Amended Anti-online Sexual Abuse of Exploitation of Children (Osaec) and (Cseam) Act of 2025

Schate Office of the Secretary 25 DEC -9 P6:10 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 10 84 SENATE S.B. No. 1588 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT AMENDING REPUBLIC ACT NO. 11930 ENTITLED "AN ACT PUNISHING ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN, PENALIZING THE PRODUCTION, DISTRIBUTION, POSSESSION AND ACCESS OF CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS" EXPLANATORY NOTE The Philippines has long carried the reputation of being the global center of online sexual abuse or exploitation of children (OSAEC) and child sexual abuse or exploitation materials (CSAEM), owing to the sheer scale of victims and facilitators operating within its borders. Alongside this reality, however, the country is uniquely Through strengthened positioned to lead the global fight against offenders. investigations, prosecutions, and systematic information-sharing, the Philippines can play a pivotal role in combatting OSAEC and CSAEM. Findings from the International Justice Mission's Scale of Harm study underscore the magnitude of the crisis: in 2022 alone, nearly 500,000 Filipino children were trafficked to generate new CSAEM-equivalent to one out of every 100 children nationwide. Complementing this, the Disrupting Harm in the Philippines study by ECPAT, Interpol, and UNICEF Innocenti reveals that one in five Filipino adolescents aged 12 to 17 who use the internet have endured severe forms of online sexual abuse or exploitation. These include coercion through financial inducements, threats of blackmail, and the non-consensual distribution of intimate images. The National Center for Missing & Exploited Children (NCMEC) further highlights the urgency of the situation. In 2024 alone, the Philippines ranked second globally in cybertipline reports, recording 1,721,249 cases-surpassed only by India, a country with a population more than ten times larger. Such figures demand immediate and decisive action. Republic Act No. 11930, or the Anti-OSAEC and CSAEM Act is indeed a landmark step in criminalizing these heinous offenses. However, practical experience

since its enactment has exposed critical legal, implementation and operational gaps that need to be addressed. This proposed measure seeks to amend RA 11930 to better respond to the evolving nature of OSAEC and CSAEM. It emphasizes the critical role of internet intermediaries in the prevention, detection, disruption and reporting, while affirming the authority of regulators to impose enforceable child-protection standards. It also reinforces the responsibilities of learning institutions in safeguarding children within schools and learning environments; strengthens the NCC-OSAEC-CSAEM and its Secretariat with enhanced powers and resources; and institutionalizes PICACC as the permanent hub for international coordination and evidence exchange for incidents and cases with a foreign nexus. The amendments under this proposed measure, thus, aim to address existing gaps by clarifying obligations, establishing accountability mechanisms, and ensuring lawful, efficient information-sharing across government and private sectors. Designed to be technology-neutral and forward-looking, this bill anticipates emerging threats by mandating periodic risk assessments, regulator-issued standards, and updates to implementing rules and regulations. The overarching goal really is to establish a unified, enduring framework where justice sector actors and the private sector act in concert-preventing OSAEC and CSAEM at the earliest stages, accelerating lawful evidence handling, improving victim protection, and ensuring perpetrators and facilitators are held fully accountable. Given the scale and utmost importance of protecting children from online sexual abuse or exploitation, the swift passage of this measure is strongly urged. stella saraful RISA HONTIVEROS Senator

Schate Office of the secretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES DEC -9 P6:11 First Regular Session SENATE RECEIVED BY S.B. No. 1588 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT AMENDING REPUBLIC ACT NO. 11930 ENTITLED "AN ACT PUNISHING ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN, PENALIZING THE PRODUCTION, DISTRIBUTION, POSSESSION AND ACCESS OF CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Amended Anti-Online

Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act of 2025.

Section 2. Section 2 of Republic Act No. 11930 is hereby amended to read as follows:

"Section 2. Declaration of Policy xxxx XXXX (D) COMPLY AND ALIGN WITH INTERNATIONAL TREATIES AND CONVENTIONS CONCERNING CYBERCRIMES TO WHICH THE PHILIPPINES IS A SIGNATORY, INCLUDING, BUT NOT LIMITED TO, THE CONVENTION ON CYBERCRIME (BUDAPEST •CONVENTION), UNITED NATIONS CONVENTION AGAINST CYBERCRIME AND THEIR APPLICABLE PROTOCOLS RECOGNIZING THAT OSAEC IS PRIMARILY A CYBERCRIME THAT TRANSCENDS BORDERS AND WHICH NECESSITATES TIMELY AND LAWFUL CROSS-BORDER COOPERATION AND SHARING OF INFORMATION; (E) Ensure the right of children to useful, meaningful and safe access to digital technologies that will provide knowledge and develop their understanding of civil, political, cultural, economic and social rights and help them achieve their potential to be empowered,

responsible, law-abiding citizens, with the end in view of protecting them from any form of violence online; and (F) Provide paramount consideration to the interests of children in all actions affecting them, whether undertaken by public or private social welfare institutions, courts of law, executive agencies, law enforcement agencies, local government units (LGUs), legislative bodies, and private business enterprises especially those related to the online safety and protection of children. (G) RECOGNIZE THAT ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN AND CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS ARE NOT ONLY VIOLATIONS OF CHILDREN'S RIGHTS BUT ALSO CONSTITUTE A SERIOUS THREAT TO NATIONAL SECURITY, SOCIAL COHESION, AND PUBLIC HEALTH, GIVEN THEIR LONG-TERM PSYCHOLOGICAL, EMOTIONAL, AND SOCIO-ECONOMIC IMPACT ON CHILDREN, FAMILIES, AND COMMUNITIES, AND THE TRANSNATIONAL, ORGANIZED, AND RECURRING NATURE OF THESE OFFENSES. (H) ENSURE THAT INTERNET INTERMEDIARIES, TECHNOLOGY PLATFORMS, PAYMENT SYSTEM PROVIDERS, LEARNING INSTITUTIONS, AND OTHER COVERED ENTITIES EXERCISE A HEIGHTENED DUTY OF CARE TOWARDS CHILDREN BY ADOPTING CHILD-PROTECTION STANDARDS, SAFETY-BY-DESIGN PRINCIPLES, AGE- APPROPRIATE SAFEGUARDS, AND PROMPT MEASURES TO PREVENT, DETECT, REPORT, AND DISRUPT OSAEC AND CSAEM, WHILE ENABLING CHILDREN'S SAFE, MEANINGFUL, AND PRODUCTIVE USE OF DIGITAL TECHNOLOGIES. (I) INSTITUTIONALIZE A WHOLE-OF-GOVERNMENT AND WHOLE-OF-SOCIETY RESPONSE THROUGH A PERMANENT NATIONAL COORDINATION MECHANISM AGAINST OSAEC AND CSAEM, ENSURING CLEAR ROLES, EFFECTIVE INFORMATION-SHARING, JOINT OPERATIONS, AND DATA-INFORMED POLICYMAKING AMONG NATIONAL GOVERNMENT AGENCIES, LOCAL GOVERNMENT UNITS, LAW PROSECUTION OFFICES, ENFORCEMENT, REGULATORS, CIVIL SOCIETY, THE PRIVATE SECTOR, AND INTERNATIONAL PARTNERS."

Section 3. Section 3 of Republic Act No. 11930 is hereby amended to read as follows:

"Section 3. Definition of Terms. - As used in this Act:

(a) Child refers to a person below eighteen (18) years of age, OR THOSE EIGHTEEN YEARS (18) OF AGE or over, but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of physical, mental, intellectual, or sensory disability or condition. For purposes of this Act, a child shall also refer to: (1.) A person, regardless of age, who is presented, depicted, or portrayed as a child as defined herein; and (2.) ANY COMPUTER-GENERATED, DIGITALLY OR MANUALLY CREATED, OR OTHERWISE SYNTHETIC IMAGE, REPRESENTATION, OR GRAPHIC WHICH DEPICTS, PURPORTS TO DEPICT, OR IS MADE TO APPEAR TO BE A CHILD, WHETHER REALISTIC, STYLIZED, OR CARICATURED, INCLUDING CONTENT OR CREATED, ENHANCED, SUBSTANTIALLY MODIFIED USING AUTOMATED TOOLS SUCH AS ARTIFICIAL INTELLIGENCE OR INCLUDING MACHINE-LEARNING SYSTEMS, SYNTHETIC MEDIA AND SO-CALLED 'DEEPFAKE' CONTENT, REGARDLESS OF WHETHER ANY REAL CHILD WAS INVOLVED IN ITS CREATION. (b.) Child sexual abuse xxxx (c.) Child sexual abuse or exploitation material (CSAEM) refers to any, representation, whether offline, or by, through, or with the use of ICT, by means of visual, video, audio, written, data, 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 ACTIVITY AS DEFINED IN SECTION 3(BB) OF THIS ACT; or that depicting acts of sexual abuse or exploitation of a child; or that focuses on the genitalia, ANUS, BREASTS or other private body parts of a child FOR SEXUALIZATION, WHETHER OR NOT NUDITY IS COMPLETE. For purposes of this Act, SAEM may interchangeably be referred to as CSAM; FOR CLARITY, SAEM INCLUDES MATERIAL THAT IS COMPUTER-GENERATED, DIGITALLY OR MANUALLY CRAFTED, ALTERED, SYNTHESIZED, OR OTHERWISE TECHNOLOGY-DRIVEN, IN WHOLE OR IN PART, DEPICTING A CHILD AS DEFINED IN SECTION 3(A) OF THIS ACT, WHETHER OR NOT IT IS BASED ON THE IMAGE, LIKENESS, OR DATA OF AN ACTUAL CHILD.

(d.) Child sexual exploitation xxxx (e.) Competent authority refers to law enforcement AGENCIES, GOVERNMENT ENTITIES VESTED WITH AUTHORITY TO INVESTIGATE OFFENSES, GOVERNMENT ENTITIES WITH PROSECUTORIAL FUNCTIONS, COURTS, REGULATORS, or the National Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM) SECRETARIAT; (f.) Computer xxxx (g.) Computer data xxx (h.) Content data xxx (i.) FIRST-PERSON PRODUCED CSAEM (PREVIOUSLY CALLED SELF-GENERATED SAEM) REFERS TO ANY CSAEM THAT IS CREATED, PRODUCED, CAPTURED, OR RECORDED WITH THE PARTICIPATION OR APPARENT INITIATIVE OF A CHILD, WHETHER MADE USING THE CHILD'S OWN DEVICE, ACCOUNT, OR ANY OTHER MEANS, INCLUDING WHERE SUCH PARTICIPATION RESULTS FROM GROOMING, LURING, MANIPULATION, COERCION, INTIMIDATION, DECEPTION, INDUCEMENT, PERSUASION, ABUSE OF AUTHORITY, MISUSE OF ICT, OR SEXUAL EXTORTION. THE USE OF THIS TERM DOES NOT IMPLY THAT THE CHILD CONSENTED TO, OR IS RESPONSIBLE FOR, THE ABUSE OR EXPLOITATION; (i.) GROOMING" refers to ANY DELIBERATE ACT, REPEATED ACT, SERIES OF ACTS, OR ANY FORM OF COMMUNICATION, WHETHER DONE IN PERSON OR THROUGH INFORMATION AND COMMUNICATIONS TECHNOLOGY, DIRECTED AT A CHILD OR A SOMEONE WHO IS BELIEVED TO BE A CHILD; OR THE CHILD'S PARENT, GUARDIAN, OR CAREGIVER, AND INTENDED TO BUILD TRUST, GAIN ACCESS, EXERT INFLUENCE, OR ESTABLISH CONTROL OVER THE CHILD AND/OR SUCH PARENT, GUARDIAN, OR CAREGIVER FOR ANY OF THE FOLLOWING PURPOSES, WHETHER OR NOT SUCH PURPOSE IS EXPLICITLY STATED IN THE ACTS OR COMMUNICATIONS: (1.) PERPETRATING OR FACILITATING CHILD SEXUAL ABUSE OR EXPLOITATION; (2.) PRODUCING, CREATING, DISSEMINATING, OR TRANSMITTING ANY FORM OF CHILD SEXUAL

ABUSE OR EXPLOITATION MATERIAL (CSAEM); (3.) NORMALIZING SEXUAL CONVERSATIONS, CONDUCT, OR CONTENT INVOLVING OR DIRECTED AT THE CHILD, OR (4.) ARRANGING, ATTEMPTING TO ARRANGE, OR FACILITATING IN-PERSON OR REAL-TIME CONTACT, MEETINGS, OR ENCOUNTERS WITH THE CHILD, WHERE, HAVING REGARD TO THE ACTS OR COMMUNICATIONS AND THE CIRCUMSTANCES IN WHICH THEY OCCUR, THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH CONTACT IS INTENDED FOR ANY OF THE FOREGOING PURPOSES. FOR PURPOSES OF THIS ACT, GROOMING IS DEEMED COMMITTED UPON THE PERFORMANCE OF ANY SUCH ACT, EVEN IF NONE OF THE FOREGOING PURPOSES IS ACHIEVED, NO SEXUAL ACTIVITY OCCURS, AND NO SUBSEQUENT ABUSE OR EXPLOITATION TAKES PLACE. (k.) Image-based sexual abuse OF A CHILD (ISA) refers to a form of technology-facilitated sexual violence AGAINST A CHILD, WHETHER COMMITTED AS A SINGLE ACT OR AS PART OF A PATTERN OF CONDUCT, THAT INVOLVES the NON- CONSENSUAL RECORDING, CAPTURING, creation, USE, SHARING, TRANSMISSION, PUBLICATION, OR distribution OR OF, or threats to SHARE, TRANSMIT, distribute, PUBLISH, ANY nude or sexual TEXT, AUDIO, IMAGE, VISUAL REPRESENTATION, OR VIDEO OF A CHILD AS DEFINED IN SECTION 3(A) OF THIS ACT. ISA INCLUDES, BUT IS NOT LIMITED TO, SEXUAL EXTORTION AND the use of artificial intelligence, MACHINE- LEARNING SYSTEMS, OR OTHER TECHNOLOGIES TO PRODUCE, construct, MANIPULATE, SYNTHESIZE, OR OTHERWISE GENERATE CSAEM, INCLUDING DIGITALLY deepfake, LIVE- MANIPULATED, AI-GENERATED, SYNTHETIC, OR OTHER SIMILAR TECHNOLOGY-DRIVEN CSAEM, WHETHER OR NOT BASED ON THE IMAGE, LIKENESS, OR DATA OF AN ACTUAL CHILD. (I.) Information and communications technology (ICT) xxxx (m.) Internet address xxx (n.) Internet asset REFERS TO ANY IDENTIFIABLE DIGITAL

RESOURCE THAT IS ACCESSIBLE ON OR THROUGH THE INTERNET OR AN INTERNET-CONNECTED NETWORK, INCLUDING, BUT NOT LIMITED TO, AN INTERNET SITE, DOMAIN NAME, UNIFORM RESOURCE LOCATOR (URL), INTERNET PROTOCOL (IP) ADDRESS OR RANGE, SERVER, ACCOUNT, APPLICATION, PAGE, PROFILE, CHANNEL, GROUP, LISTING, STORAGE LOCATION, OR DEVICE OR NODE PARTICIPATING IN A PEER-TO-PEER OR OTHER DISTRIBUTED NETWORK. FOR PURPOSES OF THIS ACT, THE TERM COVERS ANY SUCH INTERNET ASSET THAT IS USED, OR REASONABLY SUSPECTED OF BEING USED, TO COMMIT, FACILITATE, OR TRANSMIT VIOLATIONS OF THIS ACT. (o.) (n) Internet café or kiosk xxx (p.) (0) Internet hotspot xxx (q.) Internet intermediaries refers to ANY NATURAL OR JURIDICAL PERSON THAT PROVIDES INFRASTRUCTURE OR SERVICES WHICH ENABLE USERS TO ACCESS, TRANSMIT, ROUTE, CACHE, HOST, STORE, SHARE, DISSEMINATE, INDEX, SEARCH FOR, OR OTHERWISE MAKE AVAILABLE THIRD-PARTY CONTENT, PRODUCTS, SERVICES, OR APPLICATIONS ON OR THROUGH THE INTERNET. THE TERM INCLUDES, AMONG OTHERS: (1.) Internet service providers AND OTHER INTERNET ACCESS PROVIDERS; (2.) Web hosting providers, including domain name registrars, CLOUD STORAGE AND FILE-SHARING SERVICES, AND CONTENT-DELIVERY NETWORK (CDN) SERVICES; (3.) Internet search engines and WEB portals; (4.) E-commerce intermediaries, INCLUDING ONLINE MARKETPLACES AND PLATFORMS THAT FACILITATE THE OFFER, LISTING, OR SALE OF THIRD-PARTY GOODS OR SERVICES; (5.) Internet payment system providers and OTHER ONLINE PAYMENT INTERMEDIARIES THAT PROCESS OR ROUTE PAYMENT INSTRUCTIONS RELATING TO

THIRD-PARTY WITHOUT TRANSACTIONS, PREJUDICE TO THEIR CLASSIFICATION AND OBLIGATIONS AS PAYMENT SYSTEM PROVIDERS (PSPs) UNDER THIS ACT; (6.) Participative network platform providers, including social media CONTENT-SHARING OTHER PLATFORMS, VIDEO-SHARING SERVICES, ONLINE FORUMS, RATING OR REVIEW PLATFORMS, MESSAGING OR COMMUNITY SERVICES THAT SUPPORT USER-GENERATED CONTENT, AND ONLINE GAMES OR VIRTUAL WORLDS WITH USER-GENERATED CONTENT OR COMMUNICATIONS BETWEEN USERS; STORES AND DIGITAL (7.) APPLICATION APPLICATION MARKETPLACES THROUGH WHICH USERS ACCESS OR OBTAIN INTERNET- CONNECTED APPLICATIONS OR SERVICES; AND (8) OTHER ENTITIES PERFORMING MATERIALLY SIMILAR FUNCTIONS. "INTERNET INTERMEDIARY" COVERS ANY NATURAL OR JURIDICAL PERSON THAT DESIGNS, DEVELOPS, OPERATES, CONTROLS, PROVIDES, OR MAKES SUCH SERVICES OR FACILITIES AVAILABLE IN OR INTO THE PHILIPPINES, WHETHER OR NOT IT HAS A PHYSICAL PRESENCE IN THE COUNTRY. (r.) Internet service provider (ISP) xxxx (s.) Internet site xxx (t.) 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 THE production, CREATION OR TRANSMISSION of any form of CSAEM; (u.) Online sexual abuse or exploitation of children (OSAEC) refers to ANY CONDUCT IN WHICH INFORMATION AND COMMUNICATIONS TECHNOLOGIES (ICT) ARE USED AS AN INSTRUMENT, VENUE, OR MEANS TO SEXUALLY ABUSE AND/OR EXPLOIT A CHILD. THIS CAN ALSO INCLUDE CASES IN which offline child SEXUAL abuse and/or exploitation is combined with an ICT COMPONENT.

This can include, but is not limited to, THE USE OF ICT AS AN INSTRUMENT, VENUE, OR MEANS TO COMMIT THE FOLLOWING: (1.) Production, CREATION, PROCUREMENT, SOLICITATION, DISTRIBUTION, ADVERTISING, OFFERING, ACCESS, SALE, VIEWING, LIVESTREAMING, OR possession OF CSAEM; (2.) Grooming AND LURING OF A CHILD AS DEFINED IN SECTIONS 36) AND 3(t) OF THIS ACT; (3.) SEXUAL EXTORTION OF A CHILD AS DEFINED IN

SECTION 3(dd) OF THIS ACT;

(4.) PANDERING AS DEFINED IN SECTION 3(v) OF THIS ACT; (5.) PROSTITUTION OF A CHILD; AND (6.) SEXUALIZATION OF A CHILD. (v.) Pandering xxxx (w.) Participative network platform xxx (x.) Payment system provider (PSP) refers to ANY NATURAL OR JURIDICAL PERSON THAT OWNS, OPERATES, MANAGES, OR PROVIDES A PAYMENT SYSTEM OR PAYMENT SERVICE, WHICH ENABLES THE TRANSFER, EXCHANGE, ACCEPTANCE, ACQUISITION, PROCESSING, STORAGE, OR SETTLEMENT OF MONETARY VALUE, WHETHER IN FIAT CURRENCY, CRYPTOCURRENCY, OR OTHER DIGITAL ASSET, CONDUCTED ONLINE OR OFFLINE, AND DOMESTIC OR CROSS-BORDER. THE TERM INCLUDES, WHETHER DIRECTLY OR THROUGH A TECHNOLOGICAL PLATFORM: (1.) BANKS, NON-BANK FINANCIAL INSTITUTIONS (NBFI); (2.) ELECTRONIC MONEY ISSUERS (EMIS), DIGITAL E-WALLET MONEY SERVICE BUSINESSES, OPERATORS, REMITTANCE AND TRANSFER AGENTS; (3.) MERCHANT ACQUIRERS, PAYMENT GATEWAYS

AND PROCESSORS, CARD ISSUERS, CARD NETWORKS, AND CLEARING OR SWITCH OPERATORS; (4.) OPERATORS OF PAYMENT SYSTEMS (OPS), AND VIRTUAL ASSET SERVICE PROVIDERS (VASPS) WHEN PERFORMING PAYMENT OR TRANSFER FUNCTIONS; (5.) ANY OTHER ENTITY THAT, BY THE NATURE OF ITS ACTIVITIES, PERFORMS EQUIVALENT PAYMENT, CLEARING, OR SETTLEMENT FUNCTIONS. AN ENTITY THAT OFFERS, MARKETS, OR MAKES SUCH PAYMENT SERVICES AVAILABLE IN OR INTO THE PHILIPPINES, WHETHER OR NOT IT HAS A PHYSICAL PRESENCE IN THE COUNTRY, SHALL BE DEEMED A PSP UNDER THIS ACT. (y.) Person xxx (z.) PROSTITUTION REFERS TO ANY ACT, TRANSACTION, SCHEME OR DESIGN INVOLVING THE USE OF A PERSON BY ANOTHER, FOR SEXUAL INTERCOURSE OR LASCIVIOUS CONDUCT IN EXCHANGE FOR MONEY, PROFIT, OR ANY OTHER CONSIDERATION. (aa.) REGULATOR - REFERS TO ANY GOVERNMENT AGENCY, BODY, DEPARTMENT, BUREAU, OFFICE, INSTRUMENTALITY, COMMISSION, OR AUTHORITY EMPOWERED BY THIS ACT OR OTHER RELEVANT LAW TO, REGULATE, ADMINISTER, OR ADJUDICATE MATTERS AFFECTING SUBSTANTIAL RIGHTS AND INTERESTS OF PRIVATE PERSONS AND ENTITIES COVERED BY THIS ACT. (bb.) Sexual activity xxx (сc.) Sexualization of a child refers to ANY ACT, WHETHER COMMITTED OFFLINE OR THROUGH ICT, BY WHICH A PERSON USES, PORTRAYS, REPRESENTS, DIRECTS, OR CAUSES A CHILD TO BE USED, PORTRAYED, OR REPRESENTED, IN A MANNER THAT A REASONABLE PERSON, HAVING REGARD TO THE CONTEXT AND CIRCUMSTANCES, WOULD REGARD AS PRIMARILY SEXUAL IN NATURE, FOR THE SEXUAL AROUSAL, GRATIFICATION, OR SEXUALIZED ENTERTAINMENT OF ANY PERSON, even if there is no PHYSICAL CONTACT,

ACTUAL SEXUAL INTERCOURSE, OR DISPLAY OF NUDITY OR PRIVATE PARTS. THIS DEFINITION DOES NOT INCLUDE LEGITIMATE MEDICAL, EDUCATIONAL, THERAPEUTIC, OR LAW- ENFORCEMENT ACTIVITIES THAT ARE REASONABLY NECESSARY, PROPORTIONATE, AND CONDUCTED IN AN APPROPRIATE AND PROFESSIONAL MANNER, AND NOT UNDERTAKEN FOR THE SEXUAL AROUSAL, GRATIFICATION, OR SEXUALIZED ENTERTAINMENT OF ANY PERSON. (dd.) SEXUAL EXTORTION (PREVIOUSLY REFERRED TO AS "SEXTORTION") OF A CHILD REFERS TO ANY ACT WHEREBY A PERSON, THROUGH DECEIT, GROOMING, MANIPULATION, INDUCEMENT, ENTICEMENT, PERSUASION, SOLICITATION, COERCION, INTIMIDATION, THREAT, ABUSE OF AUTHORITY, MISUSE OF IMAGES OR PERSONAL DATA, OR MISUSE OF INFORMATION COMMUNICATIONS TECHNOLOGIES, KNOWINGLY DEMANDS, OBTAINS, OR ATTEMPTS TO DEMAND OR OBTAIN FROM A CHILD OR ANY MEMBER OF THE CHILD'S FAMILY, ANY OF THE FOLLOWING: (1.) ANY CHILD SEXUAL ABUSE OR EXPLOITATION INCLUDING SELF- MATERIAL (CSAEM), GENERATED SAEM BY THE CHILD; (2.) THE PERFORMANCE BY THE CHILD OF ANY SEXUAL ACT OR SEXUAL ACTIVITY WHETHER LIVE, STREAMED, RECORDED, OR IN PERSON; (3.) ANY MONETARY, PROPRIETARY, OR OTHER BENEFIT; OR (4.) ANY OTHER ACT OF COMPLIANCE DEMANDED OR IMPOSED BY THE OFFENDER, BY THREATENING TO PRODUCE, CREATE, ALTER, SYNTHESIZE, SHARE, TRANSMIT, PUBLISH, OR OTHERWISE DISSEMINATE ANY NUDE OR SEXUAL TEXT, CONVERSATION, AUDIO, IMAGE, VISUAL REPRESENTATION, VIDEO, LIVESTREAM, OR OTHER CSAEM, WHETHER AUTHENTIC, ALTERED, OR WHOLLY FABRICATED, INVOLVING OR PURPORTING TO INVOLVE A CHILD AS DEFINED IN SECTION 3(A) OF THIS ACT, WHETHER OR NOT SUCH MATERIAL IN FACT EXISTS AT

THE TIME OF THE THREAT. FOR THE AVOIDANCE OF DOUBT, SEXUAL EXTORTION OF A CHILD INCLUDES THREATS TO DISCLOSE OR DISSEMINATE TECHNOLOGY-GENERATED CSAEM, INCLUDING DIGITALLY MANIPULATED, AI-GENERATED, DEEPFAKE, OR LIVE-SYNTHETIC CSAEM, BY WHATEVER NAME OR FORM IT MAY HEREAFTER BE KNOWN, WHETHER OR NOT SUCH MATERIAL IS BASED ON THE IMAGE, LIKENESS, OR DATA OF AN ACTUAL CHILD. SEXUAL EXTORTION OF A CHILD IS LIKEWISE COMMITTED WHERE THE PERSON FROM WHOM ANY CSAEM, SEXUAL ACT, MONETARY OR OTHER BENEFIT, OR ACT OF COMPLIANCE IS DEMANDED IS ALREADY OF LEGAL AGE AT THE TIME OF THE EXTORTION, IF THE CSAEM OR MATERIAL USED OR THREATENED TO BE USED FOR SUCH EXTORTION WAS PRODUCED, CREATED, OR OBTAINED WHEN SUCH PERSON WAS A CHILD AS DEFINED IN SECTION 3(a) OF THIS ACT. FOR PURPOSES OF THIS PROVISION, "FAMILY" REFERS TO THE CHILD'S RELATIVES BY CONSANGUINITY OR AFFINITY UP TO THE SECOND DEGREE. (ee.) SOLICIT REFERS TO ANY REQUEST, COMMAND, PERSUASION, INDUCEMENT, ENTICEMENT, ENCOURAGEMENT, PROPOSAL, OR ADVERTISEMENT FOR, OR OFFER OF ANY CONSIDERATION (WHETHER MONETARY OR NON-MONETARY) TO ANOTHER PERSON —DIRECTLY OR INDIRECTLY, PUBLICLY OR PRIVATELY, IN PERSON OR THROUGH ANY MEANS OF ICT COMMUNICATION OR TECHNOLOGY, INCLUDING TECHNOLOGY PLATFORMS SOFTWARE USABLE OFFLINE-TO PERFORM AN ACT. (ff.) Streaming xxx (gg.) Subscriber's information or Registration information xxxx (nh.)SUPPLEMENTARY LEARNING AND YOUTH ACTIVITY CENTER REFERS TO ANY PUBLIC OR PRIVATE ESTABLISHMENT, FACILITY, ORGANIZATION, OR PROGRAM THAT PROVIDES INSTRUCTIONAL, RECREATIONAL, DEVELOPMENTAL, OR SKILLS-BASED ACTIVITIES FOR CHILDREN OR YOUTH OUTSIDE THE FORMAL BASIC OR HIGHER EDUCATION SYSTEM.

