Legal definitions
In the Philippines, a “child” is a person under the age of 18 years old or over the age of 18 but unable to care for or protect themselves from abuse or exploitation. The legal age of consent for sexual activity in the Philippines is 16 years old, but children who are at least 13 years old can engage in sexual activity with someone no more than 3 years older than the minor.
“Child sexual exploitation,” “child sexual abuse,” “child pornography or CSAM” (which is also referred to as “child sexual abuse or exploitation material,” or “CSAEM”) and “grooming” are explicitly defined in relevant statutes. The definition of “sexual activity” is analogous to what is referred to elsewhere as “sexually explicit conduct.” “Sextortion” is not specifically defined, but it is included in the definition of “image-based sexual abuse.”
Regulatory requirements/recommendations
Online platforms, also called internet intermediaries, are broadly required to “develop, establish and install mechanisms or measures designed to prevent, detect, respond or report” various types of online child sexual exploitation. However, those obligations are subject to conditions that “may be in accordance with the global best practices” and compatibility with the services offered. Online platforms seem to have significant discretion to determine how to comply with those requirements. Online platforms are required to “immediately” (within 24 hours) block, remove, or take down CSAEM upon receipt of notice from a competent authority. Online platforms are required to report certain information to the Philippine Department of Justice, with exceptions related to foreign entities subject to other jurisdictions’ data disclosure limitations and reporting obligations.
Age verification requirements/recommendations
Online platforms are not required to implement any method of age verification before a user can access their services. However, Republic Act 11930 requires a government study of age verification technology to support potential rules and regulations governing the adoption of an anonymous age verification process. Once the study is published and relevant rules and regulations are issued, online providers of adult content will be required to comply.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services.
Legal remedies for child victims
Legal remedies for child victims are available in the Philippines. Online platforms are required to stop CSAM publication and block access to or remove the internet address upon notice from a competent governmental authority. While not specifically targeted at child exploitation crimes, preliminary injunctions are a standard remedy in Philippine courts, and there is a sex offender registry.
Victims may recover a variety of damages from civil actions raised within a criminal action. Multiple government agencies are required to provide a variety of services to victims to support their recovery, rehabilitation, and reintegration into the mainstream of society. However, a victim is not entitled to notification when an offender is arrested for distributing CSAM in which the victim is depicted.
"Safety by Design" requirements
Online platforms are required to include certain aspects (such as those addressed in “Regulatory requirements/recommendations Regulatory requirements/recommendations” above) of “Safety by Design” prior to a platform’s launch. If a platform does not comply, it may be fined as much as ₱3,000,000 and its operating license may be revoked.