Act: Provided, further, That a disputable presumption of knowledge by mall owners/operators and
owners or lessors of other business establishments should know or reasonably know that a violation
of this Act is being committed in their premises.
Photo developers, information technology professionals, credit card companies and banks and any
person who has direct knowledge of any form of child pornography activities shall have the duty to
report any suspected child pornography materials or transactions to the proper authorities within
seven (7) days from discovery thereof.
Any willful and intentional violation of this provision shall be subject to the penalty provided under
Section 15(l) of this Act.
Section 11. Duties of an Internet Content Host. - An internet content host shall:
(a) Not host any form of child pornography on its internet address;
(b) Within seven (7) days, report the presence of any form of child pornography, as well as
the particulars of the person maintaining, hosting, distributing or in any manner contributing
to such internet address, to the proper authorities; and
(c) Preserve such evidence for purposes of investigation and prosecution by relevant
authorities.
An internet content host shall, upon the request of proper authorities, furnish the particulars of users
who gained or attempted to gain access to an internet address that contains any form of child
pornography.
An internet content host who shall knowingly, willfully and intentionally violate this provision shall be
subject to the penalty provided under Section 15(j) of this Act: Provided, That the failure of the
internet content host to remove any form of child pornography within forty-eight (48) hours from
receiving the notice that any form of child pornography is hitting its server shall be conclusive
evidence of willful and intentional violation thereof.
Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the
city or municipality where an internet café or kiosk is located shall have the authority to monitor and
regulate the establishment and operation of the same or similar establishments in order to prevent
violation of the provisions of this Act.
Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the
investigation, prosecution and trial of an offense under this Act. Towards this end, the following rules
shall be observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred
to may, whenever necessary to ensure a fair and impartial proceeding and after considering
all circumstances for the best interest of the child conduct a closed-door investigation,
prosecution or trial;
(b) The name and personal circumstances of the child, including the child's immediate family,
or any other information tending to establish his/her identity shall not be disclosed to the
public;