Monday, March 8, 2010

Drafting The Implementing Rules Of R.A. No. 9775

You must have known by now that Republic Act No. 9775 (RA (775) otherwise known as the "Anti-Child Pornography Act of 2009" was approved by Pres. Gloria Macapagal Arroyo last November 17, 2009. The Department of Social Welfare and Development (DSWD) which will head the Inter-Agency Council Against Child Pornography invited I-Café Pilipinas to participate in the Regional Consultation for the Drafting of RA 9775's Implementing Rules and Regulations to be held on March 9, 2010 (8:30 AM to 5:00 PM) at the College of St. Benilde International Conference Center, Manila. Expected participants in the whole-day consultation meeting include local social workers, police officers, fiscal, ISP/internet café owners, NBI agents, NGOs, BCPC members and LGU representatives.

I-Café Pilipinas as the national advocacy body of the Internet café industry in the country will participate in the consultation meeting for the drafting of the IRR of RA 9775 because  of purported inclusion of i-cafés among the establishment covered by Section 10 of the law that states:
Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business Establishments - All mall owners/operators and owners or lessors of other business establishments shall notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child pornography is being committed in their premises. Provided, That public display of any form of child pornography within their premises is a conclusive presumption of the knowledge of the mall owners/operators and owners or lessors of other business establishments of the violation of this Act: Provided, further, That a disputable presumption of knowledge by mall owners/operators and owners or lessors of other business establishments should know or reasonably know that a violation of this Act is being committed in their premises.
Another provision of the Anti-Child Pornography Act of 2009 that concerns i-café owners is Section 12 that says:
Authority to Regulate Internet Café or Kiosk - The local government unit (LGU) of the city or municipality where an internet café or kiosk is located shall have the authority to monitor and regulate the establishment and operation of the same or similar establishments in order to prevent violation of the provisions of this Act.
Let us hope the the final rules and regulations to be used in the implementation of the Anti-Child Pornography would not turn-out to be a burden to i-café owners in terms of compliance to the law. We shall keep you informed of the developments regarding the implementation of RA 9775.

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