THIS INCLUDES, BUT IS NOT LIMITED TO, TUTORIAL OR REVIEW CENTERS, ENRICHMENT OR LEARNING HUBS, SPORTS, ARTS, OR MUSIC CLINICS, COMPUTER OR LANGUAGE CENTERS, SUMMER CAMPS, AFTER-SCHOOL PROGRAMS, COMMUNITY YOUTH CENTERS, LIBRARIES WITH LEARNING PROGRAMS, AND SIMILAR VENUES WHERE MINORS PARTICIPATE IN SUPERVISED ACTIVITIES EITHER PHYSICALLY OR ONLINE. FOR PURPOSES OF THIS ACT, SUCH CENTERS ARE DEEMED CHILD-RELATED INSTITUTIONS AND ARE SUBJECT TO THE CHILD PROTECTION, REPORTING, AND PREVENTION OBLIGATIONS PROVIDED HEREIN. (ii.) TECHNOLOGY PLATFORMS REFER TO ANY SOFTWARE APPLICATION, DIGITAL SERVICE, OR INTEGRATED HARDWARE-SOFTWARE SYSTEM WHICH IS DESIGNED AND MADE AVAILABLE TO USERS TO ENABLE THEM TO CREATE, GENERATE, CAPTURE, EDIT, STORE, PROCESS, TRANSMIT, SHARE, PUBLISH, DISTRIBUTE, RECOMMEND, ORGANIZE, OR OTHERWISE INTERACT WITH DIGITAL CONTENT, COMMUNICATIONS, OR DATA, WHETHER OPERATING ONLINE OR OFFLINE AND WHETHER NETWORK-CONNECTED OR STAND-ALONE. FOR PURPOSES OF THIS ACT, THE TERM INCLUDES, AMONG OTHERS: (1.) OPERATING SYSTEMS AND DEVICE ENVIRONMENTS, AND APPLICATION STORES OR DIGITAL MARKETPLACES THROUGH WHICH USERS OBTAIN OR UPDATE APPLICATIONS AND DIGITAL SERVICES; (2.) USER-FACING APPLICATIONS AND SERVICES THAT SUPPORT USER-GENERATED CONTENT OR COMMUNICATIONS, INCLUDING SOCIAL MEDIA AND CONTENT-SHARING SERVICES, MESSAGING AND FILE-TRANSFER APPLICATIONS, ONLINE FORUMS, AND GAMES OR VIRTUAL WORLDS WITH USER-GENERATED CONTENT OR COMMUNICATIONS BETWEEN USERS; (3.) CONTENT-GENERATION AND EDITING TOOLS, INCLUDING IMAGE, AUDIO, AND VIDEO EDITING SOFTWARE, GENERATIVE ARTIFICIAL INTELLIGENCE (AI) MODELS AND SYSTEMS, AND OTHER TOOLS CAPABLE OF PRODUCING OR MANIPULATING REALISTIC VISUAL, AUDIO, OR

TEXTUAL REPRESENTATIONS OF A CHILD; AND (4.) CLOUD HOSTING SERVICES, CONTENT-DELIVERY NETWORKS, AND SOFTWARE DEVELOPMENT KITS OR APPLICATION PROGRAMMING INTERFACES (SDKs/APIs) THAT PROVIDE MATERIALLY SIMILAR FUNCTIONALITY TO THE FOREGOING OR EMBED SUCH FUNCTIONALITY INTO THIRD- PARTY SERVICES. IT COVERS ANY NATURAL OR JURIDICAL PERSON THAT DESIGNS, DEVELOPS, OPERATES, CONTROLS, PROVIDES, OR MAKES SUCH PLATFORM AVAILABLE IN OR INTO THE PHILIPPINES, WHETHER OR NOT IT HAS A PHYSICAL PRESENCE IN THE COUNTRY; Gj.) Traffic data xxx (kk.) Web hosting provider xxx"

Section 4. Section 4 of Republic Act 11930 is hereby amended to read as follows:

"Section 4. Unlawful or Prohibited Acts. - Regardless of the consent of the child, it shall be unlawful for any person to commit the following acts through online or offline means or a combination of both: (a.) To SOLICIT, hire, employ, use, persuade, induce, extort, engage, MAINTAIN, or coerce a child to perform or participate in ANY MANNER in the creation, production, OR PERFORMANCE of any form of SAEM; (b.) To produce, direct, manufacture, facilitate, or create any form of CSAEM, or participate in the production, direction, manufacture, facilitation or creation of the same; (c.) To offer, sell, distribute, advertise, promote, export, or import, by any means, any form of CSAEM; (d.) To knowingly publish, transmit and broadcast, by any means, any form of CSAEM; (e.) To permit or influence the child to engage, participate or assist in any form of CSAEM; (f.) To produce, direct, create, hire, employ or pay a facilitator to stream or livestream acts of child sexual abuse or exploitation;

(g.) To stream or live-stream acts of, or any form of, child sexual abuse and exploitation; (h.) To recruit, transport, transfer, harbor, provide, or receive a child or to induce or influence the same, for the purpose of violating this Act; (i.) 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; (i-) 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; (k.) TO OFFER, ADVERTISE, OR MAKE AVAILABLE ANY CHILD FOR PROSTITUTION TO ANOTHER PERSON BY, THROUGH, OR WITH THE USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT). THE CHILD BEING OFFERED FOR PROSTITUTION BY, THROUGH, OR WITH THE USE OF ICT SHALL BE CONSIDERED AS A VICTIM AND NOT AS AN OFFENDER. THE CHILD VICTIM SHALL BE ACCORDED THE NECESSARY TREATMENT AND SERVICES UNDER THIS ACT AND IN EXISTING LAWS. FOR PURPOSES OF THIS PARAGRAPH, THE OFFENSE IS LIKEWISE COMMITTED WHERE THE PERSON REPRESENTED, ADVERTISED, OR MADE AVAILABLE AS A CHILD IS IN FACT AN ADULT OR WHERE NO ACTUAL CHILD EXISTS, PROVIDED THAT THE OFFENDER REPRESENTS, PRESENTS, OR OTHERWISE HOLDS OUT SUCH PERSON OR PURPORTED PERSON AS A CHILD, AS DEFINED IN THIS ACT, FOR PURPOSES PROSTITUTION. PROVIDED, THAT NOTHING IN THIS PARAGRAPH SHALL PREVENT THE APPLICATION OF THE NON-PUNISHMENT OR NON-PENALIZATION PRINCIPLE IN FAVOR OF A PERSON WHO, AT THE TIME OF THE ACT, IS A VICTIM OF TRAFFICKING IN PERSONS OR OTHER FORMS OF EXPLOITATION, AS RECOGNIZED UNDER APPLICABLE LAW, AND SUCH PERSON MAY AVAIL OF THE APPROPRIATE RECOVERY, REINTEGRATION, AND PROTECTION PROGRAMS AND SERVICES UNDER

APPLICABLE LAW AND ITS IMPLEMENTING RULES AND REGULATIONS. (I.) TO PROCURE, SOLICIT, OR PAY FOR THE SEXUAL SERVICES OF A CHILD WHO IS OFFERED, ADVERTISED, OR MADE AVAILABLE FOR PROSTITUTION BY, THROUGH, OR WITH THE USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT), WHETHER OR NOT THE ACT OF SEXUAL EXPLOITATION IS CONSUMMATED. FOR PURPOSES OF THIS SECTION, THE OFFENSE IS COMMITTED REGARDLESS OF THE CONSENT OR APPARENT CONSENT OF THE CHILD OR OF ANY INTERMEDIARY, AND WHETHER MONETARY OR NON- MONETARY CONSIDERATION, FAVOR, OR BENEFIT IS GIVEN, PROMISED, OR RECEIVED IN EXCHANGE FOR THE SEXUAL ACT OR THE OPPORTUNITY TO COMMIT SUCH ACT. THE OFFENSE UNDER THIS PARAGRAPH IS LIKEWISE COMMITTED WHERE THE PERSON OFFERED, ADVERTISED, OR MADE AVAILABLE AS A CHILD IS IN FACT A LAW ENFORCEMENT OFFICER OR ANOTHER ADULT POSING AS A CHILD, OR WHERE NO ACTUAL CHILD EXISTS, PROVIDED THAT THE OFFENDER BELIEVES OR HAS REASON TO BELIEVE THAT A CHILD, AS DEFINED IN THIS ACT, IS BEING OFFERED OR MADE AVAILABLE FOR PROSTITUTION. (m.) TO SOLICIT OR ATTEMPT TO SOLICIT, AS DEFINED IN

SECTION 3(ee), ANY PERSON - INCLUDING A LAW

ENFORCEMENT OFFICER POSING AS A CHILD OR AS A PARENT OR GUARDIAN OF A CHILD - TO: (1.) CREATE, PRODUCE, OR OTHERWISE ENGAGE IN ANY ACT OF PRODUCTION OF CHILD SEXUAL ABUSE OR EXPLOITATION MATERIAL (CSAEM) AS DEFINED IN THIS ACT; (2.) DISSEMINATE, TRANSMIT, DISTRIBUTE, PUBLISH, BROADCAST, SELL, OFFER FOR SALE, STREAM, OR LIVESTREAM CSAEM; OR (3.) COMMIT ANY ACT OF ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN (OSAEC) PUNISHABLE UNDER THIS ACT.

THE OFFENSE UNDER THIS PARAGRAPH SHALL BE CONSUMMATED BY THE ACT OF SOLICITATION OR ATTEMPTED SOLICITATION, WHETHER MADE IN PERSON OR THROUGH ANY MEANS OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, AND WHETHER OR NOT THE UNDERLYING CSAEM OR OSAEC OFFENSE IS IN FACT CARRIED OUT OR COMPLETED. (n.) TO COMMIT CHILD SEXUAL EXTORTION AS DEFINED IN

SECTION 3(dd)-

(o.) To knowingly benefit from, financial or otherwise, the commission of any of the offenses of this Act; (p.) FOR ANY OWNER, LESSOR, OPERATOR, MANAGER, OR PERSON WHO HAS CONTROL OVER ANY PLACE, BUILDING, STRUCTURE, VEHICLE, OR OTHER VENUE, TO KNOWINGLY, INCLUDING THROUGH WILLFUL BLINDNESS, OR BY GROSS NEGLIGENCE, ALLOW, PERMIT, OR MAKE AVAILABLE SUCH VENUE FOR THE COMMISSION OF ANY OF THE PROHIBITED ACTS UNDER THIS SECTION, SUCH AS, BUT NOT LIMITED TO, DENS, PRIVATE ROOMS, CUBICLES, CINEMAS, HOUSES, PRIVATE HOMES, OR OTHER ESTABLISHMENTS. FOR PURPOSES OF THIS PARAGRAPH, "GROSS NEGLIGENCE" EXISTS WHERE SUCH PERSON, HAVING REASON TO SUSPECT THAT VIOLATIONS OF THIS ACT ARE BEING COMMITTED OR ARE LIKELY TO BE COMMITTED THEREIN, FAILS TO TAKE REASONABLE MEASURES TO VERIFY, PREVENT, OR REPORT SUCH USE. (q.) 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; (r.) TO ENGAGE IN THE SEXUALIZATION OF A CHILD AS DEFINED IN SECTION 3(cc) OF THIS ACT. (s.) To engage in pandering as defined under this Act; (t.) 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; (u.) 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; (v.) 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; (w.) To willfully access any form of CSAEM; and (x.) To conspire to commit any of the prohibited acts stated in this section. Provided, That the investigation or prosecution of offenses under this Act shall be without prejudice to appropriate investigation and prosecution mechanisms under Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003," as amended, and other related laws."

Section 5. Section 8 of Republic Act 11930 is hereby amended to read as follows:

"Section 8. Safe Harbor Exception. - Access, possession and recording of any CSAEM OR RECORDED INTERVIEW OF THE CHILD for the purpose of complying with the duties under this Act; the reporting to government authorities; legitimate investigation and administration of the criminal justice system; and legitimate policy, scholarly and academic purposes with requisite ethical clearance, shall not be subject to any civil, criminal, or administrative liability."

Section 6. Section 9 of Republic Act No. 11930 is hereby amended to read as follows:

"Section 9. Duties and Responsibilities of COVERED ENTITIES. - THE FOLLOWING COVERED ENTITIES SHALL HAVE THE CORRESPONDING DUTIES AND RESPONSIBILITIES TO PREVENT, DETECT, REPORT, AND DISRUPT OSAEC AND CSAEM, WITHOUT PREJUDICE TO THEIR OBLIGATIONS UNDER EXISTING LAWS AND REGULATIONS. EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, THE DUTIES AND RESPONSIBILITIES UNDER THIS SECTION SHALL APPLY TO ALL COVERED INTERNET INTERMEDIARIES, INTERNET SERVICE PROVIDERS (ISPS), ONLINE TECHNOLOGY PAYMENT PLATFORMS, SYSTEM PROVIDERS (PSPS), INTERNET HOTSPOTS, CAFES OR KIOSKS, LEARNING INSTITUTIONS, AND SUPPLEMENTARY LEARNING AND YOUTH ACTIVITY CENTERS, WHETHER PUBLIC OR PRIVATE, INCLUDING THOSE OWNED, OPERATED, OR CONTROLLED BY THE GOVERNMENT, GOVERNMENT-OWNED OR -CONTROLLED CORPORATIONS (GOCCS), OR LOCAL GOVERNMENT UNITS (LGUS), TO THE EXTENT THAT THEY PERFORM THE

CORRESPONDING FUNCTIONS DEFINED IN THIS ACT. (A) Duties of Internet Intermediaries AND ONLINE TECHNOLOGY PLATFORMS - THE DUTIES UNDER THIS SUBSECTION SHALL APPLY TO INTERNET INTERMEDIARIES AND TO TECHNOLOGY PLATFORMS THAT PROVIDE ONLINE SERVICES TO THE PUBLIC AND HOST, TRANSMIT, OR MEDIATE USER- GENERATED CONTENT OR COMMUNICATIONS, INCLUDING, AS APPLICABLE, SOCIAL MEDIA AND CONTENT-SHARING SERVICES, MESSAGING AND COMMUNICATION SERVICES, ONLINE GAMES OR VIRTUAL WORLDS WITH USER-GENERATED CONTENT OR COMMUNICATIONS, CLOUD STORAGE AND FILE- APPLICATION STORES AND SHARING SERVICES, DIGITAL MARKETPLACES, AND SIMILAR ONLINE SERVICES. FOR INTERNET SERVICE PROVIDERS (ISPS) THAT ONLY PROVIDE NETWORK CONNECTIVITY AND DO NOT OPERATE USER-FACING CONTENT OR APPLICATION SERVICES, THE DUTIES UNDER THIS SUBSECTION SHALL BE DISCHARGED THROUGH NETWORK-LAYER MEASURES WITHIN THEIR TECHNICAL ROLE, INCLUDING, AT A MINIMUM: (A) THE PRESERVATION OF SUBSCRIBER AND TRAFFIC DATA AND IP ADDRESS LOGS AS REQUIRED UNDER THIS ACT; (B) MAINTAINING AND APPLYING UPDATED LISTS OF INTERNET ADDRESSES, DOMAINS, OR OTHER INTERNET ASSETS IDENTIFIED BY COMPETENT AUTHORITIES AS HOSTING OR FACILITATING OSAEC OR CSAEM, FOR PURPOSES OF BLOCKING OR RESTRICTING ACCESS; AND (C) MONITORING FOR AND NOTIFYING COMPETENT AUTHORITIES OF UNUSUAL TRAFFIC PATTERNS OR SURGES REASONABLY INDICATIVE OF OSAEC OR CSAEM ACTIVITY. THIS PARAGRAPH SHALL NOT BE CONSTRUED TO REQUIRE SUCH ISPS TO MONITOR, EDIT, OR REMOVE SPECIFIC CONTENT HOSTED ON THIRD-PARTY WEBSITES, PLATFORMS, OR APPLICATIONS THAT THEY DO NOT OPERATE OR CONTROL. FOREIGN INTERNET INTERMEDIARIES AND ONLINE TECHNOLOGY PLATFORMS COVERED BY THIS SUBSECTION SHALL, IN ADDITION TO THE DUTIES HEREIN, COMPLY WITH SECTION 9(A) OF THIS ACT ON THE DESIGNATED PHILIPPINE LEGAL REPRESENTATIVE.

Internet intermediaries AND ONLINE TECHNOLOGY PLATFORMS SHALL: (1.) TERM OF SERVICE PROHIBITIONS - Adopt in their terms of service or service agreements with third-party users or creators of CONTENT, products, and services the prohibition of any form of OSAEC AND/OR CSAEM, OR THE CONDUCT OF ANY OF THE PROHIBITED ACTS IN SECTION 4 OF THIS ACT in the use of their website, platform, server, facility, OR INFRASTRUCTURE; (2.) PRESERVATION OF DATA - Preserve within ONE (1) YEAR from the date of the transaction, extendible for another ONE (1) YEAR or during the pendency of the case, all subscriberS' or registration information and traffic data in its control and possession: Provided, That in the case of content data, the same shall be preserved within one (1) year, and upon notice by the competent authority, the preservation shall be extendible for another ONE (1) YEAR: Provided, however, That the competent authority shall expressly identify and specify such relevant evidence that needs preservation: Provided, further, That the integrity of all computer data such as subscriber's information, traffic data and content data relating to communication services provided by a service provider shall be protected for the purpose of investigation and prosecution of cases under this Act: Provided, finally, That the preservation period provided under the law governing foreign ENTITIES doing business in the Philippines OR WHICH MAKES THEIR PLATFORMS OR SERVICES AVAILABLE IN OR INTO THE PHILIPPINES, WHETHER OR NOT IT HAS A PHYSICAL PRESENCE IN THE COUNTRY.or the period provided under this Act, whichever is longer, shall prevail; (3.) BLOCKING, REMOVAL, OR TAKEDOWN. Immediately block access to, remove, or take down the internet address, uniform resource locator (URL), website, ACCOUNT, APPLICATION, or any content thereof containing CSAEM or THROUGH WHICH ANY FORM OF OSAEC IS BEING CONDUCTED, within twenty-four (24) hours from: receipt of notice CONTAINING SUFFICIENT (i) INFORMATION TO IDENTIFY THE CONTENT AND ITS SOURCE FROM A COMPETENT AUTHORITY OR FROM ANY PERSON OR ENTITY, OR

(ii) UPON KNOWLEDGE OF THE INTERNET INTERMEDIARY OR OF THE ONLINE TECHNOLOGY PLATFORM OF THE EXISTENCE OF ANY CSAEM CONTENT OR OSAEC ACTIVITY BEING COMMITTED IN OR THROUGH ITS PLATFORMS, SERVICES, SERVERS, OR FACILITIES. Provided, That this period may be extended to another twenty-four (24) hours upon submission of a written justification if the notice was made without sufficient information to identify the content and its source; PROVIDED, FURTHER, THAT WHERE THE NOTICE CONTAINS SUFFICIENT INFORMATION TO IDENTIFY THE CONTENT AND ITS SOURCE, THE FAILURE TO BLOCK, REMOVE, OR TAKE DOWN THE CSAEM OR THE OSAEC ACTIVITY WITHIN TWENTY- FOUR (24) HOURS FROM RECEIPT OF SAID NOTICE SHALL CONSTITUTE A VIOLATION OF THIS ACT. PROVIDED, FINALLY, THAT the period ON PRESERVATION OF SUBSCRIBERS' OR REGISTRATION INFORMATION, TRAFFIC DATA, OR CONTENT DATA PROVIDED IN THE PRECEDING PARAGRAPHS SHALL CONTINUE TO APPLY NOTWITHSTANDING BLOCKING, REMOVAL, OR TAKEDOWN. FOR INTERNET SERVICE PROVIDERS (ISPS) THAT ONLY PROVIDE NETWORK CONNECTIVITY AND DO NOT OPERATE USER-FACING CONTENT OR APPLICATION SERVICES, THE DUTIES UNDER THIS SUBSECTION SHALL BE DISCHARGED THROUGH NETWORK-LAYER MEASURES WITHIN THEIR TECHNICAL ROLE, INCLUDING AT A MINIMUM: (A) THE PRESERVATION OF SUBSCRIBER AND TRAFFIC DATA; (B) IP ADDRESS LOGGING AS REQUIRED UNDER SUBSECTION (B); AND (C) THE BLOCKING OR DISABLING OF ACCESS TO IDENTIFIED INTERNET ADDRESSES, DOMAINS, OR URLS CONTAINING CSAEM OR USED FOR OSAEC. THIS SHALL NOT BE CONSTRUED TO REQUIRE SUCH ISPS TO MONITOR, EDIT, OR REMOVE SPECIFIC CONTENT HOSTED ON THIRD-PARTY WEBSITES, PLATFORMS, OR APPLICATIONS THAT THEY DO NOT OPERATE OR CONTROL.

THESE MINIMUM DUTIES SHALL BE IMMEDIATELY APPLICABLE AND ENFORCEABLE UPON THE EFFECTIVITY OF THIS ACT, REGARDLESS OF THE ISSUANCE OF THE IMPLEMENTING RULES AND REGULATIONS (IRR) PURSUANT TO PARAGRAPH (15) OF THIS SUBSECTION. THE IRR SHALL FURTHER SPECIFY THE TECHNICAL PARAMETERS, THRESHOLDS, AND ADDITIONAL STANDARDS FOR SUCH NETWORK-LAYER MEASURES, IN A RISK- BASED AND PROPORTIONATE MANNER. (4.) NOTICE-AND-REMOVAL PROCESS. - ESTABLISH WITHIN ONE (1) YEAR FROM THE EFFECTIVITY OF THIS ACT, A PROCESS THROUGH WHICH A COMPETENT AUTHORITY OR ANY PERSON OR ENTITY CAN NOTIFY THEM OF ANY CSAEM CONTENT OR OSAEC ACTIVITY IN THEIR PLATFORM, SERVICES, OR FACILITIES AND REQUEST THE REMOVAL OR DISABLING OF ACCESS TO THE SAME. FOR THIS PURPOSE, THEY SHOULD PROVIDE ON THEIR PLATFORMS A CLEAR AND CONSPICUOUS NOTICE, WHICH MAY BE PROVIDED THROUGH A CLEAR AND CONSPICUOUS LINK TO ANOTHER WEB PAGE OR DISCLOSURE, OF THE NOTICE AND REMOVAL PROCESS THAT: (i) IS EASY TO READ AND IN PLAIN LANGUAGE; AND (ii) PROVIDES INFORMATION REGARDING THEIR RESPONSIBILITIES UNDER THIS SECTION, INCLUDING A DESCRIPTION OF HOW A PERSON OR ENTITY CAN SUBMIT A NOTIFICATION AND REQUEST FOR REMOVAL. (5.)REPORTING OF BLOCKED OR REMOVED CONTENT. - Report to the DOJ OFFICE OF CYBERCRIME (OOC), AS THE CENTRAL AUTHORITY UNDER REPUBLIC ACT NO. 10175, within three (3) days, the internet addresses, URLS, websites, ACCOUNTS, or CONTENT blocked, removed or taken down IN ACCORDANCE WITH THIS PROVISION, SPECIFYING THAT THE BASIS FOR SUCH ACTION IS OSAEC AND/OR CSAEM UNDER THIS ACT. In cases when a foreign internet intermediary OR

ONLINE TECHNOLOGY PLATFORM is, BY VIRTUE OF ITS DOMESTIC LAWS OR BINDING GOVERNMENT POLICY, PROHIBITED TO SHARE DATA DIRECTLY PHILIPPINE AUTHORITIES, SUCH INTERMEDIARY OR PLATFORM SHALL BE DEEMED TO HAVE COMPLIED WITH ITS REPORTING OBLIGATION UNDER THIS PARAGRAPH IF: (i) IT FILES THE CORRESPONDING REPORT WITH THE AUTHORITY OR BODY DESIGNATED IN ITS JURISDICTION TO RECEIVE CYBERCRIME OR CHILD- PROTECTION REPORTS, AND SUCH AUTHORITY OR BODY IS MANDATED OR EXPECTED UNDER THOSE FRAMEWORKS TO TRANSMIT THE REPORT OR ITS SUBTANCE TO THE DOJ-OOC OR TOTHE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES; IT NOTIFIED THE DOJ-OOC, WITHIN A REASONABLE PERIOD TO BE SPY OR BODY TO WHICH IT WAS SUBMITTED, AND ANY AVAILABLE REFERENCE NUMBER OR IDENTIFIER. IN ALL CASES, ANY DATA, INFORMATION, OR EVIDENCE THAT IS NOT PROHIBITED BY THE FOREIGN JURISDICTION'S LAWS OR POLICIES FROM BEING DISCLOSED DIRECTLY TO PHILIPPINE AUTHORITIES SHALL NEVERTHELESS BE REPORTED OR MADE AVAILABLE BY THE FOREIGN INTERNET INTERMEDIARY OR ONLINE TECHNOLOGY PLATFORM TO THE DOJ-OOC IN ACCORDANCE WITH THIS ACT. THE DOJ-OOC SHALL, WITHIN TWENTY-FOUR (24) HOURS FROM RECEIPT AND IN A MANNER CONSISTENT WITH APPLICABLE CONFIDENTIALITY AND DATA-PRIVACY RULES, TRANSMIT TO AND SHARE WITH THE DOJ NCC- OSAEC-CSAEM SECRETARIAT ALL REPORTS AND INFORMATION IT RECEIVES UNDER THIS PARAGRAPH THAT RELATE TO OSAEC AND/OR CSAEM, FOR PURPOSES OF COORDINATION, MONITORING OF COMPLIANCE, AND POLICY FORMULATION UNDER THIS ACT.

