A/HRC/28/55
111. Whenever possible, legislation should be “technology neutral”, so that its
applicability is not eroded by future technological developments. At the same time, it is
crucial that legislation address loopholes associated with emerging concerns, including new
forms of online abuse such as grooming, and develop criminal proceedings to facilitate
their investigation and prosecution.
112. The accountability of States is equally important to set a clear regulatory framework
for the activities of corporations and to support businesses to meet their responsibilities in
safeguarding children’s rights throughout their operations, both at home and abroad. The
many opportunities offered by regulation, self-regulation, incentives and public-private
partnerships should be further explored, including with a view to attracting new sectors of
activity, as well as small and medium-size companies. One example of such a regulatory
framework is the Philippines Anti-Child Pornography Act of 2009 (see box below).
The Philippines Anti-Child Pornography Act lists prohibited and
unlawful acts, which include hiring, inducing, persuading or coercing a child
to perform in the creation or production of child pornography; producing,
manufacturing or directing child pornography; offering, publishing, selling,
distributing, broadcasting, promoting, importing or exporting child
pornography; and possessing child pornography with the intention to sell,
distribute or publish.
The law prohibits grooming of children for sexual purposes and
requires private sector actors, such as ISPs, private business establishments
and Internet content hosts, to assist in the fight against child pornography.
ISPs have the obligation to notify the Philippine National Police or the
National Bureau of Investigation within seven days upon discovery that their
servers or facilities are being used to commit child pornography offences.
They are obliged to preserve evidence for use in criminal proceedings. Upon
request by law enforcement authorities, they must give details of users who
access websites containing child pornography. ISPs must install programmes
or software designed to filter and block child pornography. Additionally,
owners and operators and owners or lessors of other business establishments
have the responsibility to report child pornography offences within seven
days of discovering that their premises are being used to commit such
offences.
Importantly, the Act requires appropriate protections for child victims
of pornography offences, which includes strict confidentiality in handling
evidence, protecting witnesses and assisting in recovery and reintegration.
113. Law enforcement is essential both to prevent online violence and abuse and to
respond to it. However, that is a particularly challenging area, given that physical contact
need not occur in order for a crime to be committed. Moreover, much of the evidence
involved in those cases is in an ephemeral electronic format that may elude traditional
policing methods.
114. Police investigations in many countries are hampered by a lack of capacity to
conduct undercover operations, which are vital in investigating crimes such as grooming
and the production and distribution of child sexual abuse materials.
115. Those factors also present challenges to judges and prosecutors, who require
specialized training to handle digital evidence and assess its weight and value, as well as to
understand child abuse and exploitation cases associated with the use of new technologies.
19