OSAEC

Question 1

What is osaec?

Answer 1

Online sexual abuse or exploitation of children (OSAEC) – refers to the use of ICT as a means to abuse and/or exploit children sexually, which includes cases in which offline child abuse and/or exploitation is combined with an online component. This can also include, but is not limited to, the:
a. production, dissemination and possession of CSAEM;
b. online grooming of children for sexual purposes;
c. sexual extortion of children,
d. sharing image-based sexual abuse;
e. commercial sexual exploitation of children;
f. exploitation of children through online prostitution; and
g. live-streaming of sexual abuse, with or without the consent of the victim.

Question 2

What is. Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM)?

Answer 2

Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM) – refers to any representation, whether offline, or by, through or with the use of ICT, by means of visual, video, audio, written, or any combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real
or simulated sexual activities, or depicting acts of sexual abuse or exploitation of a child as a
sexual object. It shall also include materials that focus on the genitalia or other private body parts of a child.

Question 3

What are the requisites for CSAEM?

Answer 3

Requisites:
a. There is a material presenting a child; b. The child is engaged or involved in real or simulated sexual activities, or depicting acts of
sexual abuse or exploitation of a child as a sexual object; or the material focus on the
genitalia or other private body parts of a child;
c. The representation is either offline, or by, through or with the use of ICT, by means of
visual, video, audio, written, or any combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means.

Question 4

What is luring?

Answer 4

Luring – refers to the act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of CSAEM;
Requisites:
a. The offender communicates with a child or some who he/she believes to be a child; b. The communication is by means of a computer system; c. The purpose is to facilitate the commission of sexual activity or production of any form of
CSAEM.

Question 5

What is grooming?

Answer 5

Grooming – refers to predatory conduct, act, or pattern of acts, of establishing a relationship of trust, or emotional connection by another, with a child or someone who is believed to be a child, and/or the family, guardian, and/or caregivers, whether in person or via electronic and other similar devices, for the purpose of perpetrating sexual abuse or exploitation or the production of any form of CSAEM;
Requisites:
a. The offender performs predatory conduct, act, or pattern of acts, of establishing a
relationship of trust, or emotional connection by another;
b. The relationship sought to be established is with a child or someone who is believed to be
a child, and/or the family, guardian, and/or caregivers of the child;
c. It is performed either in person or via electronic and other similar devices;
d. The purpose is to perpetrate sexual abuse or exploitation or the production of any form of
CSAEM.

Question 6

What is pandering?

Answer 6

Pandering – refers to the act of offering, advertising, promoting, representing or distributing through any means any child sexual abuse or exploitation material, or any material that purports to contain any form of child sexual abuse or exploitation material, regardless of its actual content

Question 7

What are prohibited acts under ra 11930?

Answer 7

1To hire, employ, use, persuade, induce, extort, engage, or coerce a child to
perform or participate in whatever way in the creation or production of any form
of OSAEC and CSAEM.

2. To produce, direct, manufacture, facilitate, or create any form of CSAEM, or
   participate in the production, direction, manufacture, facilitation or creation of
   the same.
3. To offer, sell, distribute, advertise, promote, export, or import, by any means, any
   form of CSAEM;
4. To knowingly publish, transmit and broadcast, by any means, any form of CSAEM;
5. To permit or influence the child to engage, participate or assist in any form of
   CSAEM;
6. To produce, direct, create, hire, employ or pay a facilitator to stream or livestream
   acts of child sexual abuse or exploitation;
7. To stream or live-stream acts of, or any form of, child sexual abuse and
   exploitation;
8. To recruit, transport, transfer, harbor, provide, or receive a child or to induce or
   influence the same, for the purpose of violating this Act;
9. To introduce or match a child to a foreign national or to any person for the purpose
   of committing any of the offenses under this Act;
10. For film distributors, theaters and ICT services by themselves or in cooperation
    with other entities, to distribute any form of CSAEM or to facilitate the commission
    of any of the offenses under this Act;
11. To knowingly benefit from, financial or otherwise, the commission of any of the
    offenses of this Act;
12. To provide a venue for the commission of prohibited acts under this section such
    as dens, private rooms, cubicles, cinemas, houses, private homes, or other
    establishments;
13. To engage in the luring or grooming of a child: Provided, That grooming taking
    place offline as a prelude to violations under this Act shall also be penalized;
14. To sexualize children by presenting them as objects of sexual fantasy, or making
    them conversational subjects of sexual fantasies, in any online or digital platform;
15. To engage in pandering as defined under this Act;
16. To willfully subscribe, join, donate to, or support an internet site that hosts OSAEC
    or the streaming or live-streaming of child sexual abuse and exploitation;
17. To advertise, publish, print, broadcast or distribute, or cause the advertisement,
    publication, printing, broadcasting or distribution by any means of any brochure,
    flyer, or any material that promotes OSAEC and child sexual abuse or exploitation;
18. To possess any form of CSAEM: Provided, That possession of three (3) or . more
    CSAEMs is prima facie evidence of the intent to sell, distribute, publish or
    broadcast;
19. To willfully access any form of CSAEM; and
20. To conspire to commit any of the prohibited acts stated in this section.

Question 8

True or false.. The consent of the victim is a valid defense in the prosecution of the unlawful acts prohibited under RA 11930

Answer 8

False. The consent of the victim is not material or relevant and shall not be available as a defense in the prosecution of the unlawful acts prohibited under this Act