A New World to Worry About

By Jordan B. Jalbuna, CPA

No more basking in the afternoon sun. No more thrills amid several rounds
of patintero, luksong baka, and agawang base. Less physical, more digital.
Today, the world is new, especially for children.
Fast-paced technological innovation and widespread accessibility of
information and communication technology (ICT) have transformed
societies around the world. Children in particular have unprecedented
access to computers and mobile technologies, and have in recent decades
tended to adopt these from an early age, resulting in ICTs becoming
thoroughly embedded in their lives. Although the exploitation of children is
not a new phenomenon, the digital age has exacerbated the problem and
created more vulnerability to children.1 Take the story of 17-year old
Rosalyn and her siblings, who were rescued during a cyber-crimes police
operation in the Philippines, when their parents were caught forcing the
two oldest girls to perform sexual acts that were livestreamed on the
internet.2
With everything going digital, the world has become even perilous for
children.

The World at their Fingertips

Globally, 3.2 billion people are using the internet by end of 2015, of which 2
billion are from developing countries. By end 2015, there are more than 7
billion mobile cellular subscriptions, corresponding to a penetration rate of
97%, up from 738 million in 2000. Between 2000-2015, global internet
1 Cybercrime: Protecting Children from Online Abuse and Exploitation, Unodc.org. Available from
<https://www.unodc.org/unodc/en/frontpage/2015/July/cybercrime_-protecting-children-from-onlineabuse-and-exploitation.html?ref=fs1https://www.unodc.org/unodc/en/frontpage/2015/July/cybercrime_protecting-children-from-online-abuse-and-exploitation.html?ref=fs1>. Accessed on November 13, 2016
2 Perils and Possibilities: Growing Up Online, Unicef.org Available from
<https://www.unicef.org/endviolence/endviolenceonline/files/UNICEF_Growing-up-online.pdf>.
Accessed on November 13, 2016

penetration grew 7 fold from 6.5% to 43%. The proportion of households

with internet access at home increased from 18% in 2005 to 46% in 2015. 3
In a study by Kasperksy Lab, it was found that four in ten (44%) admit to
being online constantly, rising to 61% of those aged between 14 and 16 and
falling to a still surprising 25% of those aged eight to ten.4
These trends indubitably show childrens easy access to internet. A study
by UNICEF in 2011 showed global data indicating childrens increasing
internet usage, both with regard to the number of children going online and
time spent on the Internet.5
In the Philippines, about two-thirds of children own a mobile phone, based
on a study written by childrens channel, Cartoon Network, in 2012. The
cable TV networks New Generations 2012 poll found that personal
ownership of mobile phones among Filipino children aged seven to 14 had
increased dramatically to 65% as of 2012, a 71% jump from the 38%
recorded three years earlier.6
The Perils of Easy Access
While increased connectivity brings about a faster world through numerous
perks, this also heightens childrens vulnerability. Easier access equates
greater riskthis seems to be the vilest menace of childrens exposure to
information and communication technology. This context facilitates
opportunities for the misuse of ICTs to abuse and exploit children. Children
can easily engage with strangers and exchange large data files, while the
possibilities for parental supervision and monitoring are restricted. Children
3 ICT Facts and Figures, The World in 2015, Itu.int. Available from <https://www.itu.int/en/ITUD/Statistics/Documents/facts/ICTFactsFigures2015.pdf>. Accessed on November 15, 2016.
4 Growing up online, what kids conceal, Kaspersky.com. Available from
<https://kids.kaspersky.com/wp-content/uploads/2016/04/KL_Report_GUO_What_Kids_Conceal.pdf?
_ga=1.127320398.274045712.1459999428)>. Accessed on November 15, 2016.
5 Child Safety Online: Global challenges and strategies, Unicef-irc.org, Available from
<https://www.unicef-irc.org/publications/pdf/ict_eng.pdf>. Accessed on November 15, 2016.
6 Jeffrey O. Valisno, Pinoy Kids Among the Most Connected in Region, Bworldonline.com, May 11,
2012. Available from <http://www.bworldonline.com/content.php?section=TopStory&title=Pinoy-kidsamong-the-most-connected-in-the-region&id=51536>. Accessed on November 15, 2016.

are also at particular risk as they often do not fully understand threats
associated with the use of ICTs, or are not sufficiently aware that, once
shared, control over such material is effectively waived.7
According to the Global Kids Online Research Synthesis Report 2015-2016
produced by the UNICEF Office of Research-Innocenti and the London
School of Economics and Political Science, in some countries, up to two
thirds of children have seen sexual content online and others reported
harmful or hurtful experiences online. The main causes of harmful or hurtful
experiences according to the children were internet scams, pop ups or
harassment.8
Moreover, in the study conducted by Kaspersky Lab, it was found that
majority of 8 to 16 year olds have concealed from their parents something
related to their online or device activity. Up to 70% of parents whose
children have successfully hidden online activity are unaware that their kids
conceal potentially dangerous online from them, such as inappropriate
content, interacting with inappropriate people, or cyberbullying.9
The risks and harms related to online activities are synthesized in the study
conducted by Sonia Livingstone and Leslie Haddon of EU Kids Online. They
defined a set of categories to understand these risks and harms. The
groupings elucidate the features of behaviors involved and help orientate
researchers and policymakers towards their different implications: a) online
harm from content (the child as a passive recipient of pornographic or
harmful sexual content); b) harm from contact (the child targeted as a
participant by an adult or another child in activities such as sexual abuse
that is photographed and then disseminated, for online grooming for sexual
abuse, or for bullying); and c) harm from conduct (the child actively initiates
risky or abusive behavior, for example, by creating or uploading
pornographic material, physically meeting an adult met online, placing
7 Study on the Effects of New Information Technologies on the Abuse and Exploitation of Children,
Unodc.org. Available from <http://www.unodc.org/documents/organizedcrime/cybercrime/Study_on_the_Effects.pdf>. Accessed on November 15, 2016
8 Children worldwide gain benefits, face risks online, Blogs.lse.ac.uk, November 1, 2016. Available
from <http://blogs.lse.ac.uk/gko/launching-the-global-kids-online-research-toolkit/>. Accessed on
November 15, 2016.
9 Supra at Note 4

