INTRO
From 2014 - 2017, a spike of Filipino IP addresses were correlated to OSEAC (IJM, 11). OSEAC means sexual abuse or exploitation of a minor, for online publication or transmission, where the third party is not physical presence, including videos, streaming, chatting, etc. , in exchange for compensation (IJM,10 ).To combat OSEAC, Child Protective services’ received a 246% budget increase (IJM, 71). Despite budget policies, OSEAC cases increased, showcasing the ineffective quality of current policies (Embudo). The goal is to examine the barriers of OSEAC, to answer why are the current policies unsuccessful in de-escalation and what adaptations are necessary? When creating productive policies, the complexity of OSEAC renders barriers at varying levels. The policies created in response to the Philippines’ high OSEAC rates remain ineffective, due to barriers within technology, cultural awareness, education procedures, and international nature. To effectively minimize OSEAC, altercations of current policies are necessary and include expansion beyond technology, towards education, and promoting international involvement.
PRIVATE SECTORS & THE PEOPLE
OSEAC is an online based crime creating difficulty when creating functional policies. The average person interacts with the “Surface” web which ranges from
social media, Wikipedia, etc. Surface web accounts for 4% of the total web. 96% percent of the Web is Deep Web. More than 80% of Deep Web interactions are related to CSEM, child sexual exploitation material. CSEM is representation of minors in sexual activity, or erotic behavior recorded for viewer arousal (IJM, 6) The Deep Web’s primary goal is secrecy. Deep Web is where contents are not found in search engines and require specific encrypted browsers for access (Kumar, 20) How can you create policies on things that are unable to be detected? While this article is approaching the difficulty of creating policies within the surface web, OSEAC’s presence in the Deep Web should be noted to understand scale. Due to the internet's mass, there’s a reliance on private sectors. Their importance relies on their roles as internet providers, operators , developers and online services (UNICEF, 77).
Over 3.5 million have ownership of internet devices globally, correlating to the increase of CSEM (Shaprio, 3). To utilize those 3.5 million, technological & citizen interaction solutions are employed. These include social media outreaches, like the popularization of #StopChildPorn. Large corporate social platforms like Facebook have collaborated with government bodies to implement facilities to report OSEM. There are hotlines through cellular or email, which advocate citizens to report contact with OSEAC (UNICEF, 82).
Another form of private sector are Internet cafes, allowing public access to those without a computer. These spaces can be a child’s introduction to internet-based activities and can present no regulation. Any software prevention towards OSEAC is dictated by the cafes’ managers. UNICEF utilizes an interview to describe the flaw, stating “ The manager’s values define what the shop may or may not allow the child to do” (104). Internet Cafe’s showcase the lack of official governance, and demonstrate how policies need to form within the private sector(UNICEF, 104).
OSEAC persists in high-poverty, making OSEAC as a form of survival. UNICEF showcases an informant stating “they used to be poor. But now they… can pay their rent, and the children are going to school” (Unicef, 85). This can create hesitancy in reporting suspected OSEAC. I presented in the last article the rationalization of since the child remains untouched, it is unharmful. The colonial violence experienced within the country can create intergenerational trauma that views harm as only physically based. The Philippines culturally is rooted in family, implicating that children are expected to aid in all sectors including financial (UNICEF,14). This can framework OSEAC as employment rather than exploitative. Lastly, Filipino culture places importance on the community which includes loyalty and not interfering with each other's affairs (UNICEF,14). These examples narrate the problem with policies formulated in collaboration of governments and private sectors, as they rely on community intervention and don’t account for cultural persuasion.
TECHNOLOGY BASED
Beyond community intervention however, other technological policies have been implemented at multiple levels. This includes content inspection that can be manual or automated through AI; manual however can be tedious and mentally exhaustive. Inspection policies at the community level can include content control software that restrict specific materials (UNICEF,80). A government instance is when schools block inappropriate content. Due to its trouble-free nature and lack of human interaction, these solutions are heavenly relied on. A Filipino police perception argues that there is too much reliance on technology , stating “ old-fashioned police work can already do a lot. Some people wonder why child sex spread in Cordova, Cebu. In one of the malls in Mactan Island, you will see (foreigners) holding the hands of [Filipino] children” (UNICEF, 81).
The Philippines’ Data Privacy Act of 2012, prevents filtering at large scale and is only mainly within private sectors. The Data Privacy act entails the processing of all types of personal information to be protected (sec.4). This means, it is up to the large social media outlets to 1) retain consent to filter user’s content, and 2) implement a filter software for inappropriate content. Secondly, there’s difficulty in identifying the child once CSEM is found. In one case alone, over 850,000 OSEM were found and took 6 months to identify victims (Shaprio, 3).
POLICIES & EDUCATION
Nevertheless, institutional levels set defense through government-mandated policies. There are multiple in place that correlate to OSEAC. Such as child protection policies like The Anti-Rape Law of 1997, Anti-Child Pornography Act of 2009, etc. However they lack preventative measures and focus on the prosecution stages. Furthermore, cyber protection policies are also relevant including Cybercrime Prevention Act of 2012 and the Anti-Photo and Video Voyeurism Act of 2009 (Dizon, 458). These cyber policies must continually be adapted to reflect the internet’s rapid progression, creating labor in constant revivals. UNICEF determines education policy reforms a more secure approach (80).
