Two advocacy groups are calling for stronger measures to curb Online Sexual Abuse and Exploitation of Children, saying that the effort should be integrated among various stakeholders—from the government, private sector, civil society, to the communities and families—as the world commemorates the annual Safer Internet Day webinar held on February 8.
The online streaming event was hosted by Globe in partnership with from UNICEF Philippines, Internet Watch Foundation, CitizenWatch, and Bantay Konsyumer, Kalsada, Kuryente.
“We can only be truly digitally ready if we can guarantee the safety of our online spaces especially for our children,” said Bantay BK3 convenor Professor Louie Montemar in a statement.
“The worsening online abuse and exploitation of children is an alarming development and must be addressed immediately, decisively, and adequately.”
Atty. Tim Abejo, co-convenor of CitizenWatch, a group seeking to protect the interest of Filipino consumers, says there are existing laws against OSAEC, but their implementation and execution should be strengthened by the government with the support of the private sector.
Government collaboration with the private sector, ISPs, social media platforms, and online content providers should be strengthened, so that they are able to actively detect and prevent OSAEC instead of being cowed by fear of violating data privacy and cybersecurity laws.
“ISPs should not be burdened by more regulations or sanctions,” he said. “A system must be put in place where they will be empowered to report OSAEC offenders to the proper authorities.”
All these, he said, should be accompanied by educational or awareness seminars for parents, children, communities, and educational institutions on OSAEC.
A deep, dark problem
“The exponential rise of online activities has created a borderless hunting ground for online criminals who prey on internet users,” said Montemar.
“This has been a problem even before the pandemic; the COVID-driven lockdowns only magnified their prevalence and reach.”
Government revealed last year that transaction reports related to online sexual exploitation rose from 19,000 in 2019 to 47,937 in 2020 when mobility restrictions were imposed to halt the pandemic. The median age of those involved in these transactions is 11.
According to CitizenWatch, the Philippines is a center of child sex abuse materials production in the world, with 80% of Filipino children vulnerable to OSAEC.
Studies have shown OSAEC is usually a family-based crime, where the abuse has persisted for many years. The situation is worsened by economic difficulties brought about by the pandemic where workers have lost their jobs and other means of livelihood.
Other factors include free online connectivity, the widespread use of cellphones, the irresponsible use of technology, and insufficient computer literacy of children and their parents, as well as the myriad online payment facilities now available.
Moreover, some cultural beliefs contribute to the prevalence of OSAEC, such as a) if the children are untouched, they are not harmed; b) OSAEC provides easy money and almost everyone does it; c) children are expected to help the family financially; d) one should not interfere in the affairs of other families; and e) technology is only for the younger generation to learn.
What is worrisome is that OSAEC is committed not in the “deep web,” but on the surface of the internet, through easy-to-access apps and even social media platforms.
A web of laws
There are several existing laws that define and punish OSAEC acts. These laws are the Anti-Child Pornography Act of 2009 (RA 9775); Anti-Trafficking in Persons Act of 2003 (RA 9208, as amended by RA 10364); Cybercrime Prevention Act of 2012 (RA 10175); Child Abuse Law or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610); and the Revised Penal Code.
“As is always the case, however, there is a gap in implementation that allows OSAEC activities to thrive with impunity, victimizing our children,” Abejo said.
Abejo further pointed out that “there are also laws that conflict with the implementation of the above legislation, and which make it difficult for the authorities to go after online predators. They are the Anti-Wiretapping Act, where evidence of OSAEC acts secured through wiretaps is admissible, the Data Privacy Act, which prevents ISPs or social media platforms from releasing the personal information of OSAEC violators, and the Cybercrime Prevention Act which deems unconstitutional the collection of traffic data.”
“We need to propose rules that would exempt OSAEC cases from the Anti-Wiretapping Act, or else these sinister minds would be able to continue their dark deeds unhampered, and even protected by the law. We also need to require financial institutions and remittance centers to act on OSAEC-related transactions,” said Montemar.
“We can do something to prevent these criminals from harming our people, especially our children, from behind a screen. We do not have to bear with these evils as a trade-off with the benefits of technology,” said Montemar.