images of her or himself or another young person online, downloading

abusive images of children or bullying). The range of adult behavior that
constitutes child sexual abuse online includes adults who sexually exploit
their own or other children for the production of child abuse images; those
who download images for their own personal use; those who create and
distribute images; and those who seek access to children online in order to
exploit them.10
Surely, online predators flock online, waiting to devour innocent preys. The
need for protection is called for.

Commitments and Enforcements

Several international instruments and commitments seek to provide a
framework to address the phenomenon and inform the creation of a
protective environment for children. Some international instruments focus
on abuse and exploitation as a child rights violation, in the broader context
of the promotion and protection of childrens rights and indivisibility.
Meanwhile, some aim to address various forms of transnational crimes and
while taking into account the human rights of persons affected, tend to
concentrate on response and prosecution. These international agreements
include the International Convention on the Rights of the Child (ICRC,
1989), Optional Protocol to the Convention on the Rights of the Child on
the sale of children, child prostitution and child pornography (OPSC, 2000);
Protocol to Prevent, Suppress and Punish Trafficking against Persons,
Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime (Palermo Protocol,
2000); Council of Europe Convention on Cybercrime (2001); and The
Council of Europe Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse (2007).11 These instruments do not just
provide guidance on addressing and responding to sexual exploitation and
abuse of children in the online environment. They also establish a set of
legally binding obligations for States Parties to take specific measures in
this respect. Together, they elaborate a comprehensive framework of child
rights, including definitions of offences and provisions that require
10Sonia Livingstone and Leslie Haddon, EU Kids Online: Final report, EU Kids Online, London
School of Economics and Political Science, London, June 2009, p. 10 .
11 Supra at Note 5, page 10.

punishment for criminalized behavior, and allow for more effective

prosecution of perpetrators.12 At present, the Philippines is a signatory to
the ICRC and the OPSC.
However, despite the increased focus on sexual exploitation and abuse
of children at the international level and the development of these new
global and regional human rights instruments, there continues to be a lack
of systematic implementation of the necessary legislation and subsequent
action at the national level.13
In the Philippines, as part of the countrys compliance with
international treaties concerning childrens rights, Republic Act No. 9775 or
the Anti-Child Pornography Act of 2009 was enacted. In 2012, Republic Act
No. 10175 or the Cybercrime Prevention Act of 2012 was passed to reaffirm
the prohibition against child pornography and punishes even engaging into
cybersex. Amid these pieces of legislation, the Philippines remains to be
among the worlds top sources of child pornography and is one of the
worst-affected countries in Asia-Pacific for online-abuse, according to the
UNICEF. The international agency also reported that at least 8 in 10 of
Filipino youth are at risk of online sexual abuse and bullying.14
While laws and political commitments are of fundamental importance to
target the problem, this could not be done without mechanisms in place to
implement and enforce them, and services to provide support to victims.
Law enforcement agencies are charged with the responsibility of ensuring
that laws are applied consistently and effectively and offenders prosecuted
and held to account. They therefore have a vital role in challenging sexual
exploitation and abuse of children. Social welfare agencies have a
responsibility to promote and protect the best interests of children who
have experienced abuse. These agenda of law enforcement agencies on one
hand and social welfare agencies on the other may sometimes come into
conflict. The challenge is to explore approaches that are both effective at
bringing about successful prosecutions while also ensuring that the
12 Ibid, page 11.
13 Supra at Note 5, p.11
14 Alexander Villafania, UNICEF: PH still among top sources of child pornography, News.abscbn.com, June 8, 2016. Available from <http://news.abs-cbn.com/nation/06/08/16/unicef-ph-still-amongtop-sources-of-child-pornography>. Accessed on November 15, 2016.

interests of the individual children concerned remain the paramount

consideration.15 The UNICEF has given these objectives in the framework
for the protection of children against online abuse: 1) empowering children
and promoting their resilience; 2) removing impunity for abusers; 3)
reducing availability of harmful material from the Internet and access to
harm; and 4) promoting recovery and rehabilitation for children who have
experienced harm.16
There is no gainsaying that coming up to an effective approach
requires collaboration among the lawmakers, government agencies, private
institutions and the ICT sector, teachers and especially, parents. Children,
more so, must be encouraged to speak up and stand against online abuse.
With children in the forefront of this problem, the burden of coming up with
an effective solution lies with adults.

15 Supra at Note 5. p.12.

16 Ibid, pp.15-19