Justice Undersecretary Emmeline Aglipay-Villar. (File photo)
MANILA – The Department of Justice (DOJ) on Tuesday said among the measures against online sexual abuse of children approved by President Rodrigo Duterte is to certify as priority the move to amend the Anti-Trafficking in Persons Act to impose obligations on internet service providers (ISPs) and tourism establishments to help prevent these acts from happening in their premises.
In a message to reporters, DOJ Undersecretary Emmeline Aglipay-Villar said the present action by ISPs regarding this matter is hampered by technological issues.
“Even with a court order to supply particulars of a user who has accessed child sexual exploitation material (under Section 9 of Republic Act 9775 or the Anti-Child Pornography Act of 2009), ISPs are unable to because they have not installed technology necessary,” she said.
Villar said that the National Telecommunications Commission (NTC) "has already issued a show cause order to ISPs who have violated Section 9 of RA 9775".
Under the law, ISPs are obliged to notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven days from obtaining facts and circumstances that any form of child pornography is being committed using its server or facility.
However, nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person.
An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address that contains any form of child pornography and all ISPs shall install available technology, program or software to ensure that access to or transmittal of any form of child pornography will be blocked or filtered.
Likewise, under the law, mall owners/operators and owners or lessors of other business establishments shall notify the PNP or the NBI within seven days from obtaining facts and circumstances that child pornography is being committed in their premises. (PNA)