(6.) SYSTEMS, DESIGNS, AND PROCEDURES. IMPLEMENT, AND MAINTAIN APPROPRIATE TECHNICAL AND ORGANIZATIONAL SYSTEMS, DESIGNS, AND PROCEDURES FOR PREVENTING, DETECTING, BLOCKING, RESTRICTING, AND REPORTING OSAEC AND CSAEM COMMITTED OR ATTEMPTED WITHIN THEIR PLATFORMS, SERVICES, SERVERS, OR INCLUDING FACILITIES, PUBLIC-FACING CONTENT AND PRIVATE OR GROUP MESSAGING, LIVE-STREAMING, FILE-SHARING, AND OTHER COMMUNICATION CHANNELS MADE AVAILABLE TO USERS. SUCH SYSTEMS, DESIGNS, AND PROCEDURES MAY INCLUDE, AS APPROPRIATE, THE USE OF AUTOMATED TOOLS, INCLUDING HASH- MATCHING, DIGITAL FINGERPRINTING, PATTERN-RECOGNITION, OR OTHER ALGORITHMIC OR AI-BASED CLASSIFIERS, DESIGNED TO IDENTIFY KNOWN OR SUSPECTED OSAEC OR CSAEM OR RELATED HIGH-RISK ACTIVITY WITHOUT REQUIRING GENERALIZED HUMAN REVIEW OF ALL USER COMMUNICATIONS. THESE MEASURES SHALL, AT A MINIMUM, MEET THE BASELINE STANDARDS TO BE PRESCRIBED IN THE IMPLEMENTING RULES AND REGULATIONS OF THIS ACT, SHALL BE LIMITED TO WHAT IS REASONABLY NECESSARY TO DETECT, BLOCK, AND REPORT OSAEC AND CSAEM, AND SHALL AT ALL TIMES COMPLY WITH REPUBLIC ACT NO. 10173 OR THE "DATA PRIVACY ACT OF 2012" AND OTHER APPLICABLE CONFIDENTIALITY AND DATA- PROTECTION LAWS, INCLUDING THE PRINCIPLES OF NECESSITY, PROPORTIONALITY, AND DATA MINIMIZATION. NO COVERED ENTITY MAY REFUSE OR FAIL TO ADOPT SUCH MEASURES SOLELY ON THE GROUND THAT OSAEC OR CSAEM OCCURS THROUGH PRIVATE OR DIRECT MESSAGING, GROUP CHATS, OR OTHER NON-PUBLIC FEATURES OF ITS SERVICE. PROVIDED, THAT ANY TECHNICAL MEASURES APPLIED TO SUCH CHANNELS SHALL BE DESIGNED AND IMPLEMENTED IN A PRIVACY- PROTECTIVE MANNER AND SHALL NOT IMPOSE GENERALIZED OR INDISCRIMINATE MONITORING

BEYOND WHAT IS REASONABLY REQUIRED FOR THE DETECTION, BLOCKING, AND REPORTING OF OSAEC AND CSAEM IN ACCORDANCE WITH THIS ACT AND ITS IMPLEMENTING RULES AND REGULATIONS. FOR INTERNET SERVICE PROVIDERS (ISPS) THAT ONLY PROVIDE NETWORK CONNECTIVITY AND DO NOT OPERATE USER-FACING CONTENT OR APPLICATION SERVICES, COMPLIANCE WITH THIS PARAGRAPH SHALL RELATE TO NETWORK-LAYER SYSTEMS, DESIGNS, AND PROCEDURES WITHIN THEIR TECHNICAL CONTROL, INCLUDING, AT A MINIMUM: (A) MAINTAINING AND APPLYING UPDATED LISTS OF INTERNET ADDRESSES, DOMAINS, OR OTHER INTERNET ASSETS IDENTIFIED BY COMPETENT AUTHORITIES AS HOSTING OR FACILITATING OSAEC OR CSAEM, FOR PURPOSES OF BLOCKING OR RESTRICTING ACCESS; (B) PRESERVING SUBSCRIBER AND TRAFFIC DATA AND IP ADDRESS LOGS AS REQUIRED UNDER THIS ACT; AND (C) MONITORING FOR AND NOTIFYING COMPETENT AUTHORITIES OF UNUSUAL TRAFFIC PATTERNS OR SURGES REASONABLY INDICATIVE OF OSAEC OR CSAEM ACTIVITY. (7.) NOTIFICATION TO LAW ENFORCEMENT OR COMPETENT AUTHORITY. - NOTIFY THE DOJ-OOC OR ANY OTHER COMPETENT LAW-ENFORCEMENT AGENCY DESIGNATED IN THE IMPLEMENTING RULES AND REGULATIONS, WITHIN FORTY-EIGHT (48) HOURS FROM RECEIPT OF INFORMATION, OR FROM ACQUIRING ACTUAL KNOWLEDGE, THAT ANY FORM OF CHILD SEXUAL ABUSE OR EXPLOITATION IS BEING COMMITTED USING ITS PLATFORM, SERVICE, SERVER, OR FACILITY, OR IS LIKELY BEING COMMITTED USING ITS PLATFORM, SERVICE, SERVER, OR FACILITY BASED ON, AMONG OTHERS, TRAFFIC ANALYSIS AND OBSERVED SUDDEN SURGES IN USAGE. FOR FOREIGN INTERNET INTERMEDIARIES AND ONLINE TECHNOLOGY PLATFORMS THAT, BY VIRTUE OF THEIR DOMESTIC LAWS OR BINDING GOVERNMENT POLICIES, ARE PROHIBITED FROM DIRECTLY DISCLOSING CERTAIN DATA TO PHILIPPINE AUTHORITIES, THE OBLIGATION TO

NOTIFY AND REPORT UNDER THIS PARAGRAPH SHALL BE FULFILLED IN ACCORDANCE WITH

SECTION 20 OF THIS ACT ON FOREIGN

REFERRALS, CYBERTIPLINE REPORTS, AND INTERNATIONAL HOTLINES. DATA, INFORMATION, OR EVIDENCE NOT PROHIBITED SHALL NEVERTHELESS BE NOTIFIED OR MADE DIRECTLY AVAILABLE TO THE DOJ-OOC IN ACCORDANCE WITH THIS ACT. (8.) PROVISION OF SUBSCRIBER AND TRAFFIC DATA UPON WRITTEN REQUEST. - UPON REQUEST and notwithstanding the provisions of Republic Act No. 10175 or the 'Cybercrime Prevention Act of 2012 PROVIDE LAW GOVERNMENT ENFORCEMENT AGENCIES, PROSECUTORS, LEGISLATIVE BODIES, OR GOVERNMENT OFFICES GIVEN A MANDATE BY LAW TO INVESTIGATE THE OR ASSIST IN INVESTIGATION OF OSAEC AND/ OR SAEM CASES, the subscriber's or registration information and/or traffic data of any person who: (i) Gained or attempted to gain access to an internet site, internet asset or internet application which contains any form of CSAEM; or (ii) Facilitated the violations of this Act; or (iii) Conducted the streaming or live-streaming of child sexual exploitation. The REQUEST must particularly describe the information asked for and indicate the relevancy of such information to the OSAEC and / or CSAEM case. (9.) ESTABLISHMENT OF A PORTAL. - ESTABLISH, WITHIN SIX (6) MONTHS FROM EFFECTIVITY OF THIS ACT, A SECURE ELECTRONIC SERVICE PORTAL ("PORTAL") FOR THE RECEIPT AND PROCESSING OF LAW-ENFORCEMENT, PROSECUTORIAL, AND COURT PROCESSES, INCLUDING BUT NOT LIMITED TO: EMERGENCY AND STANDARD PRESERVATION REQUESTS, REQUESTS FOR SUBSCRIBERS' INFORMATION AND TRAFFIC DATA, SUBPOENAS, ORDERS FOR PRODUCTION OR DISCLOSURE, CYBERCRIME OR SEARCH WARRANTS, TAKE-DOWN/DISABLEMENT DIRECTIVES, AND FREEZING/BLOCKING ORDERS

RELATED TO OSAEC AND CSAEM. THE TECHNICAL AND OPERATIONAL STANDARDS FOR SUCH PORTALS OR CHANNELS, INCLUDING ANY TIERED REQUIREMENTS BASED ON THE SIZE, NATURE, AND RISK PROFILE OF THE SERVICE, SHALL BE FURTHER SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR); PROVIDED, THAT ALL COVERED ENTITIES SHALL MAINTAIN AT LEAST ONE RELIABLE, SECURE, AND CONTINUOUSLY MONITORED ELECTRONIC MEANS BY WHICH DULY AUTHORIZED PHILIPPINE AUTHORITIES CAN TRANSMIT AND RECEIVE SUCH PROCESSES AND REQUESTS UNDER THIS ACT. (10.) Coordinate with Department of Justice-Office of Cybercrime (DOJ-OOC) to define the standard upon which an internet intermediary is measured, in order to fairly assess if an internet intermediary OR ONLINE TECHNOLOGY PLATFORM has reasonably complied with its duties under this Act; and (11.) NON-NOTIFICATION POLICY - INCLUDE IN THEIR TERMS OF SERVICE OR SERVICE AGREEMENTS WITH THIRD-PARTY USERS OR CREATORS OF CONTENT, PRODUCTS, AND SERVICES THAT THEY HAVE A POLICY of dispensing with notification, DIRECTLY OR INDIRECTLY, to an account holder, subscriber or customer, OR ASSOCIATED USER WHO IS IDENTIFIED, LINKED, OR REASONABLY SUSPECTED IN AN OSAEC OR CSAEM INVESTIGATION OF THE EXISTENCE, CONTENTS, OR STATUS OF ANY PRESERVATION REQUEST, SUBPOENA, ORDER FOR DISCLOSURE OR PRODUCTION, CYBERCRIME WARRANT, COURT ORDER, TAKEDOWN/DISABLEMENT DIRECTIVE, OR ANY OTHER LAWFUL GOVERNMENTAL REQUEST SERVED UNDER THIS ACT, directing the internet intermediary or the technology platform to disclose information about the said account holder subscriber, customer, OR ASSOCIATED USER for the purposes of the criminal investigation. (12.) MAINTAIN LOGS OF EACH AND EVERY SUBSCRIBER AND THE IP ADDRESS ASSIGNED TO EACH AND EVERY SUBSCRIBER AT A GIVEN DATE AND TIME.

(13.) ADOPT AND INTEGRATE CHILD PROTECTION STANDARDS AND POLICIES IN THEIR CORPORATE GOVERNANCE PRACTICE AND PROCESSES. (14.) AGE-VERIFICATION AND ACCESS CONTROLS. - ADOPT AGE-VERIFICATION OR AGE-ASSURANCE CONTROLS AND PROTOCOLS TO RESTRICT CHILDREN'S ACCESS TO MATERIALS WITHIN THE PURVIEW OF SECTION 3(C)(IV) OF PRESIDENTIAL DECREE NO. 1986, ENTITLED "CREATING THE MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD," AND TO OTHER SEXUALLY EXPLICIT OR AGE-INAPPROPRIATE CONTENT IDENTIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR). THE SPECIFIC STANDARDS, INCLUDING GRADUATED OBLIGATIONS FOR SERVICES PRIMARILY ENGAGED IN ADULT-CONTENT DISTRIBUTION AND FOR PLATFORMS WHERE EXPOSURE IS INCIDENTAL OR USER-GENERATED, SHALL BE FURTHER PRESCRIBED UNDER THE IRR TO BE ISSUED PURSUANT TO PARAGRAPH (15) OF THIS SUBSECTION, IN CONSULTATION WITH THE NATIONAL TELECOMMUNICATIONS COMMISSION (NTC), THE DEPARTMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY (DICT), THE MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB), AND THE NATIONAL PRIVACY COMMISSION (NPC). AND TECHNICAL (15.) IMPLEMENTING RULES STANDARDS. - WITHIN ONE HUNDRED TWENTY (120) DAYS FROM THE EFFECTIVITY OF THIS ACT, THE NCC-OSAEC-CSAEM SECRETARIAT SHALL, IN COORDINATION WITH DOJ-OOC, DICT, CICC, PNP, NBI, AMLC, BSP, MTRCB, AND NTC PROMULGATE THE IMPLEMENTING RULES AND REGULATIONS (IRR) FOR THIS SECTION AND SECTION 9(A), INCLUDING TECHNICAL AND OPERATIONAL STANDARDS COVERING: NOTICE-AND-ACTION AND TAKEDOWN PROCEDURES; PRESERVATION, LAND OGGING; THE SECURE ELECTRONIC SERVICE PORTAL AND ACCREDITATION OF COMPETENT AUTHORITIES; REPORTING AND OBLIGATIONS; CHILD-PROTECTION SAFEGUARDS, AGE-ASSURANCE AND ACCESS CONTROLS; AND

COORDINATION/MEASURING STANDARDS FOR REASONABLE COMPLIANCE. THE IRR SHALL BE TECHNOLOGY-NEUTRAL AND SHALL PROVIDE FOR PERIODIC REVIEW AND UPDATES TO ADDRESS EMERGING AND FORESEEABLE TRENDS, AFTER MULTI-STAKEHOLDER CONSULTATION WITH RELEVANT REGULATORS, INDUSTRY, AND CHILD- PROTECTION ORGANIZATIONS, AS WELL AS REGISTRATION PROCEDURES, AUTHORIZATION TEMPLATES, ELECTRONIC SERVICE CHANNELS, REPORTING REQUIREMENTS FOR DESIGNATED LEGAL REPRESENTATIVES UNDER

SECTION 9(A).

(16.) AUTOMATED SAFEGUARDS NOT, BY THEMSELVES, A REPORTING TRIGGER. - THE REPORTING OBLIGATIONS UNDER THIS ACT, INCLUDING THOSE IN SECTION 9(A), SHALL NOT, BY THEMSELVES, BE DEEMED TRIGGERED SOLELY BY THE DEPLOYMENT OR USE OF AUTOMATED OR TECHNICAL MEASURES DESIGNED TO PREVENT, FILTER, OR BLOCK CSAEM OR OSAEC-RELATED CONTENT, WHERE THE OPERATION OF SUCH MEASURES DOES NOT RESULT IN THE INTERNET INTERMEDIARY OR ONLINE TECHNOLOGY PLATFORM RECEIVING, ACCESSING, OR RETAINING IDENTIFIABLE INFORMATION ABOUT THE UNDERLYING CONTENT, USER, OR FOR TRANSACTION. HOWEVER, ANY INFORMATION THAT AN INTERNET INTERMEDIARY OR ONLINE TECHNOLOGY PLATFORM ACTUALLY RECEIVES, ACCESSES, OR REVIEWS THROUGH SUCH MEASURES THROUGH OTHER CHANNELS SHALL REMAIN SUBJECT TO ITS REPORTING DUTIES UNDER THIS ACT. (B) DUTIES OF INTERNET SERVICE PROVIDERS (ISPS). - In addition to ANY duties APPLICABLE TO THEM AS INTERNET INTERMEDIARIES UNDER THIS ACT, all ISPs shall: (1.) MAINTAIN AND MANAGE AN UPDATED LIST OF URLS AND OTHER INTERNET ASSETS, AS DEFINED IN SECTION 3(n), CONTAINING CSAEM OR HAVE BEEN IDENTIFIED BY COMPETENT AUTHORITIES RECOGNIZED CHILD-PROTECTION ORGANIZATIONS AS BEING USED TO COMMIT, FACILITATE, OR TRANSMIT OSAEC OR CSAEM, BY

PARTNERING WITH ORGANIZATIONS THAT MAINTAIN COMPREHENSIVE LIST OF CSAEM- RELATED URLS AND HASH DATABASES; (2.) INTEGRATE AND APPLY SUCH LISTS IN THEIR NETWORK-LAYER BLOCKING, FILTERING, OR OTHER TECHNICAL SAFEGUARDS REQUIRED UNDER THIS ACT, FOR THE PURPOSE OF PREVENTING OR RESTRICTING ACCESS, FROM WITHIN THEIR NETWORKS, TO INTERNET ASSETS KNOWN OR REASONABLY SUSPECTED TO HOST OR FACILITATE OSAEC OR CSAEM; AND (3.) REGULARLY UPDATE SUCH LISTS AND THE ASSOCIATED SAFEGUARDS AT INTERVALS AND IN A MANNER TO BE FURTHER SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS, IN COORDINATION WITH THE NCC-OSAEC-CSAEM SECRETARIAT, THE DICT, DOJ-OOC, AND OTHER COMPETENT AUTHORITIES, ENSURING THAT THESE MEASURES ARE IMPLEMENTED IN A MANNER CONSISTENT WITH REPUBLIC ACT NO. 10173 OR THE "DATA PRIVACY ACT OF 2012" AND OTHER APPLICABLE LAWS, AND ARE REASONABLY TAILORED SO AS NOT TO UNDULY BLOCK LAWFUL CONTENT OR SERVICES. (C) Duties of PSPs. In addition to the duties APPLICABLE TO THEM as Internet Intermediaries UNDER THIS ACT, ALL PAYMENT SYSTEM PROVIDERS (PSPS), INCLUDING OPERATORS OF PAYMENT SYSTEMS (OPS), NON-BANK FINANCIAL INSTITUTIONS (NBFIS), VIRTUAL ASSET SERVICE PROVIDERS (VASPS), AND OTHER COVERED PERSONS UNDER THE ANTI-MONEY LAUNDERING ACT (AMLA) WHEN PERFORMING PAYMENT, TRANSFER, OR SETTLEMENT FUNCTIONS, SHALL: (1.) SUSPICIOUS TRANSACTION REPORTS (STRS). - TRANSACTIONS OR PATTERNS REASONABLY SUSPECTED TO BE CONNECTED TO OSAEC OR CSAEM SHALL BE TREATED AS SUSPICIOUS TRANSACTIONS UNDER THE AMLA AND ITS IMPLEMENTING RULES AND REGULATIONS AND SHALL BE REPORTED TO THE AMLC WITHIN THE PERIODS PRESCRIBED IN THE AMLA, REGARDLESS OF AMOUNT. (2.) KYC AND CDD. - CONSISTENT WITH THE AMLA

AND RELEVANT BSP AND AMLC ISSUANCES, FULL KNOW YOUR CUSTOMER (KYC) AND CUSTOMER DUE DILIGENCE (CDD) MEASURES SHALL BE APPLIED TO CUSTOMERS, ACCOUNTS, PRODUCTS, CHANNELS, OR TRANSACTIONS THAT PRESENT OSAEC/CSAEM RISK, NOTWITHSTANDING ANY RISK-BASED EXEMPTION, SIMPLIFIED DUE DILIGENCE, OR THRESHOLD-BASED EXCLUSION OTHERWISE PERMITTED. (3.) TRANSACTION-MONITORING SYSTEMS. - ESTABLISH AND MAINTAIN TRANSACTION- MONITORING SYSTEMS CAPABLE OF DETECTING TRANSACTIONS AND PATTERNS INDICATIVE OF OSAEC/CSAEM ACTIVITY, AND FLAGGING THEM FOR IMMEDIATE REPORTING AND FURTHER ACTION IN ACCORDANCE WITH THIS ACT, THE AMLA, REPUBLIC ACT NO. 12010 OR THE "ANTI- FINANCIAL ACCOUNT SCAMMING ACT (AFASA)", AND RELEVANT BSP AND AMLC REGULATIONS. SUCH SYSTEMS SHALL, WHERE APPLICABLE, ANALYZE RELEVANT TRANSACTION ATTRIBUTES, INCLUDING, BUT NOT LIMITED TO, AMOUNT, FREQUENCY, COUNTERPARTIES, CHANNEL, GEOGRAPHIC PATTERNS, AND NARRATIVE OR PAYMENT-REFERENCE FIELDS, SUBJECT TO REPUBLIC ACT NO. 10173 OR THE "DATA PRIVACY ACT OF 2012" AND OTHER APPLICABLE LAWS. SUCH SYSTEMS SHALL ALSO BE CAPABLE OF SUPPORTING THE TEMPORARY WITHHOLDING OR DEFERRAL OF TRANSACTIONS REASONABLY SUSPECTED TO BE CONNECTED TO OSAEC OR CSAEM, IN ACCORDANCE WITH THE POWERS AND PROCEDURES PROVIDED UNDER THE AMLA, AFASA, RELEVANT BSP AND AMLC ISSUANCES, AND THIS ACT AND ITS IMPLEMENTING RULES AND REGULATIONS, TAKING INTO ACCOUNT THE RED-FLAG INDICATORS, AND TYPOLOGIES, GUIDANCE ISSUED BY THE FINANCIAL INTELLIGENCE JOINT TASK FORCE ON OSAEC AND CSAEM (FIJTF) CREATED UNDER SECTION 42 OF THIS ACT. THE DETAILED PARAMETERS, INCLUDING ANY THRESHOLDS AND TIME LIMITS FOR TEMPORARY HOLDS, SHALL BE FURTHER SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR).

(4.) RECORD-KEEPING. - MAINTAIN AND PRESERVE COMPLETE RECORDS OF ALL INDIVIDUAL TRANSACTIONS COURSED THROUGH THEIR SYSTEMS OR PLATFORMS, WHETHER PROCESSED INDIVIDUALLY OR THROUGH BATCH OR NET SETTLEMENT, INCLUDING ORIGINATOR AND BENEFICIARY DATA AND CORRESPONDING KYC/CDD INFORMATION, FOR AT LEAST THE PERIODS REQUIRED UNDER THE AMLA AND BSP REGULATIONS, OR SUCH LONGER PERIOD AS MAY BE PRESCRIBED IN THE IRR OF THIS ACT FOR OSAEC/CSAEM-RELATED INVESTIGATIONS, SUBJECT TO THE PRINCIPLES OF NECESSITY, PROPORTIONALITY, AND DATA MINIMIZATION UNDER THE DATA PRIVACY ACT. (5.) TRACEABILITY AND DATA-SHARING ENSURE EFFECTIVI MECHANISMS. TRACEABILITY OF TRANSACTIONS BY MAINTAINING INTEROPERABLE, AUDITABLE, AND SECURE DATA-SHARING MECHANISMS WITH OTHER PSPS AND OPS, SO THAT, WHEN A CUSTOMER, ACCOUNT, PRODUCT, CHANNEL, OR TRANSACTION IS IDENTIFIED OR REASONABLY SUSPECTED AS BEING CONNECTED TO OSAEC OR CSAEM, CROSS-PLATFORM FUND FLOWS CAN BE TRACED WITHIN SUCH PERIODS AND IN ACCORDANCE WITH THE TECHNICAL AND AS OPERATIONAL STANDARDS MAY BE PRESCRIBED IN THE IRR, HAVING REGARD TO THE SIZE, NATURE, AND RISK PROFILE OF THE SERVICE. (6.) ACCESS TO FINANCIAL INFORMATION AND COOPERATION WITH AUTHORITIES. - PROVIDE, UPON REQUEST OF ANY COMPETENT LAW- ENFORCEMENT AGENCY, GOVERNMENT PROSECUTOR, LEGISLATIVE BODY, OR GOVERNMENT OFFICE GIVEN A STATUTORY MANDATE TO INVESTIGATE OSAEC AND/OR CSAEM CASES, ACCESS TO SUCH FINANCIAL DOCUMENTS AND INFORMATION AS ARE REASONABLY NECESSARY WHEN THERE IS REASONABLE GROUND TO BELIEVE THAT TRANSACTIONS ARE RELATED TO OSAEC OR CSAEM OFFENSES. FOR PURPOSES OF THIS "FINANCIAL DOCUMENTS AND PARAGRAPH, INFORMATION" MAY INCLUDE, BUT ARE NOT

LIMITED TO: (i) BASIC CUSTOMER AND ACCOUNT IDENTIFICATION DATA RECORDED FOR FINANCIAL OR KYC PURPOSES, INCLUDING NAME, ADDRESS, DATE OF BIRTH, CONTACT DETAILS, CUSTOMER NUMBER, RELEVANT KNOW-YOUR-CUSTOMER (KYC) OR CUSTOMER DUE DILIGENCE (CDD) RECORDS; (ii) ACCOUNT, WALLET, OR CARD NUMBERS AND OTHER RELEVANT ACCOUNT OR PAYMENT INSTRUMENT IDENTIFIERS; TRANSACTION RECORDS FOR SPECIFIED (iii) PERIODS, INCLUDING DATES, AMOUNTS, CURRENCY, CHANNELS USED, MERCHANT OR COUNTERPARTY DETAILS, ORIGINATOR AND BENEFICIARY INFORMATION, AND NARRATIVE OR PAYMENT-REFERENCE FIELDS; (iv) RECORDS OF ATTEMPTED, DECLINED, REVERSED, REFUNDED, OR CHARGED-BACK TRANSACTIONS RELEVANT TO THE OSAEC OR CSAEM INVESTIGATION; (v) INFORMATION ON LINKED OR ASSOCIATED ACCOUNTS, WALLETS, OR PAYMENT INSTRUMENTS, WHERE REASONABLY NECESSARY TO TRACE RELATED OSAEC OR CSAEM FLOWS; AND (vi) INTERNAL RISK FLAGS, ALERTS, CASE/REFERENCE NUMBERS RELATING TO SUSPICIOUS TRANSACTION REPORTS (STRS) OR OTHER INVESTIGATIONS INVOLVING THE SAME CUSTOMER OR TRANSACTIONS. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT OR REDUCE THE DUTIES OF INTERNET INTERMEDIARIES UNDER SECTION 9(A) OF THIS ACT TO PROVIDE SUBSCRIBER OR REGISTRATION INFORMATION AND TRAFFIC DATA. FOR ENTITIES THAT ARE BOTH PAYMENT SYSTEM PROVIDERS AND INTERNET

