Firstly, given that families are often the principal operators of child pornography,
gathering testimonies and witnesses is difficult, because children refuse to testify
against their parents. Furthermore, in the Philippines, child pornography is an open
secret that benefits various members of the community. From remittance centres to
tricycle drivers who collect money for operators, an entire chain of potentially liable
individuals and companies claim ignorance whilst benefiting from this exploitation.
For many
families, child
pornography
is simply
an extension
of the ways in
which
they struggle
to survive...
When it comes to prosecuting cases of child cyber pornography, there is an
uncertainty around intermediary liability given that there are many actors involved.
Internet platforms where child sex performances take place may not have adequate
monitoring systems. They either refuse to divulge information under their privacy
policies, or store data for only a limited period of time to be useful for retrospective
investigations. Furthermore, given that families, money transfer agencies, and
several other individuals and companies are all involved, law enforcers may be
uncertain about who to prosecute.
Because perpetrators are located in different countries, their anonymity
complicates police investigations. The police themselves have insufficient training
on cybercrimes to take cases forward. Recently, however, the US Department
of Homeland Security pledged its assistance to the fight against child cyber
pornography in the Philippines, which will make it easier to charge and arrest
perpetrators in various countries in the future.
One of the most significant barriers to accessing justice and curbing the problem
is that operators are always one step ahead of law enforcement agencies when
it comes to technology. Even if arrests are made and operators are jailed, new
operators very quickly replace them. By coordinating through mobile phones, child
pornography dens are able to quickly shift location. Moreover, with increasing
numbers of people having access to personal laptops, performances can take place in
hotel rooms and other private locations that are difficult to trace.
In Cordova, it used to be easy to pinpoint who in the community have internet
connections because there were antennas protruding from rooftops. Local
authorities are said to have used them as leads in hunting down those engaged in
cyber-pornography. Because of this, operators resorted to the use of broadband,
which are indoors and difficult to detect from the outside.
32
<End Violence: Women’s Rights and Safety Online>
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