The Department of Social Welfare and Development (DSWD) and other government and non-government agencies signed on Tuesday the implementing rules and regulations (IRR) of Republic Act (RA) 9775 or the Anti-Child Pornography Act of 2009, paving the way for its full implementation.

DSWD Acting Secretary Celia Capadocia-Yangco said the Anti-Child Pornography Act provides additional protection for Filipino children below 18 years old against the use of technology as medium of pornography among the youth.

Yangco earlier said the passage of the Anti-Child Pornography Act is considered a milestone legislation as it protects the rights and welfare of children, a sector that is most vulnerable to abuse and exploitation.

A child also refers to a person who may be above 18 years old but unable to fully take care of, or protect himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

Child pornography, as defined by law, refers to any representation, whether visual, audio, or written combination, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or simulated explicit sexual activities.

The law, which was signed by President Arroyo on Nov. 17, 2009, provides the establishment of the Inter-Agency Council against Child Pornography (IACACP), which will be headed by the DSWD Secretary, to coordinate, monitor, and oversee the implementation of the Act.

Members of the Council are the Department of Justice, Department of Labor and Employment, Department of Science and Technology, Philippine National Police, Commission on Human Rights, Commission on information and Communications Technology, National Telecommunications Commission, Council for the Welfare of Children, Philippine Center for Transnational Crimes, Optical Media Board, National Bureau of Investigation, and three representatives from children's non-government organizations.

The Council will also assist in the filing of cases against individuals, agencies, institutions or establishments that violate the provisions of the Act.

It is also tasked to recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral arrangements to prevent and suppress any form of child pornography.

Under the law, the possession, making, distribution, display, and the attempt to access or transmit on the internet or by cellphone any illegal images depicting sexual activity with or of children or their private parts is prohibited.

Local government units (LGUs) are tasked to monitor and regulate the establishment and operation of internet cafes and kiosks or similar establishments, and conduct education and information campaigns to prevent and suppress child pornography.

The IRR seeks all Internet service providers (ISPs) and mall or business establishment owners or operators to notify the PNP or the NBI within seven days from obtaining facts and circumstances that any form of child pornography is being committed using its server or facility.

Other national government agencies that will assume specific roles and responsibilities are the Department of Foreign Affairs, Department of Interior and Local Government, Department of Tourism, Department of Education, Department of Health, Department of Transportation and Communication, Bureau of Immigration, Philippine Commission on Women, Overseas Workers Welfare Administration, Philippine Information Agency, and Technical Education and Skills Development Authority (TESDA).

Any person found guilty of syndicated child pornography shall suffer the penalty of reclusion perpetua and a fine of not less than P2 million but not more than P5 million.

Lesser penalties and years of imprisonment shall be meted for violators of any of the provisions of the Act.

Meanwhile, the ISP found guilty of willfully and knowingly failing to comply with the notice and installation requirements shall suffer the penalty of a fine of not less than P500,000 but not more than P1 million or the first offense.

In the case of subsequent offense, the penalty shall be a fine of not less than P1 million but not more than P2 million and revocation of its license to operate.