INTERMEDIARIES, REQUESTS FOR SUBSCRIBER OR REGISTRATION INFORMATION AND TRAFFIC DATA SHALL BE GOVERNED BY SECTION 9(A), WHILE THIS PARAGRAPH SHALL APPLY TO ACCOUNT-LEVEL TRANSACTION-LEVEL FINANCIAL DOCUMENTS AND INFORMATION. THE REQUEST MUST PARTICULARLY DESCRIBE THE INFORMATION ASKED FOR, STATE THE LEGAL BASIS FOR THE REQUEST, IDENTIFY THE RELEVANT INVESTIGATION OR PROCEEDING, AND INDICATE THE RELEVANCY OF SUCH INFORMATION TO THE OSAEC AND/OR CSAEM CASE OR TO ALLEGED VIOLATIONS OF THIS ACT. THE PROCESSING AND DISCLOSURE OF INFORMATION PURSUANT TO THIS PARAGRAPH SHALL CONSTITUTE LAWFUL PROCESSING UNDER REPUBLIC ACT NO. 10173, OR THE "DATA PRIVACY ACT OF 2012," AND SHALL BE DEEMED A SPECIFIC EXCEPTION TO, AND NOT A VIOLATION OF, REPUBLIC ACT NO. 1405, REPUBLIC ACT NO. 6426, REPUBLIC ACT NO. 8791, AND OTHER CONFIDENTIALITY PROVISIONS, PROVIDED THAT THE DISCLOSURE IS LIMITED TO INFORMATION REASONABLY NECESSARY FOR THE STATED PURPOSE AND THE REQUIREMENTS HEREIN ARE SUBSTANTIALLY OBSERVED. IN ALL CASES, PAYMENT SYSTEM PROVIDERS SHALL TRANSMIT SUCH DATA ONLY THROUGH SECURE AND AUDITABLE CHANNELS AND SHALL MAINTAIN TAMPER-EVIDENT LOGS OF ALL REQUESTS AND DISCLOSURES UNDER THIS PARAGRAPH FOR AUDIT AND ACCOUNTABILITY PURPOSES WITHIN A PERIOD TO BE SPECIFIED IN THE IRR. PAYMENT SYSTEM PROVIDERS SHALL NOT BE HELD CIVILLY, CRIMINALLY, OR ADMINISTRATIVELY LIABLE UNDER BANK- SECRECY OR DATA-PRIVACY LAWS FOR GOOD- FAITH DISCLOSURES MADE IN COMPLIANCE WITH THIS PARAGRAPH. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT OR MODIFY THE POWERS OF THE ANTI-MONEY LAUNDERING COUNCIL C THE ENTO THAT (AMLC) UNDER THE "ANTI-MONEY LAUNDERING ACT OF 2001" AND ITS IMPLEMENTING RULES

AND REGULATIONS. FOR PURPOSES OF THIS ACT, violations under section 4 of this act shall be considered "unlawful activity" under

section 3(i) of Republic Act No. 9160, otherwise known as

the "Anti-Money Laundering Act of 2001," as amended, and shall be punishable under the said Act. TAKING INTO ACCOUNT THE RECOMMENDATIONS OF THE FINANCIAL INTELLIGENCE JOINT TASK FORCE ON OSAEC AND CSAEM (FIJTF) CREATED UNDER SECTION 42 OF THIS ACT, THE AMLC, MAY ISSUE AND PERIODICALLY UPDATE RULES AND GUIDANCE ON OSAEC- AND CSAEM-SPECIFIC STRS INCLUDING: (i.) DEFINING SECTORAL TYPOLOGIES AND RED-FLAG INDICATORS APPLICABLE TO BANKS, E-MONEY ISSUERS, PSPS, AND VASPS; UPDATING RED-FLAG INDICATORS AT (ii.) LEAST SEMIANNUALLY; TRAINING AND (iii.) MANDATING CERTIFICATION OF COMPLIANCE OFFICERS; AND (iv.) ESTABLISHING ESCALATION PROTOCOLS FOR HIGH-RISK TRANSACTIONS REQUIRING IMMEDIATE AMLC INTERVENTION. THE BANGKO SENTRAL NG PILIPINAS (BSP) AND AMLC, IN COORDINATION WITH THE NCC-OSAEC-CSAEM SECRETARIAT, SHALL ISSUE THE IMPLEMENTING RULES AND TECHNICAL STANDARDS FOR THIS SECTION WITHIN ONE HUNDRED TWENTY (120) DAYS FROM EFFECTIVITY, ENSURING ALIGNMENT WITH THE ANTI-MONEY LAUNDERING ACT OF 2001 (AMLA), THE PAYMENT SYSTEMS OVERSIGHT FRAMEWORK, AND THE DATA PRIVACY ACT. (D) OSAEC/CSAEM-RELATED FINANCIAL INTELLIGENCE DISSEMINATION AND EMERGENCY NOTIFICATION. - (1.) DISSEMINATION OF OSAEC/CSAEM-RELATED REPORTS BY AMLC. — CONSISTENT WITH SECTION 40 ON AUTHORIZED SHARING OF INFORMATION

AND THE AMLA, THE AMLC SHALL, WITHIN TWENTY-FOUR (24) HOURS FROM ITS INITIAL ASSESSMENT THAT A SUSPICIOUS TRANSACTION REPORT (STR), COVERED TRANSACTION REPORT (CTR), OR OTHER REPORT IT HAS RECEIVED MAY RELATE TO OSAEC AND/OR CSAEM, DISSEMINATE RELEVANT FINANCIAL INTELLIGENCE TO THE DOJ OFFICE OF CYBERCRIME (DOJ-OOC), THE DOJ NCC-OSAEC-CSAEM SECRETARIAT, AND SUCH LAW-ENFORCEMENT AGENCIES AS MAY BE IDENTIFIED IN THE IRR FOR PURPOSES OF INVESTIGATION, RESCUE OPERATIONS, ASSET- TRACING, AND PROSECUTION UNDER THIS ACT AND THE AMLA. SUCH DISSEMINATION SHALL CONSTITUTE LAWFUL PROCESSING UNDER REPUBLIC ACT NO. 10173 OR THE "DATA PRIVACY ACT OF 2012" AND SHALL BE DEEMED A SPECIFIC EXCEPTION TO, AND NOT A VIOLATION OF, REPUBLIC ACT NO. 1405, REPUBLIC ACT NO. 6426, REPUBLIC ACT NO. AND OTHER CONFIDENTIALITY 8791, PROVISIONS, TO THE EXTENT REASONABLY NECESSARY FOR THE PURPOSES STATED IN THIS PARAGRAPH. (2.) EMERGENCY NOTIFICATION BY PSPS AND OTHER COVERED PERSONS. - NOTHING IN THIS ACT SHALL PREVENT ANY PAYMENT SYSTEM PROVIDER OR OTHER COVERED PERSON UNDER THE AMLA FROM DIRECTLY NOTIFYING THE DOJ-OOC, THE PNP, THE NBI, OR OTHER COMPETENT LAW- ENFORCEMENT AGENCIES WHERE THERE IS A REASONABLE BELIEF THAT A CHILD IS IN IMMINENT DANGER OF ONGOING OR FUTURE SEXUAL ABUSE OR EXPLOITATION, PROVIDED, THAT SUCH NOTIFICATION SHALL BE WITHOUT PREJUDICE TO THE OBLIGATION TO FILE STRS WITH THE AMLC UNDER THE AMLA AND THIS ACT. (E) DUTIES OF TECHNOLOGY PLATFORMS ACCESSIBLE OFFLINE. - THIS SUBSECTION SHALL APPLY TO TECHNOLOGY PLATFORMS, AS DEFINED IN SECTION 3(ii), THAT CAN BE INSTALLED, USED, OR OPERATED WITHOUT CONTINUOUS INTERNET CONNECTIVITY AND THAT ARE REASONABLY CAPABLE OF BEING USED TO CREATE, GENERATE, MANIPULATE, OR PROCESS VISUAL, AUDIO, AUDIOVISUAL, OR TEXTUAL REPRESENTATIONS

OF HUMAN PERSONS OR COMMUNICATIONS WHICH MAY BE USED TO PRODUCE CHILD SEXUAL ABUSE OR EXPLOITATION MATERIAL (SAEM), TO SEXUALIZE CHILDREN, OR TO FACILITATE OSAEC. WHERE A TECHNOLOGY PLATFORM ALSO PROVIDES ONLINE SERVICES COVERED BY SECTION 9(A), ITS OBLIGATIONS UNDER THIS SUBSECTION SHALL BE WITHOUT PREJUDICE TO ITS DUTIES UNDER SECTION 9(A). PROVIDERS OF SUCH TECHNOLOGY PLATFORMS, WHETHER PUBLIC OR PRIVATE, SHALL: (1.) TERMS OF USE AND LICENSING PROHIBITIONS. - IN END-USER LICENSE INCORPORATE, AGREEMENTS, TERMS OF USE, OR EQUIVALENT PRODUCT DOCUMENTATION, A CLEAR PROHIBITION AGAINST THE USE OF THE PLATFORM TO CREATE, GENERATE, MANIPULATE, DISTRIBUTE, OR OTHERWISE FACILITATE CSAEM, THE SEXUALIZATION OF CHILDREN, OR ANY FORM OF OSAEC, INCLUDING THE PRODUCTION OF AI- GENERATED OR DIGITALLY MANIPULATED IMAGES OR REPRESENTATIONS OF CHILDREN IN SEXUAL CONTEXTS. (2.) SAFETY-BY-DESIGN CONTROLS. - DESIGN, CONFIGURE, AND SHIP THE PLATFORM WITH REASONABLE TECHNICAL AND ORGANIZATIONAL SAFEGUARDS AGAINST ITS USE FOR CSAEM OR THE SEXUALIZATION OF CHILDREN, HAVING REGARD TO THE NATURE, FUNCTIONALITY, AND RISK PROFILE OF THE PRODUCT. SUCH WHERE SAFEGUARDS MAY INCLUDE, TECHNICALLY FEASIBLE: CONTENT (i) PROMPT FILTERING, GUARDRAILS, OR OTHER IN-PRODUCT RESTRICTIONS THAT PREVENT OR DISCOURAGE THE GENERATION OR MANIPULATION OF SEXUAL CONTENT INVOLVING CHILDREN OR PERSONS DEPICTED OR MADE TO APPEAR TO BE CHILDREN; WARNINGS OR INTERRUPTIONS WHERE (ii) USER INPUTS OR SETTINGS INDICATE AN

INTENT TO CREATE SEXUAL CONTENT INVOLVING CHILDREN; AND DEFAULT CONFIGURATIONS THAT DISABLE OR RESTRICT FEATURES WHICH PRESENT HEIGHTENED RISK OF CSAEM PRODUCTION OR CHILD SEXUALIZATION, UNLESS ADEQUATE SAFEGUARDS ARE IN PLACE. (3.)TRAINING DATA AND MODEL CONTROLS. - WHERE THE PLATFORM USES MACHINE-LEARNING SYSTEMS, ARTIFICIAL INTELLIGENCE, OR OTHER GENERATIVE OR TRANSFORMATIVE MODELS, ESTABLISH AND IMPLEMENT PROCESSES TO: (i) EXCLUDE, REMOVE, OR EFFECTIVELY NEUTRALIZE CSAEM AND SEXUALLY EXPLOITATIVE DEPICTIONS OF CHILDREN FROM TRAINING, FINE-TUNING, OR EVALUATION DATASETS; AND PREVENT THE MODEL FROM GENERATING (ii) OR FACILITATING SAEM OR THE SEXUALIZATION OF CHILDREN, INCLUDING THROUGH POST-TRAINING SAFETY LAYERS OR GUARDRAILS. (4.) PRODUCT INFORMATION AND COOPERATION. - MAINTAIN AND, UPON REQUEST OF COMPETENT AUTHORITIES IDENTIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR), PROVIDE INFORMATION NECESSARY TO UNDERSTAND THE RELEVANT TECHNICAL FEATURES OF THE PLATFORM FOR PURPOSES OF OSAEC/CSAEM INVESTIGATION OR POLICY- MAKING, INCLUDING, AS APPROPRIATE, DOCUMENTATION ON SAFETY FEATURES, DEFAULT CONFIGURATIONS, AND CONTENT-GUARDRAIL MECHANISMS. SUCH COOPERATION SHALL NOT REQUIRE THE PROVIDER TO ACCESS OR DISCLOSE USER-GENERATED CONTENT STORED SOLELY ON AN END-USER'S DEVICE. (5.) USER AWARENESS AND DOCUMENTATION. - MAKE AVAILABLE, THROUGH PRODUCT DOCUMENTATION, HELP FILES, OR OTHER REASONABLY ACCESSIBLE MEANS, CLEAR INFORMATION ON:

(i) THE PROHIBITION ON USING THE OR THE PLATFORM FOR CSAEM SEXUALIZATION OF CHILDREN; AND (ii) ANY BUILT-IN SAFETY FEATURES DESIGNED TO PREVENT SUCH MISUSE. (6.)VULNERABILITY REPORTING AND REMEDIATION. - ESTABLISH A CHANNEL THROUGH WHICH USERS, CIVIL-SOCIETY ORGANIZATIONS, OR AUTHORITIES MAY REPORT COMPETENT REASONABLE CONCERNS THAT THE PLATFORM, IN ITS CURRENT DESIGN OR CONFIGURATION, IS BEING SYSTEMATICALLY MISUSED FOR CSAEM OR OSAEC. WHERE SUCH MISUSE IS CREDIBLY ESTABLISHED AND ATTRIBUTABLE TO FEATURES OR DESIGN CHOICES OF THE PLATFORM, THE PROVIDER SHALL, WITHIN A REASONABLE PERIOD AND HAVING REGARD TO THE NATURE AND SCALE OF THE RISK, IMPLEMENT PROPORTIONATE MITIGATING MEASURES THROUGH UPDATES, PATCHES, CONFIGURATION TECHNICAL OR CHANGES, OR OTHER ORGANIZATIONAL CONTROLS. (7.)PRIVACY SAFEGUARDS. - NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO REQUIRE PROVIDERS TO CONDUCT GENERALIZED OR INDISCRIMINATE SCANNING OF ALL OFFLINE USER CONTENT, OR TO MONITOR, ACCESS, OR COLLECT USER-GENERATED CONTENT STORED SOLELY ON AN END-USER'S DEVICE, BEYOND WHAT IS REASONABLY NECESSARY TO OPERATE IN-PRODUCT SAFETY FEATURES AT THE POINT OF CONTENT CREATION, EXPORT, OR RENDERING, OR TO COMPLY WITH A SPECIFIC, LAWFUL REQUEST OR ORDER UNDER APPLICABLE LAW. SAFETY MEASURES IMPLEMENTED UNDER SUBSECTION SHALL AT ALL TIMES COMPLY WITH REPUBLIC ACT NO. 10173, OR THE "DATA PRIVACY ACT OF 2012," AND OTHER APPLICABLE CONFIDENTIALITY AND DATA-PROTECTION LAWS. THE SPECIFIC TECHNICAL AND OPERATIONAL STANDARDS, INCLUDING ANY TIERED REQUIREMENTS HAVING REGARD TO THE SIZE, NATURE, AND RISK PROFILE OF THE PLATFORM, SHALL BE FURTHER

SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR) TO BE ISSUED BY THE NCC-OSAEC- CSAEM SECRETARIAT, IN COORDINATION WITH THE DICT, CICC, NTC, DOJ-OOC AND OTHER RELEVANT AGENCIES. HOWEVER, THE DUTIES SET OUT IN THIS SUBSECTION SHALL BE IMMEDIATELY APPLICABLE UPON THE EFFECTIVITY OF THIS ACT AND SHALL NOT DEPEND ON THE PRIOR ISSUANCE OF SUCH IRR. (F) Responsibility of All Internet Hotspots, Cafés or Kiosks. - Internet hotspots, cafés or kiosks shall: (1.) Notify the LAW ENFORCEMENT AGENCIES, within twenty-four (24) hours from obtaining facts and circumstances, of any violation of this Act that are being committed within their premises: Provided, That there is a prima facie knowledge that a violation of this Act is being committed if such acts or omission has been committed within the premises of such internet hotspot, café or kiosk; (2.) INSTALL, MAINTAIN, AND REGULARLY UPDATE APPROPRIATE CONTENT-FILTERING, WEBSITE- BLOCKING, OR NETWORK-LEVEL SAFEGUARDS CERTIFIED OR PRESCRIBED BY THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT), IN COORDINATION WITH TO THE NCC-OSAEC-CSAEM SECRETARIAT, PREVENT ACCESS TO OR TRANSMISSION OF ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN AND CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS (OSAEC/CSAEM). SUCH SAFEGUARDS SHALL NOT INTRUDE INTO USERS' PRIVATE COMMUNICATIONS AND SHALL COMPLY WITH DATA-PRIVACY AND CYBERSECURITY STANDARDS; AND (3.) Promote awareness against OSAEC and CSAEM through clear and visible signages in both English and the local dialect, with local and national hotlines posted within their facilities. LGUS SHALL ENSURE COMPLIANCE WITH THIS SECTION WITHIN THEIR JURISDICTIONS BY: (1.)Promote awareness against OSAEC and CSAEM through clear and visible signages in both English and the local dialect, with local and national hotlines posted within their facilities.

(2. CONDITIONING THE ISSUANCE AND RENEWAL OF BUSINESS PERMITS FOR INTERNET HOTSPOTS, CAFES, AND KIOSKS ON PROOF OF COMPLIANCE WITH PARAGRAPHS (1) TO (3); (3.) CONDUCTING REGULAR AND SPOT INSPECTIONS, IN COORDINATION WITH LOCAL PNP UNITS, TO VERIFY THE PRESENCE AND PROPER CONFIGURATION OF BLOCKING/FILTERING SOFTWARE AND THE POSTING OF REQUIRED SIGNAGES AND HOTLINES; (4.)DESIGNATING A CHILD-PROTECTION FOCAL OFFICE/OFFICER TO RECEIVE REPORTS, ASSIST ESTABLISHMENTS IN COMPLYING WITH STANDARDS, AND ESCALATE VIOLATIONS TO THE NCC-OSAEC-CSAEM SECRETARIAT AND LAW- ENFORCEMENT; (5.)PROVIDING OR FACILITATING ORIENTATION AND MATERIALS FOR OPERATORS AND STAFF BASED ON TEMPLATES FROM THE NCC-OSAEC-CSAEM SECRETARIAT; AND (6.)SUBMITTING QUARTERLY COMPLIANCE REPORTS TO THE NCC-OSAEC-CSAEM SECRETARIAT. LGUS MAY IMPOSE ADMINISTRATIVE SANCTIONS, INCLUDING WARNING, FINE, SUSPENSION OR REVOCATION OF PERMITS, AFTER DUE PROCESS, WITHOUT PREJUDICE TO CRIMINAL OR CIVIL LIABILITIES UNDER THIS ACT. (G) DUTIES OF LEARNING INSTITUTIONS (1.) COVERAGE. - THIS SECTION APPLIES TO ALL PUBLIC AND PRIVATE BASIC EDUCATION SCHOOLS, HIGHER EDUCATION INSTITUTIONS (HEI), AND TECHNICAL-VOCATIONAL INSTITUTIONS (COLLECTIVELY, "LEARNING INSTITUTIONS"), INCLUDING THOSE OPERATING ONLINE, HYBRID, OR DISTANCE-LEARNING PROGRAMS. (2.) PREVENTION AND CURRICULUM INTEGRATION. - EDUCATIONAL INSTITUTIONS SHALL INTEGRATE AGE-APPROPRIATE ONLINE SAFETY AND ANTI- OSAEC/CSAEM EDUCATION INTO CURRICULA,

HOMEROOM ADVISORIES, GUIDANCE, ORIENTATION PROGRAMS, AND/OR co- CURRICULAR ACTIVITIES CONSISTENT WITH STANDARDS SET BY DEPED, CHED, AND TESDA, IN COORDINATION WITH THE NCC-OSAEC-CSAEM SECRETARIAT. SUCH EDUCATION SHALL FORM PART OF A CONTINUING, AGE-PROGRESSIVE PROGRAM AND SHALL NOT BE LIMITED TO ONE-TIME OR ISOLATED ACTIVITIES. IT SHALL BE DELIVERED ON A REGULAR AND RECURRING BASIS AT SUCH MINIMUM FREQUENCIES AS MAY BE FURTHER SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR). (3.) MANDATORY REPORTING AND REFERRAL. - SCHOOL HEADS AND PERSONNEL WHO, IN THEIR PROFESSIONAL CAPACITY, KNOW REASONABLY SUSPECT THAT OSAEC/CSAEM IS BEING PREPARED, ATTEMPTED, OR COMMITTED AGAINST A LEARNER, WHETHER ON- OR OFF- CAMPUS, OR THROUGH ONLINE CHANNELS, SHALL WITHOUT UNDUE DELAY AND IN NO CASE LATER THAN TWENTY-FOUR (24) HOURS FROM KNOWLEDGE OR REASONABLE SUSPICION: REPORT THE MATTER TO THE APPROPRIATE LAW-ENFORCEMENT AGENCIES AND/OR LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICE (SWDO), FOLLOWING EXISTING REFERRAL PATHWAYS; AND DOCUMENT THE INCIDENT AND PRESERVE RELEVANT ELECTRONIC OR PHYSICAL RECORDS IN A MANNER CONSISTENT WITH THIS ACT, THE DATA PRIVACY ACT OF 2012, AND OTHER APPLICABLE LAWS, WITHOUT CONDUCTING PARALLEL "INVESTIGATIONS" THAT MAY COMPROMISE EVIDENCE OR SAFETY. LEARNERS SHALL BE TREATED AS VICTIMS AND NOT AS OFFENDERS, AND SHALL NOT BE SUBJECTED TO DISCIPLINARY ACTION SOLELY ON ACCOUNT OF THEIR VICTIMIZATION OR INVOLVEMENT AS VICTIMS IN OSAEC/CSAEM

INCIDENTS, INCLUDING PARTICIPATION IN FIRST-PRODUCED CSAEM. (4.) CHILD PROTECTION STRUCTURES. - EACH LEARNING INSTITUTION SHALL DESIGNATE OR STRENGTHEN A CHILD PROTECTION COMMITTEE (CPC) AND A CHILD PROTECTION FOCAL PERSON TRAINED ON OSAEC/CSAEM IDENTIFICATION, FIRST-LINE RESPONSE, SAFE AND TRAUMA- BASIC INFORMED DISCLOSURE HANDLING, EVIDENCE PRESERVATION, AND REFERRAL PATHWAYS. EXISTING CHILD-PROTECTION POLICIES SHALL BE REVIEWED AND, WHERE NECESSARY, AMENDED TO ALIGN WITH THIS ACT AND ITS IRR. (5.) ICT ENVIRONMENT AND TECHNICAL MEASURES. - LEARNING INSTITUTIONS SHALL: (i) IMPLEMENT REASONABLE NETWORK- AND DEVICE-LEVEL SAFEGUARDS ON SCHOOL- MANAGED NETWORKS, LABORATORIES, AND DEVICES (SUCH AS CONTENT FILTERING, SAFE-SEARCH DEFAULTS, BLACKLISTING OF URLS OR INTERNET ASSETS IDENTIFIED BY COMPETENT AUTHORITIES AS HOSTING CSAEM OR OSAEC, AND ACCESS CONTROLS) TO PREVENT, AS FAR AS PRACTICABLE, ACCESS TO OR TRANSMISSION OF OSAEC/CSAEM; (ii) ADOPT AND ENFORCE ACCEPTABLE-USE POLICIES FOR LEARNERS AND STAFF COVERING THE USE OF SCHOOL-MANAGED DEVICES, NETWORKS, LEARNING MANAGEMENT AND SYSTEMS, COMMUNICATION CHANNELS; AND (iii) PROVIDE GUIDANCE PARENTS/GUARDIANS ON SAFE USE OF PERSONAL DEVICES AND CONNECTIVITY FOR LEARNERS. (6.) TRAINING OF PERSONNEL. - ALL TEACHING AND RELEVANT NON-TEACHING PERSONNEL SHALL, AT INTERVALS AND TO MINIMUM STANDARDS TO BE SET IN THE IRR, UNDERGO TRAINING ON:

SEXUAL (i) RECOGNIZING GROOMING, EXTORTION, AND OTHER OSAEC/CSAEM RED FLAGS; (ii) SAFE, TRAUMA-INFORMED RESPONSE AND DISCLOSURE HANDLING; (iii) DOCUMENTATION, MANDATORY REPORTING, AND REFERRAL PROTOCOLS; (iv) ONLINE SAFETY PEDAGOGY AND POSITIVE USE OF TECHNOLOGY; AND (V) CONFIDENTIALITY AND DATA-PROTECTION RESPONSIBILITIES UNDER THE DATA PRIVACY ACT AND RELATED ISSUANCES. (7.) SURVIVOR SUPPORT AND AFTERCARE. - LEARNING INSTITUTIONS SHALL: (i) ESENSURE SAFE, NON-STIGMATIZING SPACES AND NON-RETALIATION FOR LEARNERS WHO REPORT OR ARE IDENTIFIED AS VICTIMS OR AT RISK; PROVIDE OR FACILITATE PSYCHOSOCIAL FIRST AID AND TIMELY REFERRALS TO LGU SWDO/DSWD, TIP/OSAEC ONE-STOP CENTERS, AND/OR ACCREDITED SERVICE PROVIDERS; AND COORDINATE WITH THE CPC, NON- OFFENDING PARENTS/GUARDIANS, OR COMPETENT AUTHORITIES IN A MANNER THAT MINIMIZES RE-TRAUMATIZATION, INCLUDING AVOIDING UNNECESSARY REPEATED INTERVIEWS. (8.) COORDINATION AND DATA SHARING. - LEARNING INSTITUTIONS SHALL COOPERATE WITH NCC-OSAEC-CSAEM SECRETARIAT, LAW ENFORCEMENT AGENCIES, GUS/BARANGAY COUNCILS FOR THE PROTECTION OF CHILDREN (BCPCS), AND RELEVANT REGULATORS IN THE PREVENTION, DETECTION, REPORTING, AND HANDLING OF OSAEC/CSAEM CASES. (9.) MONITORING AND COMPLIANCE. - DEPED, CHED,

AND TESDA, IN COORDINATION WITH THE NCC- OSAEC-CSAEM SECRETARIAT, SHALL MONITOR COMPLIANCE THROUGH PERIODIC REPORTING, AUDITS, RECOGNITION/ ACCREDITATION PROCESSES, AND OTHER REGULATORY MECHANISMS. AFTER DUE PROCESS, THE APPROPRIATE REGULATOR MAY IMPOSE ADMINISTRATIVE SANCTIONS FOR NON-COMPLIANCE, INCLUDING WARNING, MANDATORY CORRECTIVE ACTION, AND, FOR PRIVATE INSTITUTIONS, SUSPENSION OR NON-RENEWAL OF PERMITS, RECOGNITION, OR ACCREDITATION, WITHOUT PREJUDICE TO CIVIL OR CRIMINAL LIABILITY UNDER THIS ACT AND OTHER LAWS. (10.) IMPLEMENTING RULES. - WITHIN NINETY (90) DAYS FROM EFFECTIVITY OF THIS ACT, DEPED, CHED, AND TESDA, IN COORDINATION WITH THE NCC-OSAEC-CSAEM SECRETARIAT, DICT, CICC, PNP, NBI, DSWD, AND NPC, SHALL ISSUE JOINT IMPLEMENTING RULES AND REGULATIONS (IRR) FOR THIS SECTION. IMPLEMENTATION STANDARDS, INCLUDING DIFFERENTIATED REQUIREMENTS FOR SMALL, RURAL, OR RESOURCE-LIMITED INSTITUTIONS, SHALL BE FURTHER SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS, PROVIDED THAT SUCH DIFFERENTIATION SHALL NOT EXCUSE TOTAL INACTION ON OSAEC/CSAEM PREVENTION, REPORTING, AND RESPONSE. (11.) NON-INTERFERENCE WITH URGENT CHILD- PROTECTION ACTION. - NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DELAY OR PREVENT IMMEDIATE REPORTING TO LAW ENFORCEMENT CHILD-PROTECTION AUTHORITIES WHEN A CHILD IS AT RISK OF ONGOING OR IMMINENT HARM OR WHEN THERE IS A SERIOUS RISK THAT EVIDENCE MAY BE LOST OR DESTROYED. (H) DUTIES OF SUPPLEMENTARY LEARNING AND YOUTH ACTIVITY CENTERS (1.) COVERAGE. — THIS SECTION APPLIES TO PUBLIC AND PRIVATE SUPPLEMENTARY LEARNING AND

