SEXUAL ABUSE AND EXPLOITATION THROUGH INFORMATION AND COMMUNICATION TECHNOLOGIES: ENSURING ACCOUNTABILITY OF PRIVATE SECTOR ACTORS

Philippines

In Philippines, the Anti-Child Pornography Act of 2009, section 2 (b) seeks to “Protect every child from all forms of exploitation and abuse including, but not limited to: (1) the use of a child in pornographic performances and materials; and (2) the inducement or coercion of a child to engage or be involved in pornography through whatever means. The law defines and prohibits grooming of children for sexual purposes and requires private sector actors, such as Internet Service Providers (ISPs), private business establishments and Internet content hosts, to assist in the fight against child pornography. ISPs have the obligation to notify the Philippine National Police or the National Bureau of Investigation within seven days upon discovery that their servers or facilities are being used to commit child pornography offences. They are also obliged to preserve evidence for use in criminal proceedings. Upon request by law enforcement authorities, they must give details of users who access or attempt to access websites containing child pornography. ISPs must also install programmes or software designed to filter and block child pornography. Additionally, owners and operators and owners or lessors of other business establishments have the responsibility to report child pornography offences within seven days of discovering that their premises are being used to commit such offences. Importantly, the Act also requires appropriate protections for child victims of pornography offences. This includes strict confidentiality in handling evidence, protecting witnesses and assisting in recovery and reintegration.

Malaysia

Malaysia’s Sexual Offences against Children Bill 2017 provides enhanced legal protection for children from sexual abuse and exploitation. The legislation addresses a range of matters, including grooming, offences related to child sexual abuse material, and the presumption that a child is competent to give evidence in relevant proceedings.