Recommendations for R.A. 9775’s implementing rules and regulations

The Anti-Child Pornography law (Republic Act 9775) was passed on October 13 last year and signed on November 17 by President Gloria Arroyo. The law creates an Inter-Agency Council Against Child Pornography, which is tasked by the law itself with promulgating the implementing rules and regulations of R.A. 9775. The following is the La Salle Institute of Governance’s “Patrolling the Internet” research project’s “Policy Issues and Recommendations” chapter specifically on R.A. 9775:

Policy issues and recommendations on R.A. 9775

The importance of the fight against child pornography, as well as the importance of protecting children against violence, is very often an argument to justify the implementation of Internet control measures. It is often the only justification by governments or private entities which support the implementation of cyberspace regulation (Callanan,et al, 2009). Internet control is often seen as a technical solution to social problems. Since regulating cyberspace will have socio-political and economic impact, it is crucial for the all section of society to participate and engage in a dialogue on who will conduct Internet filtering, what online content will be filtered, and how will a certain content will be filtered.

The promulgation of a law to systematically address child pornography in the Philippines is laudable. It reflects the commitment of the government to protect the rights of the children and to respect international treaties on universal rights. However, the law imposes a threat, intended or unintended, to fundamental civil liberties such as the right to privacy, information and communication.

This threat cannot be attributed to the principle of the law, which aims to protect children. This threat to human rights has become possible because of the lack of a policy agenda and awareness among policy makers on the links between Internet access, freedom and human rights.

Because the R.A. 9775 is just recently signed, the Implementing Rules and Regulations (IRR) have yet to be drafted. It should also be considered that it would be difficult to remove the “filtering” provision since it is already legislated. At the technical level, there is a need to ensure that the filtering has minimum impact on latencies. On the legal aspect, it is necessary to ensure that the filtering and monitoring provisions are not used for any purpose other than violations of the Anti-Child Pornography Law.

Judges and law enforcers should work closely and cooperatively with civil society organizations protecting the rights of women and children and Internet privacy technical experts. In countries where the judicial authority is independent from the legislative and executive department only a judge is allowed to have the competence to declare a piece of content, a situation or an action to be illegal. Vigilance on the part of the private sector and civil society in the implementation of the law should be fostered.

A broader section of society which includes business, academe, Internet Café owners, non-government organizations, and academicians should participate actively in the drafting and updating of the filtering block list and mechanisms. Civil society organizations should be engaged in the implementation of the law from identification of sites to be filtered to prosecution of violators.

Countries such as Finland, Norway, Sweden, Switzerland, United Kingdom, Italy, and Australia have mechanisms for civil society and interest groups to participate and act as watchdogs in the process of identifying sites to filter. In the UK the filtered-list is generated by the Internet Watch Foundation. In Denmark the block-list is generated by National High Tech Crime Centre of the Danish National Police and Save the Children Denmark (2009).

An education and capacity building component should supplement the law enforcement aspect of R.A. 9775. Online-safety knowledge products such as modules for children/ students, teachers, and parents should be developed. Local government units (LGUs), barangay officials, nongovernment organizations/ private organizations, and religious organizations must be capacitated with regard to anti-online child pornography. Training for prosecutors, lawyers, and judges on child protection and Internet privacy issues should be instituted. Incorporation of an online-safety curriculum for all levels of the education system should be a priority.

In terms of law enforcement, strengthening the capacity of government institutions to implement present laws can effectively address proliferation of child pornographic materials. It has been observed that child pornographic materials are easier accessed by the public through purchase of cheap and illegal DVD recordings. Implementation of laws such as Optical Media Board Act, Intellectual Properties Code, and eCommerce Act should be maximized.

Putting Internet Freedom and Human Rights in the policy agenda is a must. Civil society—business, researchers, media and nongovernment organizations should engage with key decision makers and policy communities. Development and dissemination of policy briefs through forums and partnership with the wider public on Internet Freedom are significant activities. –Manila TImes