Proclamation No. 417 is an example of the country’s attempt at education-based prevention. Proclamation No.417 introduces Safer Internet Day for Children of the Philippines, every second Tuesday of February. No. 417’s provokes public awareness of Internet Safety through programs and events, however, participation is optional. UNICEF dictates that OSEAC awareness should be within homes and schools to secure their accessibility (105). Public awareness isn't enough, and policies to reform education curriculums are necessary to include internet safety. Adult inclusion within education is necessary to disprove the cultural belief that OSEAC is harmless, and eliminate generational cycles (UNICEF,105). Kumar presents essential education based policy recommendations including 1) creating a national education that facilitates an education program that “identifies signs of child sexual exploitation and initiatives to deter it. Incorporate a two-generational approach that targets the child and the child’s parents/caregivers” (36). Solving the problem in terms of cultural beliefs while promoting a more long-term solution.
INTERNATIONAL PROBLEM
The policies mentioned so far, prioritize the Filipino victims. OSEAC is produced through economic motivations and survival (UNICEF, 120) . As a result, customers of OSEAC tend to be from Western and economically advantaged countries (IJM,12). This relationship of westernized identities funding CSEM reeks of Orientalism; through their promotion of sexually implicated materials of brown minor bodies (Coloma, 252). While this seems to be understood within the multiple studies analyzed, none mentioned recommendations based on regulating Western bodies or policies. Most recommendations were based on the site of the child, rather than the site of the customer. While the Philippines is the largest country in creating the materials, they aren’t the largest in its consumption. I think further research should be implemented on why OSEAC is consumed, and promote prevention policies for the customer. With the verification of the colonial persuasion from the US within my last article, alongside the fact that most customers are Western; America and Western countries should also be implementing policies to provide for and protect the international victims.
The volume of available and free CSEM alone is estimated within the millions. The mass of the problem disallows a single country to successfully decrease the issue, and should be the responsibility beyond the Philippines (Shaprio,3).Creating policies that prioritize improving relations and communications between international and Philippine Law agencies is necessary (IJM, 71). Unicef agrees, expanding into economic framework suggesting, “ All stakeholders should contribute toward an increase in international and cross-sector collaboration to protect children from online exploitation” (13).
CONCLUSION
In conclusion, the current policies of OSEAC are ineffective in de-escalating OSEAC within the Philippines; and require revision due to the technology, culture, education, and international relations barriers. The current problems within the policies include, firstly, technological solutions that contradict other freedom policies. Secondly, the privatized policies rely on community engagement, which are hindered by cultural beliefs created through colonial trauma (UNICEF, 14). A policy recommendation is to produce more hotlines and resources that are accessible to the children themselves (Kumar, 36). Thirdly, the current government mandated policies are based within the prosecution state, or constantly need adapting due to the internet’s evolution. Lastly, the issue is global, and the policies stated only gear to the site of abuse. Productive recommendations would include, shifting towards creating policies within the education sphere. In addition to creating stronger international relations and funding, to prioritize countries of high OSEM consumption rates rather than production rates. My last article navigated how colonialism is a systemic factor in contribution to OSEAC in the Philippines, however within this article it’s revealed most policies are centered in regulating
WORKS CITED
Coloma, Roland S. "White Gazes, Brown Breasts: Imperial Feminism and Disciplining Desires and Bodies in Colonial Encounters." Paedagogica Historica, vol. 48, no. 2, 2012, pp. 243-261.
Dizon, Michael A. C. "Sweetie 2.0 using Artificial Intelligence to Fight Webcam Child Sex Tourism Substantive and Procedural Legislation in the Philippines to Combat Webcam- Related Child Sexual Abuse." Sweetie 2.0 using Artificial Intelligence to Fight Webcam Child Sex Tourism, 2019, pp. 455-489, doi:10.1007/978-94-6265-288-0_11.
Embudo, Franz Lewin. Outdated, conflicting policies affect PH response to rising online abuse and exploitation of children. Back End news, 12/22/2020.
“ Online Sexual Exploitation of Children in the Philippines” Analysis and Recommendations for Goverments, Industry and Civil Society, International Justice Mission (IJM), 2020.
Philippines. Congress of the Philippines. " Republic Act NO. 10173 : Data Privacy Act of
2012." National Privacy Commission, 2012
President of Philippines, Proclamation No.417, S.2018. Official Gazette, 2018.
Sachil Kumar “The Deep Web and Children Cyber Exploitation: Criminal Activities and Methods – Challenges of Investigation: Solutions” Combating the Exploitation of Children in Cyberspace. Information Science Reference, 2020.
Shapiro, Lauren R. "ONLINE CHILD SEXUAL ABUSE MATERIAL: PROSECUTING ACROSS JURISDICTIONS." Journal of Internet Law, vol. 24, no. 3, 10/01/2020, pp. 3,
Tarroja, Lapeña et al. National Study on Online Sexual Abuse and Exploitation of Children in the Philippines, UNICEF Philippines, 2020.
PHOTO CREDITS
In order of appearance :
UNICEF
Rodney Z. / https://www.globalgiving.org/projects/help-500-filipino-children-literate-in-computer/reports/
Child Crime Prevention & Safety Center / https://www.google.ca/url?sa=i&url=https%3A%2F%2Fchildsafety.losangelescriminallawyer.pro%2Fchildren-and-grooming-online-predators.html&psig=AOvVaw3n6phSXcJ-4c1NvNs3iGDd&ust=1649986725441000&source=images&cd=vfe&ved=0CA0QjhxqFwoTCPCy1961kvcCFQAAAAAdAAAAABAT
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