This document contains I-Cafe Pilipinas' position paper on the implementing rules and regulations of the Anti-Child Pornography Act of 2009. It provides background on I-Cafe Pilipinas and the consultation meeting on the draft IRR. It then examines specific sections of the law concerning internet cafes, the proposed IRR, and offers recommendations. Key recommendations include: 1) Expanding the definition of internet service provider to exclude internet cafes; 2) Opposing blanket internet filtering and instead supporting targeted blocking of suspected sites; 3) Seeking inclusion of I-Cafe Pilipinas in the Inter-Agency Council Against Child Pornography. The position paper aims to provide input on properly

1. I-CAFÉ PILIPINAS
5 F. Balagtas St., Marikina Heights
Marikina City, Metro-Manila, Phils.
Website: http://www.icafepilipinas.org/
Email Address: info@icafepilipinas.org
A Position Paper in Response to the Drafting
of the Implementing Rules and Regulations of
Republic Act No. 9775 (Anti-Child Pornography Act of 2009)
I. BACKGROUND: I-Café Pilipinas as the national advocacy body of the Internet café industry in the Philippines
was invited to attend the Regional Consultation on the Drafting of the Implementing Rules and Regulations (IRR)
of Republic Act 9775 (Anti-Child Pornography Act of 2009) held last March 9, 2010 at College of Saint Benilde in
Manila. This position paper is prepared to formalize the positions of I-Café Pilipinas with regards to the
implementation of some provisions of RA 9775 which directly concern the Internet café (i-café) owners in the
country. It is hoped that the technical working group that will finalize would consider the inclusions of our
recommendations in the implementation of the law.
For our purpose, this position paper will only cover the sections of the law that specifically concern the i-cafés
and its operations, the proposed IRR for the said section as written in the draft and our recommendations on the
implementation of the said sections of the law. The non-inclusion of the other sections of the law in this position
paper can be construed as our agreement to the implementation rules as discussed during the consultation
meeting.
II. SECTIONS OF THE LAW THAT CONCERN THE I-CAFÉ INDUSTRY, THE PROPOSED IMPLEMENTING
RULES AND REGULATIONS AND OUR SUGGESTIONS AND RECOMMENDATIONS :
Sections of the Law That Proposed Implementing Rules and
Our Suggestions and Recommendations
Concern the I-Café Industry Regulations – RA 9775
Section 3: Definition of Terms Section 5: Definition of Terms A) We suggest that the definition of “Internet
service provider (ISP)” be expanded to
(g) “Internet service provider (i) “Internet service provider (ISP)” become “refers to a person or entity that
(ISP)” – refers to a person – refers to a person or entity supplies or proposes to supply an internet
or entity that supplies or that supplies or proposes to carriage service to the public such
proposes to supply an supply an internet carriage telecommunication companies (telcos),
internet carriage service service to the public. cable TV companies (CATV) and the like
to the public. but excluding internet cafes and kiosks”. We
wish to emphasize that i-cafes are just
providing internet access to the public but
the carriage of the internet signal is not part
of its services.
Section 9: Duties of an
Internet Service Provider (ISP) NOTE: There was no discussion of B) We oppose the use of a blanket filter to
the proposed IRR for this block incoming and outgoing internet
. . . . . All ISPs shall install provision of the law because contents that may have child pornography
available technology, program the agency mandated by the in them. Experience of other countries
or software to ensure that law to promulgate the confirms degradation of internet service if
access to or transmittal of any specific IRR for the technical blanket filtering of the web is done and such
form of child pornography will be sections, the National practice can easily intrude into the privacy
blocked or filtered. Telecommunications of an individual on mere suspicion of being
Commission (NTC) has not a violator of RA 9775.
yet submitted it to the
technical working group Instead of a blanket filter, we suggest the IP
headed by DSWD. ban of suspected sites to be recommended
by the Inter-Agency Council Against Child
Pornography (IACACP).

2. Sections of the Law That Proposed Implementing Rules and
Our Suggestions and Recommendations
Concern the I-Café Industry Regulations – RA 9775
Section 20: Inter-Agency Section 6: Creation – The Inter- C) Considering that the primary objectives in
Council Against Child Agency Council Against Child the formation of the Inter-Agency Council
Pornography – There is hereby Pornography (IACACP) shall be Against Child Pornography (IACACP) are to
established an Inter-Agency established which shall be primarily coordinate, monitor and oversee the
Council Against Child tasked to coordinate, monitor and implementation of the law and that i-cafés
Pornography to be composed of oversee the implementation of the are possible areas where violations of its
the Secretary of the DSWD as Act. provisions may occur, I-Café Pilipinas sees
chairperson and the following as its position as an NGO that could help in the
members: Section 7: Composition – The Council.
Council shall be composed of the
. .(l) Three (3) representatives following: The inclusion of I-Café Pilipinas among the
from children’s NGOs worth nominating as a member of
nongovernmental (l) Three (3) representatives from IACACP is hereby sought when the Council
organizations. These children’s nongovernmental start considering the qualification, selection
representatives shall be organizations. and appointment of the three (3) NGOs that
nominated by the will form part of it.
government agency Section 8: Qualifications,
representatives of the Selection and Appointment of
Council for appointment NGO and its Representative - The
by the President for a NGOs, with national and international
term of three (3) years networks, and its representatives to
and may be renewed the Council must have a proven track
upon renomination and record of involvement in the
reappointment of the prevention and suppression of child
Council and the President pornography. They shall be
respectively. nominated by the government
agency representatives of the
Council and shall be selected by
majority vote thereof and endorsed to
the President. They shall be
appointed by the President for a term
of three (3) years.
With the above suggestions and recommendations, I-Café Pilipinas hereby offers its services in the initiatives to
protect the children against all forms of abuse whether it be committed online or offline by unscrupulous
members of society.
Prepared by:
Edgardo C. Zafra
Chair, I-Café Pilipinas