“We must all do our part to save our children.”
There is a growing scourge in the dark side of the internet that is damaging the lives of Filipino children. The online technologies that have proven to be a lifesaver in this pandemic are being exploited by cyber-pimps that now have a global network of pedophiles to peddle their evil business, creating yet another dimension of this crisis.
According to a 2018 report by the United States National Center for Missing and Exploited Children, there were 579,006 cyber tips received by the Department of Justice Office of Cybercrime “for the online sharing, re-sharing, and selling of child sexual abuse images and videos” in the Philippines.
When the lockdowns were enforced in 2020, these figures increased by 260 percent from 418,422 cyber tips in 2019, making the Philippines a center of child sex abuse and production of lascivious content in the world.
This is the crisis of Online Sexual Abuse and Exploitation of Children (OSAEC) which was the center of concern during the webinar commemorating the annual Safer Internet Day hosted by Globe in partnership with UNICEF Philippines, Internet Watch Foundation (IWF), CitizenWatch, and Bantay Konsyumer, Kalsada, Kuryente (BK3).
In a statement delivered during the online event, consumer advocacy group CitizenWatch Philippines co-convenor Atty. Tim Abejo lamented that in the Philippines, OSAEC is a family-based crime that has persisted for many years. He pointed out that parents who are using their own children have a twisted view that this is not a crime because there is no physical contact and therefore harmless and is easy money. They even impose an obligation to their children to help raise income for the family. They believe that this is strictly a family affair and that no one, not even the government should interfere.
When the government reacts, it imposes regulatory policies that at best will have a temporary effect on the tech-savvy perpetrators of OSAEC who can quickly dodge detection in cyberspace. The convergence of broadband connectivity, online platforms, messaging apps, and e-payment facilities have become a convenient and very efficient playground for the proliferation of OSAEC.
Atty. Abejo pointed out conflicting provisions between the Anti-Child Pornography and the Data Privacy Act and suggested the need for a clear empowerment of ISPs to see the content that their subscribers are uploading or accessing so that instigators of child-pornography, terrorism, disinformation, and piracy, can be detected for immediate action. However, this means allowing ISPs to monitor a user’s online activities to the extent of violating one’s privacy.
Some of these gaps that policy leaders should act on are: Provisions in the Anti-Wiretapping Act where evidence on OSAEC violations secured through wiretapping is deemed inadmissible; the prohibition in the Data Privacy Act on the release of personal information of OSAEC violators by personal data controllers (ex: Internet Service Providers and Social Media platforms) thereby hampering OSAEC investigations; and the Cybercrime Prevention Act where real-time collection of traffic data has been declared unconstitutional hence prohibiting ISPs from sharing OSAEC related traffic data to law enforcement.
To rectify these conflicting laws, CitizenWatch Philippines recommends that to strengthen execution, “government regulators, ISPs, law enforcement, and legislators should establish an integrated framework for responding to OSAEC-related cases.” Furthermore, a clear-cut government center where violations will be reported should be established.
BK3 convenor Prof. Louie Montemar for his part urged the government to collaborate with the private sector and civil society in educating and empowering Filipinos to protect themselves online, and to set in motion an optimal strategy to address the OSAEC problem. The group called on the private sector to educate the stakeholders of their industries on digital citizenship, online safety, and the responsible use of technology.
According to The National Study on Online Sexual Abuse and Exploitation of Children in the Philippines, a joint project of UNICEF and the Department of Social Welfare and Development, poverty is the primary motivation for children and families to get into this situation.
“Older children are promised education or money by foreigners who want their sexual pictures or videos. Younger children are lured into perpetrators’ homes with candies and chocolates.”
“Perpetrators” build trust by “grooming” the targeted children by fostering friendship and nurturing a relationship online then paying for videos or pictures of children which are then sold on the internet. “Facilitators” are usually the parents or relatives who either force or convince to perform sexual acts in front of the web camera and collect payment. Victims as young as 3 months old have been reported.
Fighting OSAEC requires a globally dynamic collaboration unhindered by jurisdiction and legal limitations that are actually playing to the advantage of perpetrators who hold no reverence to the rule of law in their amoral exploits. We must all do our part to save our children from this abominable crime against humanity.
