In the Philippines, the legal landscape surrounding Child Sexual Abuse Materials (CSAM)—historically referred to in statutes as "child pornography"—is governed primarily by Republic Act No. 9775, otherwise known as the Anti-Child Pornography Act of 2009. This law is complemented by Republic Act No. 10175 (Cybercrime Prevention Act of 2012) and Republic Act No. 11930, which updated and strengthened the mandates against Online Sexual Abuse or Exploitation of Children (OSAEC).
The Philippine state adheres to a policy of "zero tolerance" regarding the exploitation of minors, viewing the creation, distribution, and possession of CSAM as a grave violation of human rights and dignity.
1. The Crime of Distribution and Production
The law distinguishes between those who create/distribute material and those who simply possess it, with the former facing the most severe penalties.
- Production and Dissemination: Any person who produces, directs, publishes, advertises, or distributes CSAM faces the penalty of Reclusion Temporal (12 years and 1 day to 20 years) and a fine ranging from ₱500,000 to ₱1,000,000.
- Syndicates and Large-Scale Exploitation: If the offense is committed by a syndicate (three or more persons) or on a large scale, the penalty is elevated to Reclusion Perpetua (20 to 40 years) and a fine ranging from ₱2,000,000 to ₱5,000,000.
- Internet Service Providers (ISPs): Under R.A. 9775, ISPs have a legal obligation to report the presence of CSAM on their servers and block access to such sites. Failure to do so results in a fine of ₱500,000 to ₱1,000,000.
2. The Crime of Possession
Possession is treated as a distinct criminal act, categorized by the intent and the quantity of the material.
| Type of Possession | Penalty (Imprisonment) | Administrative Fine |
|---|---|---|
| Simple Possession | Prision Mayor (6 years and 1 day to 12 years) | ₱100,000 to ₱250,000 |
| Possession with Intent to Sell/Distribute | Reclusion Temporal (12 years and 1 day to 20 years) | ₱250,000 to ₱500,000 |
Note: Under the law, the mere presence of CSAM on a computer, mobile device, or cloud storage constitutes prima facie evidence of knowledge and possession, unless the contrary is proven.
3. Aggravating Circumstances
Penalties are often applied in their maximum period if certain aggravating circumstances are present:
- The perpetrator is a parent, guardian, or relative of the victim.
- The perpetrator is a public officer or employee (which may also lead to perpetual disqualification from public office).
- The victim is below 12 years of age or has a physical or mental disability.
- The crime is committed via computer systems (invoking the Cybercrime Prevention Act, which generally increases the penalty by one degree).
4. Republic Act No. 11930: The OSAEC Law
Enacted more recently, R.A. 11930 specifically targets the digital aspect of these crimes. It expanded the definition of exploitation to include "live streaming" of abuse.
- Mandatory Reporting: All "intermediaries" (social media platforms, banks, money remittance centers) are now legally required to report suspicious transactions or content related to OSAEC within 48 hours.
- Increased Fines: Fines for non-compliance by corporations can reach up to ₱10,000,000, and their licenses to operate in the Philippines can be revoked.
5. Legal Defenses and Procedures
While the law is stringent, the Philippine justice system recognizes certain procedural safeguards:
- Search and Seizure: Digital evidence must generally be obtained through a Warrant to Disclose Computer Data (WDCD) or a Warrant to Examine Computer Data (WECD) issued by a court.
- Chain of Custody: Due to the volatile nature of digital files, law enforcement must strictly follow forensic protocols to ensure the integrity of the CSAM evidence.
- Lack of Knowledge: A defendant may argue accidental download or "planting" of evidence, though the burden of proof is high given the statutory presumptions in R.A. 9775.
Summary of Penalties
The Philippine legal system treats CSAM as a non-bailable offense in many configurations (especially those involving Reclusion Perpetua). The combination of lengthy prison sentences and multi-million peso fines serves as both a punitive measure and a deterrent against the digital exploitation of children.