February 16th, 2017 | by Balaod Mindanaw
- by Atty. Chieney Aguhob, BALAOD Mindanaw, 2/16/2017
With the on-going debate on the re-imposition of death penalty in the Philippines, the video commonly known as “Daisy’s Destruction” has also been circulating online. It is a video involved in one (1) of the active human trafficking cases and online sexual exploitation cases currently being litigated in court.
Disseminated from peer to peer through group chats and private messaging primarily through the messaging app, Facebook Messenger, copies of the said video have spread across the country and has been accessed and seen even by children.
This disturbing phenomenon is especially alarming because, despite of the warnings given for its graphic and sadistic content (an 18-month old baby being sexually abused), more and more people are eager to access and see the video.
It is important to note that possession and the spreading of this video, and of all other pedophile videos of this nature, is against the law.
Republic Act 9775 otherwise known as “Anti-Child Pornography Act of 2009” defines “Child Pornography” as “any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or simulated explicit sexual activities.” For this purpose, “Explicit Sexual Activity” refers to any sexual intercourse or lascivious act; bestiality; masturbation; sadistic or masochistic abuse; lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or use of any object or instrument for lascivious acts.
As such, the video on “Daisy’s Destruction” is considered a child pornography material.
Section 4, paragraphs (c) and (l) of the same law provides that it is unlawful for any person
- “(c) to publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography” and
- “(l) to possess any form of child pornography”.
Republic Act No. 10175 or the “Cybercrime Prevention Act of 2012” also states that any person who possesses a copy of materials containing child pornography is liable for imprisonment. Under the same law, any person who distributes, that is, to dole out, to give out, to circulate, a copy of the same is liable for imprisonment.
If you know anyone who has a copy of the said video, please inform them that its continued possession is punishable under the law. More so, please ask them to refrain from sending, distributing and circulating a copy thereof to others, whether digitally, electronically or manually, as it is also deemed a criminal offense.
Every time a child pornography gets viewed, the exploitation and abuse of that child continues.
Let us not revel in their suffering. Let us protect our children.
Let us STOP CHILD PORNOGRAPHY!