose of sexual exploitation and slavery that occurs in the country. Japan is a country of origin, destination, and transit for sexually trafficked persons.

Cybersex trafficking, live streaming sexual abuse, webcam sex tourism/abuse or ICTs -facilitated sexual exploitation is a cybercrime involving sex trafficking and the live streaming of coerced sexual acts and/or rape on webcam.

References

  1. Villafania, Alexander (8 June 2016). "UNICEF: PH still among top sources of child pornography". ABS-CBN News. Retrieved 12 June 2017.
  2. 1 2 Trinidad, Arnie C. (2005). Child Pornography in the Philippines. Psychosocial Trauma and Human Rights Program UP Center for Integrative and Development Studies and UNICEF Manila. p. 53.
  3. Trinidad, Arnie C. (2005). Child Pornography in the Philippines. Psychosocial Trauma and Human Rights Program UP Center for Integrative and Development Studies and UNICEF Manila. p. 51.
  4. Trinidad, Arnie C. (2005). Child Pornography in the Philippines. Psychosocial Trauma and Human Rights Program UP Center for Integrative and Development Studies and UNICEF Manila. p. 100.
  5. "Legislation of Interpol member states on sexual offences against children - Philippines" (PDF). Interpol. Archived from the original (PDF) on 2009-03-27. Retrieved 2009-08-08.
  6. "Philippines: Catholic church pushes for anti-child porn bill passage - Adnkronos Religion". www1.adnkronos.com. Archived from the original on 4 March 2016. Retrieved 12 June 2017.
  7. Laqui, Ian (February 26, 2024). "SC imposes jail term, P2M fine on child 'pornographer'". The Philippine Star . Retrieved February 26, 2024.
  8. "SC Sentences Child Pornographer to Imprisonment and PHP2 Million Fine". Supreme Court of the Philippines. February 26, 2024. Retrieved February 26, 2024.