REPUBLIC ACT NO.

9775
Anti-Child Pornography Act of 2009
The Anti-Child Pornography law (Republic Act 9775) was passed on October 13 last
year and signed on November 17 by President Gloria Arroyo..
Among the unlawful acts covered by the law are:
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for a person to commit any of
the following acts:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography and child
pornography materials;
(c) To sell, offer, advertise and promote child pornography and child pornography
materials;
(d) To possess, download, purchase, reproduce or make available child pornography
materials with the intent of selling or distributing them;
(e) To publish, post, exhibit, disseminate, distribute, transmit or broadcast child
pornography or child pornography materials;
(f) To knowingly possess, view, download, purchase or in any way take steps to
procure, obtain or access for personal use child pornography materials; and
(g) To attempt to commit child pornography by luring or grooming a child.

The law provides extensive protection to children, as set forth in the definition of children in
Section 3(a)
Section 3. Definition of Terms. (a) "Children" refers to persons below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or believed to be a
child as defined herein; and
(2) a computer-generated, digitally or manually crafted images or graphics of a
person who is represented or who is made to appear to be a child as defined
herein

The definition of children is broad enough to prevent circumvention of the law

through technological means. The phrase regardless of age obviates the possibility that
adults consenting to engage in pornography may agree to be digitally altered to look like
minors while engaging in sexual conduct.
Moreover, even the depiction of a digitally manufactured child engaged in sexual
behavior will not exempt the violator from criminal liability. Any imagery conjured by a
perverted mind once digitized and posted is also a violation of the law. A 9775 applies even
if the porn trafficked or distributed are cartoon images of children 1

1 http://lawandict.blogspot.com/2009/12/criminal-law-notesobservations-on-ra.html

Section 3. Definition of Terms

(b) Child pornography" refers to any public or private representation, by

whatever means, of a child engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a child for primarily
sexual purposes.
(g) "Internet content host" refers to a person who hosts or who proposes to
host Internet content in the Philippines.
(h) "Internet service provider (ISP)" refers to a person or entity that supplies,
or proposes to supply, an Internet carriage service to the public.
The liability under the law is not only limited to the cyber pornographer. Criminal liability
also attaches to officers or owners of Internet Service Providers, Internet Content Hosts, the
Internet Cafes or kiosks.
In addition, all operators and business establishments have to know and report
to the police within seven days any violation of the act in their premises.
Internet Service Providers must reveal, when asked by the police, the identities of the
offenderstheir clients trying to access child pornography over the Internet through their
servers.
Section. 23. Extradition. - The DOJ, in consultation with the Department of Foreign
Affairs, shall endeavor to include child pornography among extraditable offenses
in future treaties.