YOUTH ACTIVITY CENTERS THAT REGULARLY PROVIDE ORGANIZED ACTIVITIES TO CHILDREN OUTSIDE FORMAL SCHOOLING, INCLUDING, BUT NOT LIMITED TO: TUTORIAL AND REVIEW CENTERS; DAY CARE AND AFTER-SCHOOL PROGRAMS; SPORTS, ARTS, MUSIC, AND CULTURAL CENTERS; YOUTH CLUBS AND ORGANIZATIONS; FAITH-BASED OR COMMUNITY YOUTH MINISTRIES WHEN CONDUCTING ORGANIZED YOUTH ACTIVITIES; AND HOLIDAY OR VACATION CAMPS (COLLECTIVELY, "YOUTH ACTIVITY CENTERS"). (2.) CHILD-PROTECTION POLICY AND FOCAL PERSON. — YOUTH ACTIVITY CENTERS SHALL: (i) ADOPT AND IMPLEMENT A WRITTEN CHILD- PROTECTION POLICY THAT EXPRESSLY PROHIBITS OSAEC AND SAEM, GROOMING, SEXUAL EXTORTION, AND OTHER FORMS OF SEXUAL ABUSE OR EXPLOITATION OF WHETHER OFFLINE OR CHILDREN, THROUGH ICT; AND (ii) DESIGNATE A CHILD-PROTECTION FOCAL PERSON RESPONSIBLE FOR RECEIVING DISCLOSURES OR REPORTS, COORDINATING WITH AUTHORITIES, AND ENSURING IMPLEMENTATION OF THIS ACT AND ITS IRR. THE POLICY SHALL BE MADE KNOWN TO STAFF, AND VOLUNTEERS, CHILDREN, PARENTS/GUARDIANS A MANNER APPROPRIATE TO THEIR AGE AND CAPACITY. (3.) MANDATORY REPORTING AND REFERRAL. - OWNERS, MANAGERS, STAFF, OR VOLUNTEERS OF YOUTH ACTIVITY CENTERS WHO, IN THE COURSE OF THEIR FUNCTIONS, KNOW OR REASONABLY SUSPECT THAT OSAEC OR CSAEM IS BEING PREPARED, ATTEMPTED, OR COMMITTED AGAINST A CHILD, WHETHER WITHIN OR IN CONNECTION CENTER'S ACTIVITIES COMMUNICATION CHANNELS, SHALL, WITHOUT UNDUE DELAY AND IN NO CASE LATER THAN TWENTY-FOUR (24) HOURS FROM KNOWLEDGE OR REASONABLE SUSPICION:

REPORT THE MATTER TO THE APPROPRIATE LAW-ENFORCEMENT AGENCIES AND/OR WELFARE AND SOCIAL DEVELOPMENT OFFICE (SWDO), FOLLOWING EXISTING REFERRAL PATHWAYS; AND (ii) DOCUMENT THE INCIDENT AND, WHERE PRESERVE RELEVANT APPLICABLE, RECORDS (SUCH AS CHAT LOGS, SCREENSHOTS, CCTV FOOTAGE) WITHOUT CONDUCTING PARALLEL INVESTIGATIONS THAT MAY COMPROMISE EVIDENCE OR CHILD SAFETY. CHILDREN SHALL BE TREATED AS VICTIMS AND NOT AS OFFENDERS, AND SHALL NOT BE SUBJECTED TO DISCIPLINARY ACTION SOLELY ON ACCOUNT OF THEIR VICTIMIZATION OR INVOLVEMENT AS VICTIMS IN INCLUDING THEIR OSAEC/CSAEM INCIDENTS, PARTICIPATION IN FIRST-PERSON PRODUCED CSAEM. (4.) SAFE PHYSICAL AND DIGITAL ENVIRONMENT. - YOUTH ACTIVITY CENTERS SHALL: IMPLEMENT REASONABLE MEASURES TO (i) PREVENT SITUATIONS THAT FACILITATE GROOMING OR ABUSE; REGULATE AND MONITOR THE USE OF ANY CENTER-MANAGED DEVICES, CAMERAS, OR CONNECTIVITY USED DURING ACTIVITIES TO PREVENT THE CREATION OR SHARING OF CSAEM OR SEXUALIZED IMAGES OF CHILDREN; AND (iii) ADOPT RULES GOVERNING OFFICIAL ONLINE GROUPS OR CHAT CHANNELS CREATED OR MAINTAINED FOR CENTER ACTIVITIES (5.) ICT SAFEGUARDS WHERE CONNECTIVITY OR DEVICES ARE PROVIDED. - WHERE YOUTH ACTIVITY CENTERS PROVIDE INTERNET ACCESS, WIFI, OR DIGITAL DEVICES FOR CHILDREN'S USE, THEY SHALL, TAKING INTO ACCOUNT THEIR SIZE AND RESOURCES:

ADOPT BASIC HOUSE RULES ON SAFE AND APPROPRIATE USE OF SUCH DEVICES OR CONNECTIVITY, INCLUDING A CLEAR PROHIBITION ON ACCESSING, CREATING, OR SHARING SEXUALIZED IMAGES OF CHILDREN OR CSAEM; (ii) WHERE FEASIBLE ON THE EQUIPMENT THEY USE (E.G., THROUGH BUILT-IN SETTINGS OR SIMPLE FILTERS), ENABLE BASIC SAFETY FEATURES OR RESTRICTIONS TO LIMIT ACCESS TO OBVIOUSLY HARMFUL OR INAPPROPRIATE CONTENT; AND (ili) COOPERATE, UPON REQUEST, WITH LAWFUL INVESTIGATIONS OF OSAEC/CSAEM INCIDENTS CONNECTED TO THEIR FACILITIES, INCLUDING BY PRESERVING RELEVANT LOGS OR RECORDS AVAILABLE TO THEM. SUCH MEASURES SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH THE DATA PRIVACY ACT OF 2012 AND OTHER APPLICABLE CONFIDENTIALITY LAWS, AND SHALL NOT BE CONSTRUED TO REQUIRE GENERALIZED OR INDISCRIMINATE MONITORING OF ALL PRIVATE COMMUNICATIONS OF CHILDREN OUTSIDE CENTER-MANAGED CHANNELS. (6.) STAFF AND VOLUNTEER SCREENING AND BASIC TRAINING. - YOUTH ACTIVITY CENTERS SHALL, IN A MANNER PROPORTIONATE TO THEIR SIZE AND NATURE: ADOPT REASONABLE SCREENING OR VETTING MEASURES FOR STAFF AND VOLUNTEERS WHO WILL HAVE REGULAR CONTACT WITH CHILDREN (SUCH AS REQUIRING IDENTIFICATION, REFERENCE CHECKS, OR OTHER COMMUNITY- APPROPRIATE MEANS OF VETTING), CONSISTENT WITH STANDARDS TO BE SET IN THE IRR; AND (ii) ENSURE THAT STAFF AND KEY VOLUNTEERS RECEIVE AT LEAST BASIC ORIENTATION,

WHICH MAY BE CONDUCTED BY LGUS OR COMPETENT AGENCIES, ON: 1) RECOGNIZING GROOMING, SEXTORTION, AND OTHER RED FLAGS; 2) HOW TO RESPOND SAFELY AND IN A TRAUMA-INFORMED MANNER TO A CHILD'S DISCLOSURE; AND 3) THEIR DUTIES TO REPORT AND REFER CASES UNDER THIS ACT, INCLUDING CONFIDENTIALITY AND DATA- PROTECTION RESPONSIBILITIES. THE IRR SHALL PROVIDE SIMPLE, STANDARDIZED MATERIALS AND CHECKLISTS THAT SMALL, COMMUNITY- BASED CENTERS CAN USE TO COMPLY WITH THIS PARAGRAPH WITHOUT UNDUE ADMINISTRATIVE BURDEN. (7.) SURVIVOR SUPPORT AND NON-RETALIATION. - YOUTH ACTIVITY CENTERS SHALL: (i) ENSURE THAT CHILDREN WHO REPORT OR ARE IDENTIFIED AS VICTIMS OR AT RISK ARE NOT SUBJECTED TO RETALIATION, FROM RIDICULE, OR EXCLUSION ACTIVITIES ON ACCOUNT OF THEIR DISCLOSURE OR VICTIMIZATION; PROVIDE BASIC EMOTIONAL FIRST-LINE SUPPORT AND, WHERE NECESSARY, ASSIST CHILDREN AND THEIR FAMILIES IN ACCESSING LGU SWDO/DSWD, TIP/OSAEC ONE-STOP CENTERS, ACCREDITED SERVICE PROVIDERS; AND (iii) COORDINATE WITH NON-OFFENDING PARENTS/GUARDIANS, SUBJECT TO CHILD SAFETY AND THE BEST INTERESTS OF THE CHILD, WHILE AVOIDING UNNECESSARY REPEATED INTERVIEWS OR DISCLOSURES THAT MAY RE-TRAUMATIZE THE CHILD. (8.) COORDINATION WITH LGUS AND COMPETENT AUTHORITIES. - YOUTH ACTIVITY CENTERS

SHALL COOPERATE WITH LGUS, THE NCC-OSAEC- CSAEM SECRETARIAT, LAW-ENFORCEMENT AGENCIES, AND RELEVANT NATIONAL AGENCIES ON THE IMPLEMENTATION OF THIS ACT, INCLUDING PARTICIPATION IN LOCAL CHILD- PROTECTION MECHANISMS AND REFERRAL NETWORKS WHERE AVAILABLE. LGUS MAY, CONSISTENT WITH THIS ACT AND ITS IRR: 1. CONDITION THE ISSUANCE AND RENEWAL OF BUSINESS PERMITS OR AUTHORIZATIONS FOR PRIVATE YOUTH ACTIVITY CENTERS ON MINIMUM COMPLIANCE WITH PARAGRAPHS (2) TO (7) OF THIS SECTION; 2. CONDUCT REGULAR OR SPOT INSPECTIONS, IN COORDINATION WITH LOCAL PNP UNITS AND SWDOS, TO VERIFY THE EXISTENCE OF CHILD- PROTECTION POLICIES, FOCAL PERSONS, AND BASIC SAFEGUARDS; AND 3. IMPOSE ADMINISTRATIVE SANCTIONS, AFTER DUE PROCESS, INCLUDING WARNING, MANDATORY CORRECTIVE ACTION, AND SUSPENSION OR REVOCATION OF PERMITS, WITHOUT PREJUDICE TO CIVIL OR CRIMINAL LIABILITY UNDER THIS ACT AND OTHER LAWS. (9.) IMPLEMENTING RULES. - WITHIN NINETY (90) DAYS FROM THE EFFECTIVITY OF THIS ACT, DSWD AND DILG, IN COORDINATION WITH DEPED, NCC-OSAEC-CSAEM CHED, SECRETARIAT, DICT, CICC, PNP, NBI, AND THE NATIONAL YOUTH COMMISSION (NYC), SHALL ISSUE IMPLEMENTING RULES AND REGULATIONS (IRR) FOR THIS SECTION. (10. NON-INTERFERENCE WITH URGENT ACTION. - NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DELAY OR PREVENT IMMEDIATE REPORTING TO LAW-ENFORCEMENT OR CHILD-PROTECTION AUTHORITIES WHERE A CHILD IS AT RISK OF ONGOING OR IMMINENT HARM OR WHERE THERE IS A SERIOUS RISK THAT EVIDENCE MAY BE LOST OR DESTROYED."

Section 7. A new Section 10 is hereby inserted into Republic Act No. 11930 to

read as follows: DESIGNATED PHILIPPINE LEGAL "SECTION 10. - REPRESENTATIVE FOR FOREIGN INTERNET INTERMEDIARIES AND TECHNOLOGY PLATFORMS. (A.) COVERAGE. - ANY FOREIGN INTERNET INTERMEDIARY OR TECHNOLOGY PLATFORM THAT OFFERS, PROVIDES, OR MAKES ITS SERVICES AVAILABLE IN OR INTO THE PHILIPPINES, WHETHER OR NOT IT HAS A PHYSICAL PRESENCE IN THE COUNTRY, SHALL COMPLY WITH THIS SECTION. (B.) APPOINTMENT AND DEADLINE. - WITHIN ONE (1) YEAR FROM THE EFFECTIVITY OF THIS ACTOR PRIOR TO COMMENCING AVAILABILITY OF SERVICES IN OR INTO THE PHILIPPINES, WHICHEVER IS EARLIER-EVERY COVERED ENTITY SHALL DESIGNATE, IN WRITING, A DULY AUTHORIZED LEGAL REPRESENTATIVE IN THE PHILIPPINES. (C.) QUALIFICATIONS AND REGISTRATION. - THE LEGAL REPRESENTATIVE SHALL BE A NATURAL PERSON RESIDENT IN THE PHILIPPINES OR A JURIDICAL PERSON ORGANIZED OR DULY LICENSED TO DO BUSINESS IN THE PHILIPPINES, WITH A PRINCIPAL OFFICE ADDRESS IN THE COUNTRY. AN EXISTING PHILIPPINE SUBSIDIARY, BRANCH, OR LOCALLY SUPERVISED FINANCIAL INSTITUTION OR PARTNER THAT ALREADY ACTS AS THE ENTITY'S PRIMARY CONTACT FOR REGULATORY OR LAW-ENFORCEMENT MATTERS IN THE PHILIPPINES MAY BE DESIGNATED AS THE LEGAL REPRESENTATIVE, PROVIDED IT IS EXPRESSLY AUTHORIZED IN WRITING TO PERFORM THE FUNCTIONS UNDER THIS SECTION. THE DESIGNATION SHALL BE REGISTERED WITH THE DOJ OFFICE OF CYBERCRIME (DOJ-OOC), WITH A COPY FURNISHED TO THE DOJ NCC-OSAEC-CSAEM SECRETARIAT, AND, WHERE APPLICABLE, WITH THE SEC OR DTI. THE REGISTRATION SHALL INCLUDE THE REPRESENTATIVE'S NAME, ADDRESS, EMAIL, PHONE, AND 24/7 EMERGENCY CONTACT. (D.) SCOPE OF AUTHORITY. - THE LEGAL REPRESENTATIVE IS EXPRESSLY AUTHORIZED TO:

(i.) RECEIVE, ACKNOWLEDGE, AND RESPOND TO LAWFUL PRESERVATION REQUESTS, SUBPOENAS, ORDERS FOR PRODUCTION OR DISCLOSURE, CYBERCRIME/SEARCH WARRANTS, TAKEDOWN/ DISABLEMENT DIRECTIVES, FREEZING/BLOCKING ORDERS, AND OTHER LAW- ENFORCEMENT, PROSECUTORIAL, OR COURT PROCESSES ISSUED UNDER PHILIPPINE LAW; (ii.) REPRESENT THE FOREIGN ENTITY IN ANY ADMINISTRATIVE, REGULATORY, LEGAL, OR JUDICIAL PROCEEDING IN THE PHILIPPINES RELATED TO THIS ACT AND ALLIED LAWS; (iii.) EXECUTE UNDERTAKINGS, SUBMIT REPORTS, AND FACILITATE COMPLIANCE WITH THIS ACT, ITS IRR, AND DIRECTIVES OF COMPETENT AUTHORITIES; AND (iv.) ACCEPT SERVICE OF PROCESS, INCLUDING ELECTRONIC SERVICE VIA THE OFFICIAL CONTACT DETAILS ON FILE, WHICH SHALL CONSTITUTE VALID AND EFFECTIVE SERVICE UPON THE FOREIGN ENTITY. (E.) EVIDENTIARY INSTRUMENT. - THE DESIGNATION SHALL BE ACCOMPANIED BY A NOTARIZED/ APOSTILLED INSTRUMENT (OR EQUIVALENT CORPORATE AUTHORIZATION) CONFERRING AUTHORITY TO THE REPRESENTATIVE AND BINDING THE FOREIGN ENTITY. ANY LIMITATION OF AUTHORITY SHALL NOT DEFEAT THE EFFECTIVENESS OF SERVICE OR COMPLIANCE OBLIGATIONS UNDER THIS ACT. (F.) CONTINUITY; UPDATES. - COVERED ENTITIES SHALL ENSURE CONTINUITY OF REPRESENTATION. CHANGES TO THE REPRESENTATIVE OR CONTACT DETAILS SHALL BE FILED WITHIN FIFTEEN (15) DAYS WITH THE DOJ/ NCC- OSAEC-CSAEM AND REFLECTED ON THE ENTITY'S WEBSITE OR APP. VACANCIES SHALL BE FILLED WITHIN THIRTY (30) DAYS. (G.) RECORDS AND COOPERATION. - THE REPRESENTATIVE SHALL MAINTAIN TAMPER-EVIDENT LOGS OF PROCESSES RECEIVED AND ACTIONS TAKEN FOR FIVE (5) YEARS, ENSURE CONFIDENTIAL HANDLING OF CHILD-VICTIM DATA, AND COOPERATE WITH COMPETENT AUTHORITIES

SUBJECT TO DUE PROCESS, DATA-PRIVACY, AND LAWFUL DISCLOSURE STANDARDS. (H.) NON-COMPLIANCE. - FAILURE TO DESIGNATE OR MAINTAIN A COMPLIANT LEGAL REPRESENTATIVE, OR TO ACCEPT OR ACT UPON VALID SERVICE, CONSTITUTES A VIOLATION SUBJECT TO ADMINISTRATIVE FINES, REMEDIAL DIRECTIVES, AND, WHERE WARRANTED, ANCILLARY MEASURES INCLUDING TEMPORARY RESTRICTION OF ACCESS TO SERVICES UNDER PROCEDURES SET IN THE IRR, WITHOUT PREJUDICE TO CIVIL OR CRIMINAL LIABILITY. (I.) REGISTRY AND ACCESS. - THE DOJ-OOC SHALL MAINTAIN AN UPDATED ELECTRONIC REGISTRY OF ALL LEGAL REPRESENTATIVES DESIGNATED UNDER THIS SECTION AND SHALL ENSURE THAT THE DOJ NCC-OSAEC- CSAEM SECRETARIAT, AS WELL AS COMPETENT LAW- ENFORCEMENT AGENCIES DESIGNATED IN THE IMPLEMENTING RULES AND REGULATIONS, HAVE CONTINUOUS, TIMELY, AND SECURE ELECTRONIC ACCESS TO SUCH REGISTRY FOR PURPOSES OF IMPLEMENTING THIS ACT AND ISSUING OR SERVING LAWFUL REQUESTS, ORDERS, OR OTHER PROCESSES. "

Section 8. Section 10 of Republic Act No. 11930 is hereby renumbered and amended

to read as follows: "SECTION 11. CRIMINAL SANCTIONS - The following penalties shall be imposed on the following offenses: (a.) Any person who violates Section 4, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (i), (K), (M), and (N) of this Act shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00). (b.) Any person who violates Section 4, paragraphs (O) and (P) of this Act shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00). (c.) ANY PERSON WHO VIOLATES SECTION 4, PARAGRAPH (L) OF THIS ACT SHALL SUFFER THE PENALTY OF RECLUSION TEMPORAL AND A FINE OF NOT LESS THAN P500,000 BUT NOT MORE THAN P2,000,000, PROVIDED THAT IF THE SEXUAL ACT DOES NOT OCCUR, THE PENALTY SHALL BE

PRISIÓN MAYOR AND A FINE OF NOT LESS THAN P200,000 BUT NOT MORE THAN P1,000,000. (d.) Any person who violates Section 4, paragraphs (Q), (R), and (S) of this Act shall suffer the penalty of reclusion temporal in its maximum period and a fine of not less than Eight hundred thousand pesos (P800,000.00) but not less than One million pesos (P1,000,000.00). (e.) Any person who violates Section 4, paragraph (T) of this Act shall suffer the penalty of reclusion temporal in its medium period and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than Eight hundred thousand pesos (P800,000.00). (f.) Any person who violates Section 4, paragraph (U) of this Act shall suffer the penalty of reclusion temporal in its minimum period and a fine of not less than Three hundred thousand pesos (P300,000.00) but not more than Five hundred thousand pesos (P500,000.00). (g.) Any person who violates Section 4, paragraph (V) of this Act shall suffer the penalty of reclusion temporal and a fine of not less than Three hundred thousand pesos (P300,000.00); (h.) Any person who violates Section 4, paragraph (W) of this Act shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos (P300,000.00). (i.) Any person who violates Section 4, paragraph (X) of this Act shall suffer the penalty of prision mayor in its medium period and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred thousand pesos (P200,000.00). (j.) Any person who violates Section 6 of this Act shall suffer the penalty of life imprisonment and a fine of not less than Five million pesos (P5,000,000.00) but not more than Twenty million pesos (P20,000,000.00). WHEN THE OFFENDER IS A JURIDICAL PERSON, THE PENALTY PRESCRIBED FOR THE OFFENSE UNDER THIS ACT SHALL BE IMPOSED UPON ANY OWNER, PARTNER, MEMBER OF THE BOARD OF DIRECTORS, TRUSTEE, MANAGER, OR OTHER RESPONSIBLE OFFICER WHO: (A) PARTICIPATED IN THE COMMISSION OF THE CRIME; OR (B) HAD ACTUAL KNOWLEDGE OF ITS COMMISSION AND, HAVING THE AUTHORITY OR DUTY TO PREVENT OR

REMEDY IT, KNOWINGLY PERMITTED OR TOLERATED ITS COMMISSION; OR (C) IN THE EXERCISE OF REASONABLE DILIGENCE OUGHT TO HAVE KNOWN OF ITS COMMISSION AND, THROUGH GROSS NEGLIGENCE, FAILED TO PREVENT OR REMEDY

Section 9. Section 11 of Republic Act No. 11930 is hereby subsumed in the

abovementioned section on Criminal Sanctions.

Section 10. A new Section 12 is hereby inserted into Republic Act No. 11930, to

read as follows: "SECTION 12. ADMINISTRATIVE SANCTIONS. - WITHOUT PREJUDICE TO THE CRIMINAL SANCTIONS PROVIDED IN THIS ACT AND OTHER LAWS, THE CONCERNED REGULATORS AND COMPETENT AUTHORITIES, AS MAY BE IDENTIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR), MAY, AFTER DUE NOTICE AND HEARING, IMPOSE ONE OR MORE OF THE FOLLOWING ADMINISTRATIVE SANCTIONS AGAINST ANY NATURAL OR JURIDICAL PERSON FOUND TO HAVE VIOLATED ANY PROVISION OF THIS ACT OR ITS IRR: a. CEASE-AND-DESIST ORDER. - THE ISSUANCE OF A CEASE-AND-DESIST ORDER DIRECTING THE RESPONDENT TO IMMEDIATELY STOP SPECIFIED ACTS OR OMISSIONS IN VIOLATION OF THIS ACT, AND TO SUBMIT, WITHIN A REASONABLE PERIOD, A WRITTEN REPORT AND SUPPORTING DOCUMENTATION DEMONSTRATING COMPLIANCE; b. ADMINISTRATIVE FINES. - THE IMPOSITION OF AN ADMINISTRATIVE FINE IN AN AMOUNT, RANGE, OR SCALE TO BE SPECIFIED IN THE IRR, TAKING INTO CONSIDERATION THE ATTENDANT CIRCUMSTANCES, SUCH AS THE NATURE AND GRAVITY OF THE VIOLATION, THE DURATION AND FREQUENCY OF THE VIOLATION, THE NUMBER OF CHILDREN AFFECTED OR PLACED AT RISK, THE SIZE, NATURE, AND FINANCIAL CAPACITY OF THE PERSON OR ENTITY CONCERNED, THE DEGREE OF COOPERATION DURING INVESTIGATION, REMEDIAL MEASURES TAKEN, PREVIOUS ADMINISTRATIVE OR CRIMINAL LIABILITY, AND OTHER CIRCUMSTANCES; c. CENSURE OR FORMAL REPRIMAND. - THE ISSUANCE OF A WRITTEN CENSURE OR FORMAL REPRIMAND, WHICH

MAY BE TAKEN INTO ACCOUNT AS AN AGGRAVATING FACTOR IN SUBSEQUENT VIOLATIONS; d. SUSPENSION, NON-RENEWAL, OR REVOCATION OF PERMITS AND LICENSES. - THE SUSPENSION, NON- RENEWAL, OR REVOCATION, IN WHOLE OR IN PART, OF PERMITS, LICENSES, AUTHORIZATIONS, REGISTRATIONS, ACCREDITATIONS, FRANCHISES, OR CERTIFICATES OF AUTHORITY TO OPERATE ISSUED BY THE CONCERNED REGULATOR OR LOCAL GOVERNMENT UNIT, IN CASES OF SERIOUS, REPEATED, OR WILLFUL VIOLATIONS, OR UNJUSTIFIED REFUSAL TO COMPLY WITH LAWFUL ORDERS ISSUED UNDER THIS ACT; e. RESTRICTION OR BLOCKING OF SPECIFIC SERVICES OR ACCESS POINTS. - THE TEMPORARY OR PERMANENT LIMITATION, SUSPENSION, OR BLOCKING OF ACCESS TO SPECIFIC ACCOUNTS, FEATURES, SERVICES, INTERNET ASSETS, URLS, DOMAINS, OR NETWORK ACCESS POINTS DEMONSTRABLY USED TO COMMIT OR FACILITATE VIOLATIONS OF THIS ACT, TO THE EXTENT TECHNICALLY FEASIBLE AND PROPORTIONATE TO THE RISK, WITHOUT PREJUDICE TO THE AUTHORITY OF SECTORAL REGULATORS SUCH AS THE NTC, BSP, SEC, OR LGUS UNDER THEIR RESPECTIVE CHARTERS AND REGULATIONS; INCLUSION IN REGISTRIES. - INCLUSION OF THE RESPONDENT, WHERE APPLICABLE AND AFTER OBSERVANCE OF THE REQUIREMENTS OF THE RELEVANT LAW, IN THE CHILD SEX OFFENDERS REGISTRY AND/OR THE BLACKLISTED ALIENS REGISTRY ESTABLISHED UNDER THIS ACT AND RELATED ISSUANCES; AND g. OTHER ANALOGOUS SANCTIONS. - SUCH OTHER ANALOGOUS OR INCIDENTAL ADMINISTRATIVE SANCTIONS AS MAY BE PROVIDED IN THE IRR OR SECTORAL REGULATIONS, CONSISTENT WITH THE OBJECTIVES OF THIS ACT AND WITH DUE PROCESS REQUIREMENTS. IN DETERMINING THE APPROPRIATE SANCTION OR COMBINATION OF SANCTIONS, THE REGULATOR OR COMPETENT AUTHORITY SHALL BE GUIDED BY THE PRINCIPLES OF NECESSITY AND PROPORTIONALITY, TAKING INTO ACCOUNT THE BEST INTERESTS OF THE CHILD, THE SERIOUSNESS AND SYSTEMIC NATURE OF THE VIOLATION, THE

RESPONDENT'S ROLE IN THE OSAEC/CSAEM ECOSYSTEM, AND THE NEED TO DETER FUTURE VIOLATIONS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, DIMINISH, OR OTHERWISE PREJUDICE THE EXISTING SANCTIONING AND SUPERVISORY POWERS OF REGULATORS SUCH AS THE BSP, SEC, NTC, NPC, DEPED, CHED, TESDA, DTI, LGUS, AND OTHER COMPETENT AUTHORITIES UNDER THEIR RESPECTIVE CHARTERS AND SPECIAL LAWS. THE ADMINISTRATIVE SANCTIONS UNDER THIS ACT MAY BE IMPOSED IN ADDITION TO, AND NOT IN SUBSTITUTION FOR, ANY SANCTIONS AVAILABLE UNDER SUCH OTHER LAWS."

