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9775, which will be better known as the “Anti-Child Pornography Act of 2009”.This landmark legislation was lobbied for by children’s rights advocates, including the UNICEF.This new law might make the Internet less free-wheeling, but it makes society more safe.AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. – The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being.Also similarly engaged are any “[p]hoto developers, information technology (IT) professionals, credit card companies and banks, and any person who has direct knowledge of any child pornography activities”, they to report such child pornography activity within 7 days from discovery to the authorities, or else pay a fine. Supreme Court, voting 6-3-1, declared those restrictions as overbroad and unconstitutional.
William Shakespeare created the most famous pair of teenage lovers, one of whom is just 13 years of age. In the drama, Shakespeare portrays the relationship as something splendid and innocent, but not juvenile. Shakespeare may not have written sexually explicit scenes for the Elizabethean audience, but were modern directors to adopt a less conventional approach, that fact alone would not compel the conclusion that the work was obscene. Last year’s Academy Awards featured the movie, Traffic, which was nominated for Best Picture. The year before, American Beauty won the Academy Award for Best Picture.
As expected, ISPs and every Internet content host in the Philippines (yes, that includes bloggers) is required to take active measures to block child pornography, and even to report incidences thereof to the authorities.
At the same time, internet cafes, schools, offices and service providers are mandated to “install blocking system or software to prevent transmittal of or access to the child pornography materials”.
This is inconsistent with an essential First Amendment rule: The artistic merit of a work does not depend on the presence of a single explicit scene…
These concerns nonetheless should not detract from the very real evil which the new law prevents – the actual exploitation of real children through pornography.