Dear PAO,
I am a minor living with my mother. We are not very well-off, and my mother works two to three jobs just so my sister and I can go to school. Just recently, one of our neighbors told us about an opportunity to make money. She said it only involved chatting with foreigners on a social media platform, who would pay just for talking to him and dancing on camera. The money was really easy because most foreigners pay in dollars and all I had to do was chat and dance. I would like to know if what I am doing is illegal, even if I am ok with it?
Celiss
Dear Celiss,
Republic Act (RA) 11930 otherwise known as the Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act (OSAEC-CSAEM Act) punishes any sexual exploitation of a minor through online means. Section 3 (d) thereof specifically provides:
“Section 3. Definition of Terms - xxx (d) Child sexual exploitation refers to any of the following acts even if consent appears to have been granted by the child:
“(1) Child sexual abuse with consideration whether monetary or nonmonetary consideration, favor, or benefit in exchange for the opportunity to perform such abusive or exploitative act;
“(2) Actual sexual intercourse with a child or children with or without consideration;
“(3) Employing fraud, machination, undue influence, intimidation, threat or deception by any person to commit sexual abuse of or sexual intercourse with a child or children; or
“(4) Any other similar or analogous acts related to child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the development of the child.”
In addition, Section 4 (a, h, and i) of RA 11930 prohibits certain acts, regardless of the consent of the child, viz.: (1) hiring, employing, using, persuading, inducing, or coercing a child to perform or participate in any way in the creation or production of CSAEM; (2) recruiting, transporting, transferring, harboring, providing, or receiving a child or inducing or influencing a minor for any purpose that violates RA 11930; and (3) introducing or matching a child to a foreign national or to any person constituting an offense under RA 11930.
Even if the minor or his or her parents consent to the video call with a foreigner, it is still considered a crime if the child is subjected to sexual abuse or exploitation. The law says child sexual exploitation includes acts where consent appears granted, and it punishes anyone who hires, persuades, or matches a child for these video calls or chats.
Applying the foregoing to your case, the fact that you, a minor, were introduced to foreigners to chat and dance on camera for a fee, strongly indicates sexual abuse and exploitation, and therefore illegal, even criminal under the law. Even if you agree to it, the act is still considered illegal and the persons subjecting you to such condition can be prosecuted and penalized, because the law focuses on the acts of the perpetrator/s, not at the situation or status of the child.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