Section 11. All succeeding section/s are hereby renumbered accordingly.

Section 12. Section 14 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "SECTION 15. Extra-Territorial Jurisdiction. - The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed outside the Philippines and whether or not such act or acts constitute an offense at the place of commission, if the offense, being a continuing offense, was either commenced in the Philippines; or committed in another country: Provided, That in the case of the latter, the suspect or accused: (a) is a Filipino citizen, OR (b) IS A PERMANENT RESIDENT OF THE PHILIPPINES; OR (c) Has committed the act against a citizen of the Philippines."

Section 13. All succeeding section/s are hereby renumbered accordingly.

Section 14. Section 16 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "Section COOPERATION WITH FOREIGN LAW ENFORCEMENT IN OSAEC/CSAEM CASES. - Recognizing the transnational nature of OSAEC and CSAEM, PHILIPPINE LAW ENFORCEMENT AGENCIES SHALL, AS PART OF THEIR STANDARD INVESTIGATIVE PROTOCOLS, PROACTIVELY ASSESS WHETHER ANY OSAEC OR CSAEM CASE UNDER INVESTIGATION HAS A FOREIGN NEXUS, INCLUDING BY EXAMINING, WHERE AVAILABLE, IP ADDRESSES, DOMAIN NAMES, FOREIGN-BASED PLATFORMS OR SERVICES USED,

FOREIGN PAYMENT CHANNELS OR COUNTERPARTIES, AND OTHER RELEVANT DIGITAL OR FINANCIAL INDICATORS. WHERE THE FACTS INDICATE, OR REASONABLY SUGGEST, A FOREIGN NEXUS, PHILIPPINE LAW ENFORCEMENT AGENCIES MAY, CONSISTENT WITH THIS ACT AND OTHER APPLICABLE LAWS, DIRECTLY EXCHANGE INFORMATION, DIGITAL FORENSIC RESULTS, AND OTHER RELEVANT EVIDENCE WITH COMPETENT FOREIGN LAW-ENFORCEMENT AUTHORITIES, DESIGNATED 24/7 POINTS OF CONTACT, AND INTERNATIONALLY RECOGNIZED HOTLINES OR CLEARINGHOUSES, FOR PURPOSES OF IDENTIFYING AND SAFEGUARDING VICTIMS, IDENTIFYING OFFENDERS, AND CONDUCTING PARALLEL OR JOINT INVESTIGATIONS, WHETHER OR NOT A FORMAL TREATY, BILATERAL AGREEMENT, OR OPERATIONAL ARRANGEMENT IS IN PLACE, AND WITHOUT PREJUDICE TO THE USE OF MUTUAL LEGAL ASSISTANCE TREATY (MLAT) CHANNELS WHERE REQUIRED BY THE LAW OF THE RECEIVING JURISDICTION FOR ADMISSIBILITY OR ENFORCEMENT. IT IS HEREBY RECOGNIZED THAT THE CONCEPT OF PERSONAL KNOWLEDGE AS APPLIED IN OSAEC AND CSAEM CASES SHOULD REFLECT THE DIGITAL NATURE OF THESE OFFENSES. THUS, FOR PURPOSES OF APPLYING FOR SEARCH WARRANTS, CYBER WARRANTS, OR OTHER JUDICIAL PERSONAL KNOWLEDGE SHALL BE AUTHORIZATIONS, DEEMED TO INCLUDE THE VERIFIED REVIEW, EXAMINATION AND ANALYSIS BY A COMPETENT PHILIPPINE LAW ENFORCEMENT AUTHORITY OF THE INFORMATION DESCRIBED IN THE PARAGRAPH ABOVE, WHICH INCLUDES CYBER TIPLINE REPORTS FROM THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN (NCMEC) AND OTHER SIMILAR TIP LINES, AND MAY SERVE AS THE SOLE BASIS FOR SUCH APPLICATIONS. WHERE THE REVIEWED AND ANALYZED INFORMATION TRANSMITTED BY FOREIGN LAW ENFORCEMENT AGENCIES OR NCMEC ESTABLISHES (1) THE IDENTITY OF THE OFFENDER, (2) THAT THE OFFENSE IS CONTINUING IN NATURE, THE IDENTITY OF THE OFFENDER, AND THAT (3) DELAY WOULD ENDANGER A CHILD, THE PHILIPPINE LAW ENFORCEMENT OFFICER MAY LAWFULLY EFFECT A WARRANTLESS ARREST ON THE GROUND THAT AN OFFENSE IS BEING COMMITTED, OR HAS JUST BEEN COMMITTED, AND THE OFFICER HAS PERSONAL KNOWLEDGE OF FACTS

INDICATING THAT THE PERSON TO BE ARRESTED COMMITTED IT. NOTWITHSTANDING THE DEFINITION OF A CHILD UNDER

SECTION 3(A) OF THE LAW, THE TERM "CHILD" AS USED IN

THE PARAGRAPH ABOVE SHALL ONLY REFER TO ONE WHO IS BELOW EIGHTEEN YEARS OF AGE OR AGE EIGHTEEN OR ABOVE BUT IS UNABLE TO FULLY TAKE CARE OF OR PROTECT HIMSELF OR HERSELF FROM ABUSE, NEGLECT, CRUELTY, EXPLOITTION OR DISCRIMINATION, BECAUSE OF PHYSICAL, MENTAL, INTELLECTUAL, OR SENSORY DISABILITY OR CONDITION.

Section 15. - Section 17 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "SECTION 18. Authority of Law Enforcement Agencies TO RETAIN AND SHARE EVIDENCE IN OSAEC/CSAEM CASES. (A.) RETENTION NOTWITHSTANDING REPUBLIC ACT NO. 10175. - Notwithstanding the provisions of Sections 15 and 16 of Republic Act No. 10175, AND ANY CONTRARY LIMITATION IN OTHER LAWS, WHENEVER A WARRANT, ORDER, OR OTHER LAWFUL PROCESS IS ISSUED IN CONNECTION WITH AN INVESTIGATION OR PROSECUTION OF OFFENSES UNDER THIS ACT, LAW- ENFORCEMENT AUTHORITIES, shall be authorized to retain COPIES OF: (1.) COMPUTER DATA, TRAFFIC DATA, AND CONTENT DATA ACQUIRED, SEIZED, DISCLOSED, OR PRODUCED PURSUANT TO SUCH PROCESS; (2.) RESULTS OF DIGITAL FORENSIC EXAMINATIONS, INCLUDING FORENSIC IMAGES, ARTIFACTS, AND EXAMINATION REPORTS; AND (3.) OTHER EVIDENCE, WHETHER PHYSICAL, DOCUMENTARY, ELECTRONIC, OR DIGITIZED, LAWFULLY OBTAINED IN THE COURSE OF THE INVESTIGATION, INCLUDING MATERIALS PRODUCED PURSUANT SUBPOENA, VOLUNTARY CONSENT, PRESERVATION-AND- DISCLOSURE REQUESTS, OR OTHER LAWFUL MECHANISMS. (B.) PERMISSIBLE USES- RETAINED EVIDENCE UNDER

THIS SECTION MAY BE USED, WITHIN AND OUTSIDE THE PHILIPPINES, TO: (1.) IDENTIFY, LOCATE, AND SAFEGUARD ADDITIONAL CHILD VICTIMS, AS WELL AS POTENTIAL VICTIMS AT RISK; (2.) IDENTIFY, LOCATE, AND BUILD CASES AGAINST SUSPECTS, CO-CONSPIRATORS, FACILITATORS, AND OTHER OFFENDERS; (3.) CONDUCT FURTHER INVESTIGATION, FINANCIAL TRACING, CASE BUILD-UP, AND DECONFLICTION ACROSS RELATED CASES OR REFERRALS; AND CRIMINAL (4.) SUPPORT INVESTIGATIONS, PROSECUTIONS, FORFEITURE OR FREEZING PROCEEDINGS, AND RELATED JUDICIAL OR ADMINISTRATIVE PROCEEDINGS IN THE PHILIPPINES AND, WHERE A FOREIGN NEXUS HAS BEEN DETERMINED PURSUANT TO SECTION 16 OF THIS ACT. (C.) CROSS-BORDER SHARING FOR INVESTIGATIVE AND EVIDENTIARY USE. - WHERE LAW-ENFORCEMENT AUTHORITIES DETERMINE THAT AN OSAEC AND/OR SAEM CASE HAS A FOREIGN NEXUS, THEY MAY DIRECTLY SHARE RETAINED EVIDENCE, INCLUDING DIGITAL EVIDENCE AND CERTIFIED COPIES THEREOF, WITH COMPETENT FOREIGN LAW-ENFORCEMENT AUTHORITIES OR DESIGNATED 24/7 POINTS OF CONTACT FOR USE IN INVESTIGATIONS OR JUDICIAL OR QUASI-JUDICIAL PROCEEDINGS ABROAD, SUBJECT TO THE FOLLOWING SAFEGUARDS: (1.) PHILIPPINE AUTHORITIES SHALL MAINTAIN AND PRESERVE CHAIN-OF-CUSTODY RECORDS AND, WHERE NECESSARY, PROVIDE CERTIFICATIONS OR ATTESTATIONS CONCERNING AUTHENTICITY, PROVENANCE, INTEGRITY, AND MANNER OF COLLECTION REQUIRED FOR ADMISSIBILITY IN THE RECEIVING JURISDICTION; (2.) THE RECEIVING AUTHORITY SHALL BE INFORMED THAT THE MATERIALS ARE FURNISHED FOR THE SPECIFIC INVESTIGATION OR PROCEEDING IDENTIFIED IN THE TRANSMITTAL, AND PHILIPPINE AUTHORITIES SHALL REQUEST USE-

LIMITATIONS, CONFIDENTIALITY UNDERTAKINGS, AND CHILD-PROTECTION SAFEGUARDS CONSISTENT WITH APPLICABLE LAW; AND (3.) PERSONALLY IDENTIFIABLE INFORMATION OF CHILDREN AND SENSITIVE VICTIM DATA SHALL PROTECTED; REDACTIONS, PSEUDONYMIZATION, OR OTHER PROTECTIVE MEASURES SHALL APPLIED WHERE CONSISTENT WITH INVESTIGATIVE NEEDS, DUE PROCESS, AND CHILD-PROTECTION REQUIREMENTS. DIRECT SHARING OF EVIDENCE UNDER THIS SUBSECTION SHALL NOT BE CONDITIONED ON THE PRIOR EXISTENCE OF, OR PRIOR REQUEST UNDER, A MUTUAL LEGAL ASSISTANCE TREATY (MLAT), AGREEMENT, OR SIMILAR INSTRUMENT, WITHOUT PREJUDICE TO SUBSEQUENT FORMALIZATION OR SUPPLEMENTARY TRANSMISSION THROUGH SUCH CHANNELS WHERE REQUIRED BY THE LAW OF THE RECEIVING STATE. (D.) DOMESTIC SHARING AND PARALLEL USE. - RETAINED EVIDENCE MAY LIKEWISE BE SHARED AMONG COMPETENT PHILIPPINE LAW-ENFORCEMENT AGENCIES, OTHER GOVERNMENT AGENCIES MANDATED TO INVESTIGATE OR ASSIST IN THE INVESTIGATION OF OSAEC AND CSAEM CASES, AND GOVERNMENT PROSECUTORS HANDLING RELATED CASES, FOR PARALLEL INVESTIGATIONS AND PROSECUTIONS, VICTIM-IDENTIFICATION, FINANCIAL TRACING, AND DECONFLICTION, SUBJECT TO APPLICABLE CONFIDENTIALITY, DATA-PROTECTION, EVIDENTIARY RULES. (E.) RETENTION PERIOD AND DISPOSITION. -EVIDENCE RETAINED UNDER THIS SECTION SHALL BE KEPT ONLY FOR AS LONG AS IS REASONABLY NECESSARY FOR THE PURPOSES SET OUT IN PARAGRAPH (B), OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, PRESCRIPTION PERIODS, OR COURT ORDERS. UPON THE LAPSE OF SUCH PERIOD, AND SUBJECT TO PRESERVATION OBLIGATIONS PENDING PROCEEDINGS, SECURE DELETION, ARCHIVAL UNDER CONTROLLED OTHER LAWFUL ACCESS, DISPOSITION SHALL BE UNDERTAKEN, WITH DUE

REGARD TO CHILD-PROTECTION AND THE NEED TO PREVENT RE-VICTIMIZATION. (F.) IMPLEMENTING RULES. - WITHIN ONE HUNDRED TWENTY (120) DAYS FROM THE EFFECTIVITY OF THIS ACT, THE DEPARTMENT OF JUSTICE, IN COORDINATION WITH THE NCC-OSAEC-CSAEM SECRETARIAT, NBI, PNP, AND OTHER INVESTIGATIVE BODIES CONCERNED, SHALL ISSUE RULES AND STANDARD OPERATING PROCEDURES TO IMPLEMENT THIS SECTION, INCLUDING: (1.) STANDARD TEMPLATES FOR CERTIFICATIONS AND ATTESTATIONS ACCOMPANYING SHARED EVIDENCE; (2.) MINIMUM CHAIN-OF-CUSTODY AND DOCUMENTATION FOR REQUIREMENTS RETAINED AND TRANSMITTED EVIDENCE; (3.) GUIDANCE ON MINIMIZATION, REDACTION, AND OTHER PROTECTIVE MEASURES FOR CHILD- VICTIM DATA; AND (4.) PROTOCOLS FOR SECURE STORAGE, ACCESS CONTROL, LOGGING, AND EVENTUAL DISPOSITION OF RETAINED EVIDENCE. THE AUTHORITY OF LAW ENFORCEMENT AGENCIES TO RETAIN AND SHARE EVIDENCE UNDER THIS SECTION SHALL BE IMMEDIATELY OPERATIVE UPON THE EFFECTIVITY OF THIS ACT AND SHALL NOT BE DELAYED OR SUSPENDED BY THE NON-ISSUANCE OR DELAYED ISSUANCE OF THE IMPLEMENTING RULES AND PROCEDURES. PENDING SUCH ISSUANCE, LAW ENFORCEMENT AGENCIES SHALL EXERCISE THIS AUTHORITY IN ACCORDANCE WITH THIS ACT. THESE RULES SHALL BE DESIGNED TO FACILITATE TIMELY, SECURE, AND ADMISSIBLE USE OF EVIDENCE IN OSAEC AND CSAEM CASES, BOTH DOMESTICALLY AND IN COOPERATION WITH FOREIGN AUTHORITIES, WITHOUT UNNECESSARILY DELAYING OPERATIONAL SHARING NEEDED TO RESCUE CHILDREN OR DISRUPT OFFENDERS. "

Section 16. - A new Section 19 is hereby inserted into Republic Act No. 11930, to

read as follows:

"SECTION. 19. INTER-AGENCY INFORMATION-SHARING IN OSAEC AND CSAEM CASES. - (A) COVERAGE. - THIS SECTION APPLIES TO LAW- ENFORCEMENT AGENCIES, PROSECUTION OFFICES, AND OTHER INVESTIGATIVE BODIES MANDATED BY LAW TO INVESTIGATE, ASSIST IN THE INVESTIGATION OF, OR PROSECUTE OSAEC AND/OR CSAEM CASES, AS MAY BE IDENTIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR). NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AMEND OR LIMIT THE SPECIALIZED INFORMATION-SHARING FRAMEWORKS APPLICABLE TO THE ANTI-MONEY LAUNDERING COUNCIL (AMLC) UNDER THE ANTI-MONEY LAUNDERING ACT OF 2001 (AMLA) AND SECTION 36 OF THIS ACT. (B) DUTY TO SHARE RELEVANT INFORMATION. - SUBJECT TO THEIR RESPECTIVE MANDATES AND LAWFUL RESTRICTIONS, THE ENTITIES MENTIONED IN THE PRECEDING PARAGRAPH SHALL, ON THEIR OWN INITIATIVE OR UPON REQUEST, SHARE WITH ONE ANOTHER TIMELY AND RELEVANT INFORMATION, ANALYTICAL INTELLIGENCE, REFERRALS, AND PRODUCTS REASONABLY NECESSARY FOR: (1) CHILD PROTECTION AND RESCUE; (2) DETECTION, (3) INVESTIGATION, AND CASE BUILD-UP; IDENTIFICATION OF VICTIMS AND OFFENDERS; AND (4) THE PREPARATION AND CONDUCT OF PROSECUTIONS UNDER THIS ACT AND RELATED LAWS. (C) MODALITIES, INCLUDING PICACC. - INFORMATION- SHARING UNDER THIS SECTION MAY BE EFFECTED THROUGH: (1) DIRECT BILATERAL OR MULTILATERAL COORDINATION; (2) THE COORDINATING ROLE OF THE NCC-OSAEC-CSAEM SECRETARIAT, INCLUDING THROUGH ITS NATIONAL DATABASES AND CASE- TRACKING SYSTEMS; AND (3) FOR CASES WITH A FOREIGN NEXUS, THROUGH THE PHILIPPINE INTERNET CRIMES AGAINST CHILDREN CENTER (PICACC), CONSISTENT WITH ITS MANDATE AND IRR. THE IRR SHALL SPECIFY THE MINIMUM DATA ELEMENTS, STANDARD FORMATS, TIMELINES, AND FOCAL POINTS (D) IMPLEMENTING RULES. - THE DEPARTMENT OF THROUGH THE NCC-OSAEC-CSAEM JUSTICE, SECRETARIAT, IN COORDINATION WITH CONCERNED

LAW-ENFORCEMENT AGENCIES AND PROSECUTION OFFICES, SHALL ISSUE DETAILED PROTOCOLS TO IMPLEMENT THIS SECTION WITHIN ONE HUNDRED TWENTY (120) DAYS FROM EFFECTIVITY OF THIS ACT. THE DUTIES AND AUTHORITIES IN THIS SECTION, HOWEVER, SHALL BE IMMEDIATELY EFFECTIVE UPON EFFECTIVITY OF THIS ACT AND SHALL NOT BE DEPENDENT ON THE PRIOR ISSUANCE OF SUCH PROTOCOLS. "

Section 17. - A new Section 20 is hereby inserted into Republic Act No. 11930, to

read as follows: "SECTION 20. HANDLING OF CYBERTIPLINE REPORTS AND INTERNATIONAL CHILD-PROTECTION HOTLINES. - (A) SCOPE. — THIS SECTION SHALL APPLY TO REPORTS, REFERRALS, OR NOTIFICATIONS RELATING TO OSAEC AND/OR CSAEM TRANSMITTED BY FOREIGN OR INTERNATIONAL CHILD-PROTECTION HOTLINES, CLEARINGHOUSES, SPECIALIZED DATABASES, OR SIMILAR ENTITIES THAT FUNCTION AS CENTRALIZED REPORTING OR TRIAGE HUBS FOR ONLINE CHILD SEXUAL ABUSE OR EXPLOITATION MATERIAL,INCLUDING BUT NOT LIMITED TO THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN (NCMEC) CYBERTIPLINE OR THEIR SUCCESSORS. (B) PRIMARY RECEIVING AUTHORITY. - CONSISTENT WITH REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS THE "CYBERCRIME PREVENTION ACT OF 2012," AND ITS IMPLEMENTING RULES AND REGULATIONS, THE DEPARTMENT OF JUSTICE-OFFICE OF CYBERCRIME (DOJ-OOC) SHALL REMAIN THE PRIMARY PHILIPPINE RECIPIENT OF REPORTS, NOTIFICATIONS, OR SUBMISSIONS COVERED BY THIS SECTION. (C) TIMELY SHARING WITH NCC-OSAEC-CSAEM SECRETARIAT. - THE DOJ-OOC SHALL, WITHIN TWENTY-FOUR (24) HOURS FROM RECEIPT, AND IN A MANNER CONSISTENT WITH APPLICABLE CONFIDENTIALITY, DATA-PRIVACY, AND INFORMATION-SECURITY RULES, TRANSMIT TO AND SHARE WITH THE DOJ NCC-OSAEC-CSAEM SECRETARIAT ALL SUCH REFERRALS AND REPORTS THAT RELATE TO OSAEC AND/OR SAEM, TOGETHER WITH AVAILABLE METADATA AND ATTACHMENTS

REASONABLY NECESSARY FOR JOINT TRIAGE, DE- DUPLICATION, AND CASE INITIATION. (D) SHARED SYSTEM AND ANALYTICS - THE DOJ-OOC AND THE DOJ NCC-OSAEC-CSAEM SECRETARIAT SHALL ESTABLISH AND MAINTAIN SECURE, AUDITABLE, AND, WHERE PRACTICABLE, AUTOMATED MECHANISMS THAT ENABLE THE NCC-OSAEC-CSAEM SECRETARIAT TO HAVE TIMELY AND DIRECT ACCESS TO OSAEC/CSAEM- SPECIFIC REPORTS AND DATA RECEIVED UNDER THIS SECTION, INCLUDING THROUGH SHARED CASE- MANAGEMENT SYSTEMS, DASHBOARDS, OR DATA FEEDS, SUBJECT TO APPLICABLE AGREEMENTS WITH FOREIGN OR INTERNATIONAL PARTNERS. (E) JOINT TRIAGE, ASSIGNMENT, AND COORDINATION. - THE DOJ-OOC AND THE DOJ NCC-OSAEC-CSAEM SECRETARIAT SHALL JOINTLY UNDERTAKE THE TRIAGE, PRIORITIZATION, AND NATIONAL-LEVEL DECONFLICTION, AND ASSIGNMENT OF SUCH REFERRALS AND REPORTS TO APPROPRIATE LAW ENFORCEMENT UNITS. THE DOJ NCC-OSAEC-CSAEM SECRETARIAT SHALL PROVIDE RISK ASSESSMENTS, PRIORITIZATION CRITERIA, AND COORDINATION INPUTS, AND SHALL MONITOR THE HANDLING AND DISPOSITION OF SUCH REFERRALS IN ACCORDANCE WITH THIS ACT AND RELATED LAWS. (F) ENGAGEMENT WITH CHILD-PROTECTION CLEARINGHOUSES . - NOTHING IN THIS ACT OR IN REPUBLIC ACT NO. 10175 SHALL BE CONSTRUED TO PREVENT THE DOJ NCC-OSAEC-CSAEM SECRETARIAT, IN COORDINATION WITH THE DOJ-OOC AND THE DEPARTMENT OF FOREIGN AFFAIRS (DFA), FROM ENTERING INTO AGREEMENTS WITH FOREIGN OR INTERNATIONAL CHILD-PROTECTION HOTLINES, CLEARINGHOUSES, SPECIALIZED DATABASES, OR SIMILAR ENTITIES TO RECEIVE OSAEC/CSAEM- SPECIFIC REFERRALS OR ANALYTICAL PRODUCTS DIRECTLY, CONSISTENT WITH APPLICABLE INTERNATIONAL OBLIGATIONS, DOMESTIC LAW, AND DATA-PROTECTION STANDARDS. (G) IMPLEMENTING RULES. - WITHIN ONE HUNDRED TWENTY (120) DAYS FROM THE EFFECTIVITY OF THIS ACT, THE DOJ-OOC AND THE DOJ NCC-OSAEC-CSAEM SECRETARIAT, IN COORDINATION WITH THE PNP, NBI, AND OTHER CONCERNED AGENCIES, SHALL ISSUE

JOINT RULES SPECIFYING, AMONG OTHERS: (1) MINIMUM DATA FIELDS AND FORMATS; (2) TIMELINES AND ESCALATION CRITERIA FOR TRIAGE AND ASSIGNMENT; (3) MECHANISMS FOR DECONFLICTION AND FEEDBACK; (4) SAFEGUARDS FOR THE PROTECTION OF SENSITIVE DATA. THE DUTIES AND AUTHORITIES IN PARAGRAPHS (B) TO (E) SHALL, HOWEVER, BE IMMEDIATELY EFFECTIVE UPON THE EFFECTIVITY OF THIS ACT AND SHALL NOT BE DEPENDENT ON THE PRIOR ISSUANCE OF SUCH RULES. "

Section 18. All succeeding section/s are hereby renumbered accordingly.

Section 19. Section 19 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "SECTION 22. Jurisdiction. - Jurisdiction over CRIMINAL cases for the violation of this Act shall be vested in the Family Court which has territorial jurisdiction over the place where the offense or any of its essential elements was committed pursuant to Republic Act No. 8369, otherwise known as the "Family Courts Act of 1997,": Provided, That the court shall not require the presence of a child victim during the trial and that the child shall testify in accordance with "Rule on Examination of a Child Witness, ," as may be provided by the Supreme Court and the Rules of Court. JURISDICTION OVER ADMINISTRATIVE ACTIONS FOR VIOLATION OF THIS ACT, HOWEVER, SHALL BE VESTED WITH THE CONCERNED REGULATORY AGENCIES."

Section 20. - All succeeding section/s are hereby renumbered accordingly.

Section 21. — Section 21 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "SECTION 24. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation, prosecution and trial of an offense under this Act. Towards this end, the following rules shall be observed: XXXX

(c) Any record regarding a child shall be confidential and kept under seal except upon written request and order of the court, a record shall be released only to the following: (1) Members of the court staff for administrative use; (2) The prosecuting attorney; (3) Defense counsel; (4) The guardian ad litem; (5) Agents of investigating law enforcement agencies; and (6) Other persons as determined by the court. THE RECORDED INTERVIEW OF A CHILD MAY BE VIEWED FOR ACADEMIC OR RESEARCH PURPOSES, PROVIDED THAT WRITTEN INFORMED CONSENT IS OBTAINED FROM BOTH THE CHILD, WHEN DEVELOPMENTALLY APPROPRIATE, AND THE CHILD'S PARENT OR LEGAL GUARDIAN. THE VIEWING OF RECORDED INTERVIEWS IS USED SOLELY FOR EDUCATIONAL OR SCHOLARLY PURPOSES AND IS NOT REPRODUCED, PUBLISHED, OR DISTRIBUTED WITHOUT PRIOR WRITTEN AUTHORIZATION FROM THE CHILD AND PARENT OR GUARDIAN."

Section 22. - All succeeding section/s are hereby renumbered accordingly.

Section 23. — Section 28 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "SECTION 31. Programs for Victims of Child Sexual Abuse or Exploitation. - The National Coordination Center against OSAEC and CSAEM created under SECTION 33 of this Act shall develop and implement the necessary programs that will prevent any form of child sexual abuse or exploitation, as well as protect, heal and reintegrate the child or children into the mainstream of society. Such programs shall include the (a) provision of mandatory services including counseling, free legal services, medical or psychological services, livelihood and skills training and educational assistance to the child or children and their families; (b) sponsorship of a national research program on OSAEC and CSAEM and the establishment of a data collection system for monitoring and evaluation purpose;

(c) provision of necessary technical and material support services to appropriate government agencies and nongovernment organizations (NGOS); (d) sponsorship of conferences and seminars to provide a venue for consensus building amongst the public, the academe, government, nongovernment and international organizations; (e) promotion of SUSTAINED, AGE-APPROPRIATE, CULTURALLY SENSITIVE, AND EVIDENCE-BASED INFORMATION, AWARENESS, AND EDUCATION PROGRAMS ON SAFE AND RESPONSIBLE ONLINE BEHAVIOR, DIGITAL SAFETY, AND THE PREVENTION OF OSAEC AND CSAEM, IN PARTNERSHIP WITH RELEVANT GOVERNMENT AGENCIES, SCHOOLS, PARENTS, SERVICE COMMUNITY ORGANIZATIONS, AND ONLINE PROVIDERS; and (f) provision of programs developed for purposes of intervention and diversion, as well as rehabilitation of the child victim, for reintegration into the family of the child or community. TOWARDS THIS END, THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF THIS ACT SHALL INCLUDE, AMONG OTHER OTHERS, THE PROGRAMS AND SERVICES OF VARIOUS GOVERNMENT AGENCIES AND RELEVANT STAKEHOLDERS, EMPHASIZING THE PREVENTIVE, PROTECTIVE, AND REHABILITATIVE PROGRAMS FOR VICTIMS OF OSAEC-CSAEM. "

Section 24. - All succeeding section/s are hereby renumbered accordingly.

Section 25. - Section 30 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "SECTION 33. National Coordination Center against OSAEC and CSAEM. - xxxX xXx xxx xxX THE NCC-OSAEC-CSAEM SHALL ALSO HAVE THE FOLLOWING POWERS AND FUNCTIONS: (A.) POLICY FUNCTIONS. - PRESCRIBE, ADOPT, AND RECOMMEND RULES, REGULATIONS, GUIDELINES, AND MEASURES NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT, INCLUDING PROPOSED JOINT CIRCULARS AND IMPLEMENTING RULES

WITH CONCERNED AGENCIES, SUBJECT TO THE REVIEW AND APPROVAL OF THE IACAT; (B.) INTERNAL GOVERNANCE.- PRESCRIBE, ADOPT, ISSUE AND ENACT SUCH INTERNAL RULES, RESOLUTIONS AND ISSUANCES NECESSARY FOR THE EFFECTIVE PERFORMANCE OF ITS MANDATES AND EFFICIENT ADMINISTRATION OF ITS AFFAIRS, INCLUDING THE APPROVAL AND PERIODIC REVIEW OF A MULTI-YEAR NATIONAL STRATEGIC ACTION PLAN ON OSAEC AND CSAEM; (C.) DELEGATION. - DELEGATE ANY OF ITS POWERS TO THE NCC-OSAEC-CSAEM SECRETARIAT EXECUTIVE DIRECTOR AND/OR OTHER OFFICERS AS IT MAY DEEM APPROPRIATE SO AS TO EXPEDITE THE ADMINISTRATION OF ITS AFFAIRS; (D.) COORDINATION OF MULTI-AGENCY MECHANISMS. - PROVIDE STRATEGIC DIRECTION COORDINATION FOR MULTI-AGENCY MECHANISMS CREATED UNDER THIS ACT, INCLUDING NATIONAL DATA-HARMONIZATION REFERRAL PATHWAYS INFORMATION-SHARING EFFORTS, ARRANGEMENTS, WITHOUT PREJUDICE TO THE STATUTORY MANDATES AND OPERATIONAL INDEPENDENCE OF PARTICIPATING AGENCIES; AND (E.) RESIDUAL AUTHORITY.- EXERCISE ALL THE POWERS AND PERFORM SUCH OTHER FUNCTIONS NECESSARY TO ATTAIN THE PURPOSES AND OBJECTIVES OF THIS ACT. "

Section 26. - Section 31 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "SECTION 34. Secretariat. - the NCC-OSAEC-CSAEM shall have its own secretariat TO PROVIDE TECHNICAL, ADMINISTRATIVE, AND OPERATIONAL SUPPORT FOR THE FUNCTIONS, PROGRAMS, AND PROJECTS OF THE NCC-OSAEC-CSAEM AND SHALL HAVE THE FOLLOWING FUNCTIONS: (A.) PROGRAM IMPLEMENTATION ENSURE EFFECTIVE AND EFFICIENT PERFORMANCE OF FUNCTIONS AND PROMPT IMPLEMENTATION OF OBJECTIVES, POLICIES, PLANS AND PROGRAMS OF THE NCC-OSAEC-CSAEM;

(B.) COORDINATION. - COORDINATE AND MONITOR THE IMPLEMENTATION OF THE PROGRAMS, POLICIES, AND GUIDELINES PROMULGATED BY THE IACAT THROUGH THE NCC-OSAEC-CSAEM; (C.) DATA AND INFORMATION SYSTEMS - MAINTAIN AND MANAGE AN INTEGRATED SET OF MONITORING, CASE-MANAGEMENT, AND POLICY- RELEVANT DATABASES AND INFORMATION SYSTEMS ENVISIONED IN SECTION 33 (b) AND (d), INCLUDING SUCH REGISTRIES AND BLACKLISTS AS MAY BE CREATED UNDER THIS ACT, AS WELL AS OTHER DATASETS NECESSARY FOR TREND ANALYSIS, RISK ASSESSMENT, PROGRAM DESIGN, AND IMPACT MONITORING. THE SECRETARIAT SHALL ENSURE THE SECURITY, INTEGRITY, INTEROPERABILITY, AND CONTROLLED ACCESS OF THESE SYSTEMS IN ACCORDANCE WITH THE DATA PRIVACY ACT AND OTHER RELEVANT LAWS; (D.) REFERRAL PATHWAYS AND POINT-OF-CONTACT. - OVERSEE THE NATIONAL REFERRAL PATHWAY PROTOCOLS FOR OSAEC AND CSAEM, AND OPERATE OR SUPPORT THE POINT-OF-CONTACT AND COORDINATION SYSTEM ENVISIONED IN SECTION 33(e) FOR THE RECEIPT, TRIAGING, AND REFERRAL OF REPORTS FROM INTERNATIONAL AND DOMESTIC PARTNERS; (E.) INVESTIGATIVE ASSISTANCE. - PROVIDE ASSISTANCE TO LAW-ENFORCEMENT AGENCIES AND PROSECUTORS IN THE INVESTIGATION AND PROSECUTION OF OSAEC AND CSAEM CASES, INCLUDING OPEN-SOURCE INTELLIGENCE (OSINT), DATA ANALYSIS, DIGITAL FORENSIC CAPABILITIES FOR LAWFULLY OBTAINED ELECTRONIC EVIDENCE, SUCH AS FORENSIC IMAGING, EXAMINATION, HASH-MATCHING, DATA AND OTHER SPECIALIZED RECOVERY, TECHNIQUES, AND THE AUTHORITY TO ISSUE EXPEDITIOUS PRESERVATION REQUESTS OR ORDERS TO SERVICE PROVIDERS AND RELEVANT PRIVATE ENTITIES, WITHOUT PREJUDICE TO THE STATUTORY MANDATES AND OPERATIONAL POWERS OF THE PNP, NBI, AND OTHER COMPETENT AUTHORITIES; (F.) COMPLIANCE MONITORING SUPPORT. - ACT AS A

CENTRAL COORDINATION HUB, IN COOPERATION WITH THE DOJ-OOC, BSP, NTC, NPC, AMLC, AND OTHER RELEVANT REGULATORS, MONITORING OF COMPLIANCE OF INTERNET INTERMEDIARIES, PAYMENT SYSTEM PROVIDERS, AND OTHER PRIVATE-SECTOR ENTITIES WITH THEIR DUTIES UNDER THIS ACT, WITHOUT PREJUDICE TO THE SUPERVISORY AND ENFORCEMENT POWERS OF SUCH REGULATORS; (G.) SECRETARIAT TO MULTI-AGENCY BODIES. - PROVIDE SECRETARIAT, RECORDS-KEEPING, AND OTHER ADMINISTRATIVE AND TECHNICAL SERVICES TO THE NCC-OSAEC-CSAEM, AND, AS MAY BE DESIGNATED, TO OTHER MECHANISMS CREATED UNDER THIS ACT; (H.) RESEARCH, COMMUNICATIONS, AND REPORTING. - SUPPORT THE NATIONAL RESEARCH PROGRAM, COMMUNICATION, EDUCATION, AND INFORMATION AND DATA CAMPAIGNS, COLLECTION ENVISIONED IN SECTION 33(b), (c), (d), AND (f); AND SUBMIT PERIODIC REPORTS TO THE IACAT, THROUGH THE NCC-OSAEC-CSAEM, ON THE PROGRESS OF OBJECTIVES, POLICIES, PLANS, AND PROGRAMS UNDER THIS ACT; (I.) RESOURCE PLANNING. - PROPOSE EFFECTIVE ALLOCATIONS OF RESOURCES FOR IMPLEMENTING OBJECTIVES, POLICIES, PLANS, AND PROGRAMS, INCLUDING RECOMMENDATIONS ON THE USE OF ANY TRUST FUND OR SPECIAL ACCOUNT ESTABLISHED UNDER THIS ACT TO SUPPORT PREVENTION, ENFORCEMENT, DIGITAL-FORENSIC, DATA, AND VICTIM-SUPPORT CAPACITIES; AND (J.) RESIDUAL FUNCTIONS. - PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR INHERENT TO THE FOREGOING, OR AS MAY BE DIRECTED BY THE IACAT, THROUGH THE NCC-OSAEC-CSAEM, CONSISTENT WITH THIS ACT."

Section 27. - A new Section 35 is hereby inserted into Republic Act No. 11930, to

read as follows: "SECTION 35. EXECUTIVE DIRECTOR OF THE NCC-OSAEC- - THE NCC-OSAEC-CSAEM CSAEM SECRETARIAT. SECRETARIAT SHALL BE HEADED BY AN EXECUTIVE

DIRECTOR WHO SHALL BE APPOINTED BY THE SECRETARY OF JUSTICE, UPON RECOMMENDATION OF THE NCC-OSAEC- CSAEM. THE EXECUTIVE DIRECTOR MUST POSSESS AND DEMONSTRATED SUBSTANTIAL KNOWLEDGE, TRAINING, AND EXPERIENCE IN ANTI-OSAEC AND CSAEM WORK, AND AT LEAST ONE (1) OF THE FOLLOWING FIELDS: LAW OR PROSECUTION; LAW ENFORCEMENT; INFORMATION AND COMMUNICATIONS TECHNOLOGY OR CYBERSECURITY; SOCIAL WORK OR CHILD PROTECTION; OR RELATED FIELDS RELEVANT TO THE IMPLEMENTATION OF THIS ACT. THE EXECUTIVE DIRECTOR SHALL BE UNDER THE SUPERVISION OF THE IACAT, THROUGH THE SECRETARY OF JUSTICE, AND SHALL PERFORM THE FOLLOWING FUNCTIONS: (A) ACT AS THE ADMINISTRATIVE HEAD OF THE SECRETARIAT, AND DIRECT AND MANAGE ITS AFFAIRS, PERSONNEL, AND RESOURCES, SUBJECT TO EXISTING CIVIL SERVICE AND BUDGETARY LAWS AND REGULATIONS; (B) ADVISE AND ASSIST THE NCC-OSAEC-CSAEM, THROUGH ITS CHAIR, IN FORMULATING AND IMPLEMENTING THE OBJECTIVES, POLICIES, PLANS, AND PROGRAMS UNDER THIS ACT, INCLUDING THOSE INVOLVING THE MOBILIZATION AND COORDINATION OF RELEVANT GOVERNMENT OFFICES, TASK FORCES, AND MECHANISMS AT THE NATIONAL AND REGIONAL LEVELS; (C) OVERSEE ALL OPERATIONAL ACTIVITIES OF THE SECRETARIAT, INCLUDING: (1) THE ESTABLISHMENT, MAINTENANCE, AND SECURITY OF NCC-OSAEC-CSAEM DATA SYSTEMS AND REGISTRIES ENVISIONED UNDER THIS ACT; (2) THE DEVELOPMENT AND IMPLEMENTATION OF DIGITAL-FORENSICS, OPEN-SOURCE INTELLIGENCE (OSINT), AND OTHER TECHNICAL CAPABILITIES NECESSARY TO SUPPORT INVESTIGATION, PROSECUTION, AND POLICY- MAKING; AND (3) THE SUPERVISION OF REGIONAL OFFICES OF

THE SECRETARIAT, WHERE ESTABLISHED; (D) ENSURE EFFECTIVE SUPPORT TO LAW-ENFORCEMENT AGENCIES, PROSECUTORS, COURTS, AND SERVICE PROVIDERS IN THE INVESTIGATION, PROSECUTION, AND AFTERCARE OF OSAEC AND CSAEM CASES, INCLUDING THE ISSUANCE AND IMPLEMENTATION, ON BEHALF OF THE NCC-OSAEC-CSAEM, OF PRESERVATION REQUESTS OR ORDERS TO SERVICE PROVIDERS AND OTHER OPERATIONAL DIRECTIVES AS MAY BE AUTHORIZED UNDER THIS ACT AND ITS IMPLEMENTING RULES AND REGULATIONS; (E) REPRESENT, OR DESIGNATE APPROPRIATE OFFICIALS OF THE SECRETARIAT IN INTER-AGENCY BODIES AND COORDINATION MECHANISMS ESTABLISHED UNDER THIS ACT, INCLUDING THOSE RELATING TO FINANCIAL INTELLIGENCE, INFORMATION SHARING, DIGITAL FORENSICS, AND INTERNATIONAL COOPERATION, SUBJECT TO THE DIRECTION AND POLICIES OF THE NCC-OSAEC- CSAEM; (F) ISSUE SUCH INTERNAL GUIDELINES, MEMORANDA, AND STANDARD OPERATING PROCEDURES AS MAY BE NECESSARY FOR THE EFFICIENT AND COORDINATED PERFORMANCE OF THE SECRETARIAT'S FUNCTIONS UNDER THIS ACT; AND (G) PERFORM SUCH OTHER FUNCTIONS AS THE NCC- OSAEC-CSAEM MAY ASSIGN, OR AS MAY BE NECESSARY, INCIDENTAL, OR RELATED TO THE EFFECTIVE PERFORMANCE OF THE FOREGOING, CONSISTENT WITH THIS ACT AND THE MANDATE OF THE IACAT. "

Section 28. - A new Section 36 is hereby inserted into Republic Act No. 11930, to

read as follows: "SECTION 36. REGIONAL PRESENCE. - TO STRENGTHEN THE IMPLEMENTATION OF THIS ACT AND ENSURE RESPONSIVE COORDINATION AT ALL LEVELS, THE NCC-OSAEC-CSAEM SHALL, SUBJECT TO THE AVAILABILITY OF FUNDS AND CONSISTENT WITH THE GENERAL APPROPRIATIONS ACT, ESTABLISH REGIONAL OFFICES UNDER THE SECRETARIAT. THE REGIONAL OFFICES SHALL, WITHIN THEIR RESPECTIVE AREAS OF JURISDICTION:

(1.) SERVE AS THE REGIONAL COORDINATION HUB FOR THE IMPLEMENTATION OF NCC-OSAEC-CSAEM PROGRAMS AND POLICIES, INCLUDING REFERRAL PATHWAYS, DATA COLLECTION, AND SUPPORT TO (2.) REGIONAL AND LOCAL INTER-AGENCY MECHANISMS; (3.) PROVIDE OPERATIONAL SUPPORT TO LAW- ENFORCEMENT AGENCIES, PROSECUTORS, AND LOCAL GOVERNMENT UNITS IN THE INVESTIGATION, PROSECUTION, AND AFTERCARE OF OSAEC AND CSAEM CASES, CONSISTENT WITH THE MANDATES OF THE SECRETARIAT UNDER THIS ACT; AND (4.) PERFORM SUCH OTHER FUNCTIONS AS MAY BE ASSIGNED BY THE NCC-OSAEC-CSAEM THROUGH THE SECRETARIAT, CONSISTENT WITH THIS ACT. THE SECRETARY OF JUSTICE, AS CHAIR OF THE IACAT, UPON RECOMMENDATION OF THE NCC-OSAEC-CSAEM, SHALL DETERMINE THE NUMBER, LOCATION, ORGANIZATIONAL STRUCTURE, AND STAFFING PATTERN OF THE REGIONAL OFFICES AND SHALL APPOINT THE ORGANIC PERSONNEL THEREOF, SUBJECT TO CIVIL SERVICE LAWS, RULES, AND THE REGULATIONS, AND TO THE APPROVAL OF DEPARTMENT OF BUDGET AND MANAGEMENT (DBM). THE APPROVED ORGANIZATIONAL STRUCTURE AND STAFFING PATTERN SHALL BE REFLECTED IN THE ANNUAL GENERAL APPROPRIATIONS ACT. "

Section 29. All succeeding section/s are hereby renumbered accordingly.

Section 30. - Section 34 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "Section 39. Blacklisting of Alien CHILD-SEX OFFENDERS AND HIGH-RISK FOREIGN NATIONALS. - In coordination with the Department of Foreign Affairs (DFA), the Bureau of Immigration (BI) and the DOJ shall ensure that all convicted offenders of OSAEC, CSAEM, AND OTHER SEXUAL OFFENSES or similar, equivalent, or RELATED crimes in other jurisdictions, or those aliens reported to or being monitored by Philippine AND FOREIGN law enforcement authorities for conducting OSAEC, CSAEM OR OTHER SEXUAL OFFENSES, OR THOSE ALINES WHO POSE A SERIOUS RISK OF COMMITTING OSAEC, SAEM OFFENSES, OR OTHER SEXUAL OFFENSES INVOLVING CHILDREN, shall not be allowed TO ENTER OR REMAIN in the Philippines.

In addition to its data system collection and database functions under

SECTION 37, the NCC-OSAEC-CSAEM SECRETARIAT shall create

and maintain an updated registry of blacklisted aliens based on the information from the DFA, BI, DOJ-NATIONAL PROSECUTION SERVICE, DOJ-OOC, DOJ-LEGAL, LOCAL AND FOREIGN LAW ENFORCEMENT FOREIGN OR AUTHORITIES, INTERNATIONAL CHILD-PROTECTION PARTNERS, FOREIGN SEX OFFENDER REGISTRIES OR EQUIVALENT DATABASES, INTERPOL NOTICES, AND SUCH OTHER RELIABLE INFORMATION, INCLUDING OPEN-SOURCE MATERIALS SUCH AS OFFICIAL PUBLIC REGISTRIES, COURT DECISIONS, AND REPORTS FROM REPUTABLE NEWS OR MEDIA ORGANIZATIONS, AS MAY BE FURTHER DEFINED IN THE IRR. FOR THIS PURPOSE, AND WITHOUT PREJUDICE TO OTHER GROUNDS FOR EXCLUSION OR DEPORTATION UNDER EXISTING LAWS, THE BI, IN COORDINATION WITH THE DOJ AND DFA, MAY DENY ENTRY, CANCEL OR REFUSE VISA ISSUANCE OR RENEWAL, OR ORDER THE EXCLUSION OR DEPORTATION OF ALIENS INCLUDED IN THE BLACKLIST. WITHIN ONE HUNDRED TWENTY (120) DAYS FROM THE EFFECTIVITY OF THIS ACT, THE BI, DOJ, PNP, NBI, DOJ-OOC, IN COORDINATION WITH THE NCC-OSAEC-CSAEM SECRETARIAT SHALL PROMULGATE THE IMPLEMENTING RULES AND REGULATIONS (IRR) FOR THIS SECTION, WHICH SHALL PRESCRIBE A DETAILED CRITERIA AND PROCEDURES FOR INCLUSION, REVIEW, AND POSSIBLE REMOVAL FROM THE BLACKLISTED ALIENS REGISTRY, INCLUDING: (1) STANDARDS OF CREDIBLE INFORMATION AND MINIMUM VERIFICATION; (2) COORDINATION AND DATA-EXCHANGE PROTOCOLS BETWEEN NCC-OSAEC-CSAEM SECRETARIAT AND OTHER RELEVANT AGENCIES AND ENTITIES (3) APPROPRIATE DUE-PROCESS AND PRIVACY SAFEGUARDS, WITHOUT PREJUDICE TO THE PARAMOUNT CONSIDERATION OF CHILD SAFETY AND THE PREVENTION OF OSAEC AND CSAEM. "

Section 31. Section 35 of RA 11930 on Age Verification Protocols is hereby deleted

and subsumed in Section 9(A), as amended.

Section 32. — Section 36 of Republic Act No. 11930 is hereby renumbered and

amended to read as follows: "SECTION 40. Authorized Sharing of Information. - The Anti-

Money Laundering Council (AMLC) shall share information relating to activities prohibited under this Act with the NCC-OSAEC-CSAEM, THROUGH ITS SECRETARIAT, for the purpose of INVESTIGATING and prosecuting offenders alleged to have committed such activities. THE DETAILS AND PARAMETERS OF SUCH INFORMATION SHARING, INCLUDING: (1) THE TYPES AND CATEGORIES OF INFORMATION THAT MAY BE SHARED; (2) THE MANNER, FORMAT, AND TIMELINES FOR SHARING; (3) THE DATA- SAFEGUARDS TO ENSURE CONFIDENTIALITY, PRIVACY, AND INFORMATION SECURITY; AND (4) THE CONDITIONS AND LIMITS FOR ANY ONWARD SHARING BY THE NCC-OSAEC-CSAEM SECRETARIAT, BY AMLA-COVERED INSTITUTIONS, AND BY BSP SUPERVISED INSTITUTIONS FOR PURPOSES OF THIS ACT, SHALL BE FURTHER SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS TO BE JOINTLY ISSUED BY THE AMLC, BSP, AND THE NCC-OSAEC-CSAEM SECRETARIAT, IN COORDINATION AND/OR CONSULTATION WITH LAW ENFORCEMENT AGENCIES, FINANCIAL INTERMEDIARIES AS DEFINED IN THIS ACT, AND OTHER RELEVANT GOVERNMENT ENTITIES AND STAKEHOLDERS. THE SAID IRR SHALL ALSO INCLUDE THE STRUCTURE, AND INFORMATION-SHARING DECISION-MAKING, PROTOCOL OF THE FINANCIAL INTELLIGENCE JOINT TASK FORCE ON OSAEC AND CSAEM (FIJTF) ESTABLISHED IN

SECTION 42 HEREOF."

Section 33. A new Section 40 is hereby inserted into Republic Act No. 11930, to

read as follows: "SECTION 41. INSTITUTIONALIZATION OF THE PHILIPPINE INTERNET CRIMES AGAINST CHILDREN CENTER (PICACC). (A) ESTABLISHMENT AND NATURE. - THERE IS HEREBY INSTITUTIONALIZED A PHILIPPINE INTERNET CRIMES AGAINST CHILDREN CENTER (PICACC) AS A PERMANENT INTER-AGENCY LAW ENFORCEMENT BODY FOR ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN AND CHILD SEXUAL OR EXPLOITATION MATERIALS ABUSE (OSAEC/CSAEM) CASES WITH A FOREIGN NEXUS. THE PICACC SHALL SERVE AS THE NATIONAL HUB FOR POLICE-TO-POLICE COORDINATION, INTELLIGENCE AND EVIDENCE SHARING, JOINT AND PARALLEL INVESTIGATION, AND JOINT OPERATIONS AGAINST TIP-OSAEC, ENSURING PERPETRATOR ACCOUNTABILITY IN BOTH

DEMAND-SIDE AND SOURCE-SIDE JURISDICTIONS, AND FACILITATING APPROPRIATE RESTITUTION FOR VICTIMS. (B) FOREIGN NEXUS. — FOR PURPOSES OF THIS ACT, "FOREIGN NEXUS" EXISTS WHERE ANY MATERIAL ELEMENT OF AN OSAEC/CSAEM CASE INDICATES A CROSS-BORDER CONNECTION, INCLUDING, SINGLY OR IN COMBINATION: (1) A SUSPECT, VICTIM, DEVICE, IP ADDRESS, ACCOUNT, DOMAIN, HOSTING LOCATION, OR PROCEEDS LOCATED OUTSIDE THE PHILIPPINES; (2) THE PLATFORM, SERVICE OR DATA CONTROLLER PROVIDER, HEADQUARTERED OR STORES RESPONSIVE DATA ABROAD; (3) THE CONDUCT INVOLVES CROSS- BORDER TRANSMISSION, OR PAYMENT, FACILITATION; OR (4) THE REFERRAL OR TIP ORIGINATES FROM A FOREIGN LAW-ENFORCEMENT AGENCY, INTERNATIONAL CLEARINGHOUSE, OR CROSS-BORDER HOTLINE/PLATFORM. THE IMPLEMENTING RULES AND REGULATIONS (IRR) SHALL FURTHER ELABORATE INDICATORS AND MINIMUM SCREENING STEPS. (C) COMPOSITION AND OPERATIONAL CO-LEADS. - PICACC SHALL BE COMPOSED OF THE PHILIPPINE NATIONAL POLICE-WOMEN AND CHILDREN PROTECTION CENTER (PNP-WCPC) AND THE NATIONAL BUREAU OF INVESTIGATION-HUMAN TRAFFICKING DIVISION (NBI-HTRAD), OR THEIR FUNCTIONAL SUCCESSORS IN CASE OF REORGANIZATION OR RENAMING. OTHER GOVERNMENT ENTITIES MANDATED TO INVESTIGATE OR ASSIST IN THE INVESTIGATION OF OSAEC/CSAEM CASES MAY BE MEMBERS OR OBSERVERS OF PICACC, AS MAY BE SPECIFIED IN THE IRR. THE PNP-WCPC AND THE NBI-HTRAD SHALL SERVE AS PICACC OPERATIONAL CO-LEADS, JOINTLY RESPONSIBLE FOR CENTER-LEVEL OPERATIONAL PLANNING, INTAKE DECONFLICTION, AND COORDINATION OF JOINT WITHOUT OPERATIONS WITHIN PICACC, PREJUDICE TO EACH AGENCY'S INTERNAL COMMAND STRUCTURE. (D) FINANCIAL AND LOGISTICAL SUPPORT. - THE NCC- OSAEC-CSAEM SHALL PROVIDE FINANCIAL AND LOGISTICAL SUPPORT FOR THE

OPERATIONALIZATION OF THE PICACC. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER OPERATIONAL COMMAND AUTHORITY ON THE NCC- OSAEC-CSAEM OR ITS SECRETARIAT OVER THE PNP, NBI, OR ANY OTHER LAW-ENFORCEMENT OR INVESTIGATIVE BODY. (E) FUNDING AND SUPPORT. - PICACC SHALL DRAW ITS BUDGETARY AND ADMINISTRATIVE SUPPORT FROM THE APPROPRIATIONS OF PARTICIPATING AGENCIES, INCLUDING A DEDICATED BUDGET ALLOCATION PICACC WITHIN THE APPROPRIATIONS OF THE NCC-OSAEC-CSAEM SECRETARIAT, AS WELL AS FROM GRANTS, DONATIONS, AND TECHNICAL ASSISTANCE FROM DEVELOPMENT PARTNERS, AND OTHER LAWFUL SOURCES, SUBJECT TO EXISTING BUDGETING, PROCUREMENT, AND AUDITING RULES. SUBJECT TO AVAILABLE RESOURCES AND AS MAY BE PROVIDED IN THE IRR, REGIONAL PICACC NODES MAY BE ESTABLISHED TO ENHANCE COVERAGE AND COORDINATION. (F) CORE FUNCTIONS. - WITHIN THE SCOPE OF THEIR LAWFUL POWERS, PICACC SHALL: (1) RECEIVE, DOCKET, TRIAGE AND DECONFLICT FOREIGN-NEXUS OSAEC/CSAEM REFERRALS AND LEADS; (2) SERVE AS THE PRIMARY MECHANISM FOR STRUCTURED INFORMATION-SHARING, BY MAINTAINING A SHARED CASE-INTAKE AND DECONFLICTION REGISTRY USING COMMON IDENTIFIERS AND MINIMUM METADATA, AND ENSURING TIMELY, RECIPROCAL SHARING OF RELEVANT OPERATIONAL INTELLIGENCE AND UPDATES AMONG MEMBER-AGENCIES IN FOREIGN-NEXUS OSAEC/CSAEM CASES, SUBJECT TO APPLICABLE SECRECY, CONFIDENTIALITY, AND DATA-PRIVACY LAWS; (3) FACILITATE OR COORDINATE INTER-AGENCY INVESTIGATIONS AND OPERATIONS IN FOREIGN-NEXUS OSAEC/CSAEM CASES;

(4) SUPPORT MEMBER-AGENCIES WITH OPEN- SOURCE INTELLIGENCE, DATA ANALYSIS, AND, WHERE LAWFULLY TASKED, DIGITAL FORENSIC EXAMINATION AND RELATED TECHNICAL SERVICES; (5) COORDINATE WITH SOCIAL-WELFARE AND CHILD-PROTECTION AGENCIES TO ENSURE SURVIVOR-CENTERED HANDOFFS, REFERRALS, AND AFTERCARE; AND (6) GENERATE OPERATIONAL STATISTICS, THREAT ASSESSMENTS, AND PERFORMANCE METRICS TO INFORM NATIONAL POLICY, REPORTING OBLIGATIONS, AND CAPACITY- BUILDING PRIORITIES UNDER THIS ACT AND RELATED LAWS. THE DETAILED PROCEDURES, DATA FIELDS, AND SAFEGUARDS FOR INFORMATION-SHARING AND REGISTRY OPERATIONS UNDER PARAGRAPH (2) SHALL BE FURTHER SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS AND IN INTER-AGENCY AGREEMENTS, CONSISTENT WITH APPLICABLE SECRECY, CONFIDENTIALITY, AND DATA-PRIVACY LAWS. (G) INTEROPERABILITY AND ROUTING. - AGENCIES THAT RECEIVE ONLINE OSAEC/CSAEM LEADS OR REFERRALS WHICH THEY REASONABLY ASSESS TO HAVE A FOREIGN NEXUS SHALL PROMPTLY REFER SUCH LEADS TO PICACC FOR INTAKE AND WITHOUT PREJUDICE TO DECONFLICTION, IMMEDIATE ACTION REQUIRED TO PROTECT CHILDREN, PRESERVE EVIDENCE, OR PERFORM URGENT OPERATIONAL MEASURES. PICACC SHALL PROMOTE SYSTEM INTEROPERABILITY AND COMMON IDENTIFIERS WITH THE INFORMATION SYSTEMS OF ITS MEMBER-AGENCIES, CONSISTENT WITH THE DATA PRIVACY ACT OF 2012 AND OTHER CONFIDENTIALITY LAWS. (H) FOREIGN LAW-ENFORCEMENT AND TECHNICAL PARTNERS. - CONSISTENT WITH APPLICABLE INTERNATIONAL INSTRUMENTS, MEMORANDA OF UNDERSTANDING, AND PHILIPPINE LAW, PICACC MAY HOST OR COORDINATE WITH FOREIGN LAW- ENFORCEMENT AGENCIES AND INTERNATIONAL OR

NON-GOVERNMENT TECHNICAL PARTNERS AS LIAISON OR TECHNICAL PARTNERS FOR PURPOSES OF INFORMATION-EXCHANGE, CAPACITY- BUILDING, AND COORDINATED ACTION AGAINST OSAEC/CSAEM. SUCH PARTNERS, HOWEVER, SHALL HAVE NO COMMAND OR OPERATIONAL AUTHORITY OVER PICACC OR ANY • THE IRR SHALL SPECIFY THE MODALITIES FOR THE PARTICIPATION OF SUCH FOREIGN AND TECHNICAL PARTNERS, WITHOUT PREJUDICE TO EXISTING AND FUTURE MEMORANDA OF UNDERSTANDING SUPPORTING PICACC OPERATIONS. (I) IMPLEMENTING RULES. - WITHIN ONE HUNDRED EIGHTY (180) DAYS FROM THE EFFECTIVITY OF THIS ACT, THE PNP-WCPC, NBI-HTRAD, AND THE NCC-OSAEC-CSAEM SECRETARIAT, CONSULTATION WITH OTHER RELEVANT AGENCIES AND PARTNERS, SHALL ISSUE JOINT RULES TO IMPLEMENT THIS SECTION, INCLUDING: AND (1) DETAILED INTAKE, TRIAGE, DECONFLICTION PROCEDURES; (2) THE SPECIFIC PICACC MEMBERSHIP, FOCAL UNITS, AND SECONDMENT/DETAILING ARRANGEMENTS; (3) DATA-SHARING, PRIVACY, AND INFORMATION-SECURITY SAFEGUARDS; (4) ARRANGEMENTS FOR 24/7 OPERATIONAL COORDINATION, INCLUDING ANY JOINT OPERATIONS DESK OR ROTATING COORDINATION MECHANISM BETWEEN THE OPERATIONAL CO-LEADS; AND (5) PERFORMANCE AND ACCOUNTABILITY INCLUDING FRAMEWORKS, PERFORMANCE INDICATORS (KPIS) AND REPORTING LINES TO THE NCC-OSAEC- CSAEM. (J) REPORTING AND COORDINATION WITH NCC- OSAEC-CSAEM. - PICACC SHALL SUBMIT TO THE NCC-OSAEC-CSAEM SECRETARIAT PERIODIC

CONSOLIDATED REPORTS ON ITS OPERATIONS, INCLUDING AT A MINIMUM: (A) THE NUMBER AND BASIC TYPOLOGY OF FOREIGN-NEXUS OSAEC AND CSAEM REFERRALS RECEIVED, TRIAGED, AND ACTED UPON; (B) SUMMARY STATISTICS ON OPERATIONS CHILDREN CONDUCTED, SAFEGUARDED, AND OFFENDERS ARRESTED OR CHARGED; AND (C) EMERGING TRENDS, THREATS, AND OPERATIONAL GAPS IDENTIFIED. THE NCC- OSAEC-CSAEM SECRETARIAT MAY USE SUCH REPORTS FOR NATIONAL POLICY FORMULATION, AND PLANNING, CAPACITY-BUILDING, PERFORMANCE MONITORING UNDER THIS ACT, AND MAY ISSUE CORRESPONDING RECOMMENDATIONS TO THE IACAT AND CONCERNED AGENCIES. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED AS GRANTING THE NCC-OSAEC-CSAEM OR ITS SECRETARIAT OPERATIONAL COMMAND, CASE-SELECTION AUTHORITY, OR DIRECTIVE CONTROL OVER PICACC OR ITS MEMBER LAW-ENFORCEMENT AGENCIES. (K) TRANSITORY PROVISION. - EXISTING PICACC STRUCTURES, MEMORANDA OF UNDERSTANDING, FACILITIES, DONOR-SUPPORTED PROJECTS, EQUIPMENT, PERSONNEL DETAILS, AND ONGOING INVESTIGATIONS AS OF THE EFFECTIVITY OF THIS ACT ARE HEREBY RECOGNIZED AND SHALL BE HARMONIZED UNDER THIS SECTION AND ITS IMPLEMENTING RULES. PENDING THE PROMULGATION OF THE IMPLEMENTING RULES AND REGULATIONS, THE EXISTING STRUCTURE, MEMORANDA OF UNDERSTANDING, AND ONGOING OPERATIONS OF PICACC SHALL CONTINUE WITHOUT INTERRUPTION AND SHALL BE DEEMED CONSISTENT WITH THIS ACT."

Section 34. A new Section 42 is hereby inserted into Republic Act No. 11930, to

read as follows:

SECTION 42. - FINANCIAL INTELLIGENCE JOINT TASI

ORCE ON OSAEC AND CSAEM (FIJTF) (A) CREATION. - THERE IS HEREBY CREATED A FINANCIAL INTELLIGENCE JOINT TASK FORCE ON ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN AND CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS (FIJTF) TO STRENGTHEN

DOMESTIC COORDINATION AND STRATEGIC INFORMATION SHARING BETWEEN FINANCIAL INTELLIGENCE, REGULATORY, AND LAW- ENFORCEMENT AUTHORITIES IN DETECTING, TRACING, FREEZING, AND PROSECUTING FINANCIAL TRANSACTIONS CONNECTED WITH OSAEC AND SAEM, WITHOUT PREJUDICE TO THE OPERATIONAL INDEPENDENCE AND DISCRETION OF THE AMLC AS THE FINANCIAL INTELLIGENCE UNIT (FIU) OF THE PHILIPPINES UNDER THE AMLA AND INTERNATIONAL STANDARDS. (B) COMPOSITION. - THE FIJTF SHALL BE JOINTLY LED BY THE ANTI-MONEY LAUNDERING COUNCIL (AMLC) AND THE BANGKO SENTRAL NG PILIPINAS (BSP) WITH THE NCC-OSAEC-CSAEM SECRETARIAT AS A PERMANENT MEMBER AND SECRETARIAT. OTHER MEMBERS SHALL INCLUDE SUCH REGULATORY, LAW-ENFORCEMENT, AND CHILD-PROTECTION PROSECUTORIAL, AGENCIES AS MAY BE DESIGNATED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR) OR IN A JOINT RESOLUTION OF THE CORE MEMBERS.. (C) MANDATE AND FUNCTIONS. - THE FIJTF SHALL: (1) DEVELOP AND RECOMMEND RULES, GUIDANCE, AND TECHNICAL STANDARDS ON OSAEC/CSAEM- SPECIFIC SUSPICIOUS TRANSACTION REPORTING, TYPOLOGIES, AND RED-FLAG INDICATORS AS ENVISIONED UNDER SECTION 9(C) OF THIS ACT; (2) FACILITATE JOINT FINANCIAL INTELLIGENCE ANALYSIS AND RAPID REFERRALS BETWEEN THE AMLC, BSP, NCC SECRETARIAT, AND LAW- SUPPORT ENFORCEMENT AGENCIES TO INVESTIGATIONS, FREEZING ORDERS, FORFEITURE PROCEEDINGS, AND CRIMINAL PROSECUTIONS ARISING FROM OSAEC/CSAEM CASES; LAW-ENFORCEMENT (3) COORDINATE AGENCIES AND PROSECUTORS FOR THE IDENTIFICATION, TRACING, RESTRAINT, AND FORFEITURE OF ASSETS DERIVED FROM OR USED IN OSAEC/CSAEM OFFENSES, IN

OCCER ARE ATE TINE AMLA, THIS ACT, AND (4) RECOMMEND SUPERVISORY AND COMPLIANCE STANDARDS FOR BSP-SUPERVISED INSTITUTIONS, PAYMENT SYSTEM PROVIDERS, VIRTUAL ASSET SERVICE PROVIDERS, AND OTHER COVERED PERSONS, TO ENHANCE THE DETECTION DISRUPTION OSAEC/CSAEM-RELATED FISANCTAD FLOWS; AND (5) PREPARE PERIODIC REPORTS, RISK ASSESSMENTS, AND POLICY RECOMMENDATIONS TO INFORM NATIONAL CHILD-PROTECTION, ANTI-MONEY LAUNDERING, AND COUNTER-FINANCIAL CRIME STRATEGIES, INCLUDING CAPACITY-BUILDING PRIORITIES. ALL FIJTF OUTPUTS SHALL BE WITHOUT PREJUDICE TO, AND SHALL NOT BE CONSTRUED TO LIMIT, THE AMLC'S DISCRETION UNDER THE AMLA AS THE FIU OF THE PHILIPPINES. (D) SECRETARIAT AND TECHNICAL SUPPORT. - THE NCC- OSAEC-CSAEM SECRETARIAT SHALL PROVIDE ADMINISTRATIVE, TECHNICAL, AND LOGISTICAL SUPPORT TO THE FIJTF, INCLUDING THE DEVELOPMENT OF SECURE DATA-SHARING PROTOCOLS AND THE INTEGRATION OF THE CHILD PROTECTION FINANCIAL INTELLIGENCE PLATFORM (CPFIP)- (E) COORDINATION AND DATA SHARING. - CONSISTENT WITH SECTION 40 OF THIS ACT AND ITS IMPLEMENTING RULES AND REGULATIONS, THE FIJT SHALL SERVE AS A COORDINATION MECHANISM FOR THE INFORMATION-SHARING ARRANGEMENTS AUTHORIZED THEREIN. "

Section 35. A new Section 43 is hereby inserted into Republic Act No. 11930, to

read as follows:

SEC. 42. SUPERVISORY CHILD-SAFEGUARDING MEASURE.

3Y THE BANGKO SENTRAL NG PILIPINAS (BSP), - (A) MANDATE. - CONSISTENT WITH THIS ACT, THE ANTI-

MONEY LAUNDERING ACT OF 2001 (AMLA), AND ITS EXISTING SUPERVISORY AND OVERSIGHT MANDATES, THE BANGKO SENTRAL NG PILIPINAS (BSP) SHALL, IN ACCORDANCE WITH ITS RISK-BASED APPROACH, ISSUE SUCH REGULATIONS OR GUIDANCE AS IT MAY DEEM APPROPRIATE TO STRENGTHEN THE ABILITY OF BANKS, NON-BANK FINANCIAL INSTITUTIONS, MONEY SERVICE MONEY ISSUERS BUSINESSES, ELECTRONIC PAYMENT SYSTEM PROVIDERS, VIRTUAL ASSET SERVICE PROVIDERS, AND OTHER BSP-SUPERVISED FINANCIAL INSTITUTIONS TO PREVENT, DETECT, AND DISRUPT FINANCIAL FLOWS CONNECTED TO OSAEC AND CSAEM. (B) SUPERVISORY EXPECTATIONS. WITHOUT PREJUDICE TO STRICTER MEASURES THAT THE BSP MAY ADOPT UNDER EXISTING OR FUTURE ISSUANCES, BSP REGULATIONS AND GUIDANCE ISSUED PURSUANT TO THIS SECTION SHALL, AS APPROPRIATE TO THE SIZE, NATURE, AND RISK PROFILE OF SUPERVISED INSTITUTIONS, PROMOTE THAT THEY: (1) INCORPORATE OSAEC/CSAEM RISKS INTO THEIR ENTERPRISE-WIDE RISK ASSESSMENTS, POLICIES, AND INTERNAL CONTROLS, TAKING INTO ACCOUNT RELEVANT BSP AND AMLC REGULATIONS AND ANY TYPOLOGIES OR RED- FLAG INDICATORS DEVELOPED UNDER THIS ACT; TRANSACTION- (2) MAINTAIN RISK-BASED MONITORING AND SCREENING ARRANGEMENTS CAPABLE OF TAKING INTO ACCOUNT BEHAVIOURAL AND TRANSACTIONAL PATTERNS ASSOCIATED WITH OSAEC/CSAEM-RELATED ACTIVITY, AND, WHERE PERMITTED UNDER THE ANTI-FINANCIAL ACCOUNT SCAMMING ACT (AFASA), AND RELEVANT BSP AND AMLC ISSUANCES, SUPPORT APPROPRIATE RESPONSES TO REASONABLY SUSPECTED INCLUDING TIMELY TRANSACTIONS, REPORTING AND, WHEN AUTHORIZED, TEMPORARY WITHHOLDING OR DEFERRAL; (3) APPLY ENHANCED DUE DILIGENCE AND HEIGHTENED ONGOING MONITORING TO CUSTOMERS, PRODUCTS, CHANNELS,

CORRIDORS, OR TRANSACTIONS IDENTIFIED AS PRESENTING ELEVATED OSAEC/CSAEM RISK UNDER BSP OR AMLC GUIDANCE; AND (4) ENSURE SECURE, AUDITABLE, AND TIMELY ELECTRONIC REPORTING SUBMISSION TO THE AMLC THROUGH CHANNELS THAT ENABLE THE EFFECTIVE GENERATION OF OSAEC/CSAEM-RELATED FINANCIAL INTELLIGENCE, CONSISTENT WITH THE AMLA AND BSP REGULATIONS. (C) SUPERVISION AND ENFORCEMENT. IN EXERCISING ITS SUPERVISORY AND ENFORCEMENT POWERS, THE BSP MAY CONSIDER SERIOUS OR REPEATED NON-COMPLIANCE WITH OSAEC/CSAEM- RELATED SAFEGUARDS REQUIRED UNDER THIS ACT AND BSP REGULATIONS AS AN AGGRAVATING CIRCUMSTANCE IN THE IMPOSITION OF CORRECTIVE ACTIONS, MONETARY PENALTIES, OR OTHER ENFORCEMENT MEASURES UNDER EXISTING LAWS AND BSP ISSUANCES, WITHOUT PREJUDICE TO ANY LIABILITY UNDER THE AMLA AND THIS ACT. (D) COORDINATION. - THE BSP SHALL COORDINATE, AS MAY BE APPROPRIATE, WITH THE AMLC, THE NCC- OSAEC-CSAEM AND OTHER SECRETARIAT, CONCERNED AGENCIES IN THE DEVELOPMENT, IMPLEMENTATION, AND PERIODIC REVIEW OF SUPERVISORY MEASURES UNDER THIS SECTION, TO PROMOTE COHERENCE WITH NATIONAL CHILD- PROTECTION, ANTI-MONEY LAUNDERING, AND COUNTER-FINANCIAL CRIME STRATEGIES RESPECTING THE OPERATIONAL INDEPENDENCE OF EACH INSTITUTION."

Section 36. All succeeding section/s are hereby renumbered accordingly.

Section 37. - Section 40 of Republic Act 11930 is hereby renumbered and

amended to read as follows: "SECTION 47. Appropriations AND CHILD ONLINE SAFEGUARDING TRUST FUND. — (A) GENERAL APPROPRIATIONS. - THE AMOUNT NECESSARY FOR THE INITIAL AND CONTINUING IMPLEMENTATION OF THIS ACT, INCLUDING THE OPERATIONS NCC-OSAEC-CSAEM

SECRETARIAT AND THE PROGRAMS OF ITS MEMBER- AGENCIES UNDER THIS ACT, SHALL BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT. (B) CREATION OF THE CHILD ONLINE SAFEGUARDING TRUST FUND. - THERE IS HEREBY CREATED A CHILD ONLINE SAFEGUARDING TRUST FUND (THE "TRUST FUND"), TO BE MANAGED AND ADMINISTERED BY THE NCC-OSAEC-CSAEM SECRETARIAT, EXCLUSIVELY FOR THE PURPOSES IDENTIFIED IN PARAGRAPH (D) OF THIS SECTION. (C) SOURCES OF THE TRUST FUND. - THE TRUST FUND SHALL CONSIST OF: (1) ALL ADMINISTRATIVE FINES IMPOSED UNDER THIS ACT, AND SUCH PORTION OF MONETARY PENALTIES COLLECTED BY REGULATORS PURSUANT TO THIS ACT AS MAY BE SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR); (2) SUCH PORTION OF ASSETS FORFEITED IN FAVOR OF THE GOVERNMENT IN CASES INVOLVING VIOLATIONS OF THIS ACT AS MAY BE DETERMINED IN ACCORDANCE WITH THE ANTI- MONEY LAUNDERING ACT (AMLA), THE REVISED PENAL CODE, AND OTHER APPLICABLE LAWS, AND AS MAY BE SPECIFIED IN THE IRR; (3) ANNUAL APPROPRIATIONS THAT MAY BE SPECIFICALLY EARMARKED IN THE GENERAL APPROPRIATIONS ACT FOR THE TRUST FUND; (4) GRANTS, DONATIONS, CONTRIBUTIONS, OR TECHNICAL ASSISTANCE FROM DOMESTIC AND FOREIGN SOURCES, WHETHER PUBLIC OF PRIVATE, ACCEPTED IN ACCORDANCE WITI APPLICABLE LAWS, RULES, AND REGULATIONS; (5) INCOME AND INTEREST DERIVED FROM THE INVESTMENT OR PLACEMENT OF THE TRUST FUND, SUBJECT TO EXISTING GOVERNMENT ACCOUNTING AND AUDITING RULES. (D) PERMISSIBLE USES. - WITHOUT PREJUDICE TO OTHER CHILD-PROTECTION PROGRAMS AUTHORIZED

SY LAW USED EXCENE FROM THE TRUST FUND (1) VICTIM-SURVIVOR SERVICES, INCLUDING RECOVERY, REHABILITATION, PSYCHOSOCIAL LONG-TERM SUPPORT, AFTERCARE, REINTEGRATION, AND LIVELIHOODS OR EDUCATION SUPPORT FOR CHILDREN AND THEIR NON-OFFENDING FAMILIES CAREGIVERS; DEMAND-REDUCTION (2) PREVENTION AND PROGRAMS, INCLUDING NATIONWIDE AND LOCAL CAMPAIGNS, SCHOOL-BASED AND COMMUNITY-BASED INTERVENTIONS, AND DIGITAL-SAFETY EDUCATION; (3) TECHNOLOGY, TOOLS, AND INFRASTRUCTURE NEEDED TO DETECT, INVESTIGATE, AND DISRUPT OSAEC AND CSAEM, INCLUDING BUT NOT LIMITED TO SECURE PLATFORMS, DATA SYSTEMS, ANALYTICAL TOOLS, AND DIGITAL- FORENSICS CAPABILITIES ALIGNED WITH THIS ACT; (4) CAPACITY-BUILDING AND MENTAL-HEALTH SUPPORT FOR PERSONNEL OF THE NCC-OSAEC- MEMBER-AGENCIES, SOCIAL ENFORCEMENT, PROSECUTION, WELFARE, AND PARTNER SERVICE PROVIDERS ENGAGED IN OSAEC/CSAEM WORK; (5) SUPPORT TO THE OPERATION OF SPECIALIZED MECHANISMS ESTABLISHED OR RECOGNIZED UNDER THIS ACT FOR OSAEC/CSAEM DETECTION, INVESTIGATION, FINANCIAL- INTELLIGENCE, COORDINATION, THE INCLUDING, WHERE APPLICABLE, PHILIPPINE INTERNET CRIMES AGAINST CHILDREN CENTER (PICACC), THE CHILD PROTECTION FINANCIAL INTELLIGENCE PLATFORM (CPFIP), AND THE FINANCIAL INTELLIGENCE JOINT TASK FORCE ON OSAEC AND CSAEM (FIJTF); AND (6) SUCH OTHER PROGRAMS AND PROJECTS DIRECTLY RELATED TO THE PREVENTION, DETECTION, INVESTIGATION, PROSECUTION,

AND AFTERCARE OF OSAEC AND CSAEM CASES AS MAY BE APPROVED BY THE NCC-OSAEC-CSAEM, CONSISTENT WITH ITS MULTI-YEAR STRATEGIC PLAN. (E) ADMINISTRATION, OVERSIGHT, AND AUDIT. - THE NCC-OSAEC-CSAEM SECRETARIAT SHALL ADMINISTER THE TRUST FUND, SUBJECT TO: (1) GOVERNMENT ACCOUNTING AND AUDITING RULES, AND (2) ANNUAL REPORTING TO THE NCC-OSAEC- SAEM AND TO CONGRESS ON RECEIPTS, DISBURSEMENTS, AND PROGRAM RESULTS FINANCED BY THE TRUST FUND. THE TRUST FUND SHALL BE SUBJECT TO AUDIT BY THE COMMISSION ON AUDIT (COA). (F) NON-LAPSING CHARACTER. - THE TRUST FUND SHALL BE A SPECIAL, CONTINUING FUND, AND ITS BALANCES SHALL NOT REVERT TO THE GENERAL FUND AT THE END OF THE FISCAL YEAR. ALL INCOME THEREFROM SHALL ACCRUE TO AND FORM PART OF THE TRUST FUND. "

Section 38. All succeeding section/s are hereby renumbered accordingly.

Section 39. Implementing Rules and Regulations (IRR). - The NCC-

OSAEC-CSAEM shall, in consultation with representatives from other relevant agencies such as the Bangko Sentral ng Pilipinas, the private sector such as the internet intermediaries and concerned non-governmental organizations, promulgate the necessary rules and regulations to implement this Act, within one hundred twenty (120) days after effectivity.

Section 40. Separability Clause. - If any part of this Act is declared

unconstitutional or invalid, the other provisions not affected thereby shall continue to be in full force and effect.

Section 41. Repealing Clause. - All laws, decrees, executive orders,

administrative orders, rules and regulations, and other issuances or parts thereof inconsistent herewith are hereby repealed, amended or modified accordingly.

Section 42. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,