(Last of two parts on online sexual exploitation of children)
THE internet is a place where one can seek new information and learning.
It is now widely used for a lot of things -- sharing information, communication and business transactions, among others.However, the internet has also developed a dark and sinister side which has become nearly uncontrollable -- online sexual exploitation of children (Osec).
"This technology has allowed vulnerable children to be exploited in new and unspeakable ways and given rise to possibly one of the darkest forms of human trafficking," Samson Inocencio, Jr., vice president for Osec Hub of International Justice Mission (IJM) Philippines.
In a study conducted by IJM and its partners titled "Online sexual exploitation of children in the Philippines," it said that "as high-speed internet connectivity has spread across much of the globe, offenders adopted its use as an additional method through which to exploit children."
"This newer, technological form of exploitation provides offenders convenient access to minors from home, work, or anywhere their mobile devices can access the internet, and it has largely shielded them from law enforcement detection and intervention," the study states.
IJM defines Osec as "the production, for the purpose of online publication or transmission, of visual depictions (e.g., photos, videos, live streaming) of the sexual abuse or exploitation of a minor for a third party who is not in the physical presence of the victim, in exchange for compensation."
"From the isolation of their homes, online predators wire money to traffickers and direct the live sexual abuse of the children for their personal viewing," Inocencio said.
He said Osec has become prevalent in the Philippines, making it a global hotspot for this form of child exploitation. The study showed that between 2010 and 2017, the Philippines received 237 referral cases from foreign law enforcement agencies. This is more than eight times as compared to other countries that have become hotspots for Osec.
One of the cases IJM encountered was that of "Joy," who was victimized for years by someone she trusted.
Her abuser, who was referred to as "Boss," abused Joy and dozens of children in their neighborhood in exchange for payment from foreigners.
According to the study, most of the customers of Osec are from Western countries like the United States, the United Kingdom, Germany and Australia.
"Boss started in what she calls her cyberporn business after noticing her neighbors engaged in the same activity," Inocencio said, adding that Boss was aware that the activity was illegal.
In 2013, IJM together with Philippine law enforcement agencies were able to arrest Boss and rescue 16 children including Joy.
To prevent children from falling into the hands of abusers and Osec customers, IJM, Philippine law enforcement agencies, and foreign law enforcement agencies are working together to fight Osec.
Born out of the study are recommendations that could prevent Osec and protect the children from it.
According to the study, there are two categories on where the Philippines can step-up its fight against Osec -- strengthen the country's justice system response to Osec and the improvement of detection and reporting Osec cases.
Strengthening justice system response
Inocencio said to strengthen the country's justice system response to Osec, the Philippines must step up its collaboration with international law enforcement agencies, establish holistic survivor care, and have trauma-informed, child protective prosecutions.
"The Osec study found that 64 percent of Osec cases in the Philippines was initiated by a foreign law enforcement referral sent to the Philippines law enforcement, underscoring the importance of collaboration," Inocencio said.
He said this can be done through the sending of referrals and sharing of information.
The study suggests that due to the volume of Osec cases in the Philippines, demand-side countries should assign liaison officers in the country to handle Osec cases. This will allow the Philippines and foreign states to "maintain and build on the improved relationships and communication practices that exist between them to better hold perpetrators accountable and decrease criminal impunity globally."
"Through relationships of collaboration, dedicated liaison officers can help ensure that investigative referrals get to appropriate operational units, additional support is offered and directed where it is most needed, and opportunities for successful casework outcomes are maximized. Additionally, longer rotations for these officers will support continuity and depth of relationships," the study states.
Inocencio said government and non-government service providers should also ensure a collaborative, trauma-informed, appropriate and holistic system of care exists to address the unique needs of Osec survivors on an individual, family and community level.
"In the Philippines, the younger age of children, the high percentage of perpetrating family members and the complicity of community members in Osec present challenges to existing systems of care for survivors of the crime, particularly in reintegration," the study states.
The study said that having a collaborative, trauma-informed, appropriate, and holistic system of care for Osec survivor "will reduce the likelihood of revictimization."
The study team "recommends that service providers gain a comprehensive understanding of the characteristics, vulnerabilities, risk, and resiliency factors of children, families, and communities impacted by OSEC in their contexts in order to inform recommendations for a robust system of care that will address the needs of these survivors."
Inocencio said the study also recommends that child protection measures and trauma-informed care be implemented throughout the prosecution process of Osec cases to protect survivors from re-traumatization.
He said they have noted several child protective measures effective in the Philippines.
"Examples include the use of plea bargaining agreements, recorded video in-depth interviews to minimize the number of survivor interviews and maximizing digital evidence to prove the case instead of requiring very young children to testify to horrific abuse," Inocencio said.
Improve detection and reporting
While IJM's Osec study was able to provide an informative glimpse of the Osec situation in the Philippines, the study admits that this is not enough to give a full picture of its situation in the country.
"The study was unable to measure the prevalence of Osec because Osec is an undetected and underreported crime. Moreover, victims were abused for two years, some for four years. One way to change that is to significantly improve the timely detection and reporting of Osec on the tech and financial sector platforms where it is happening," John Tanagho, IJM Philippines field office director in Cebu and Osec Hub developer, said.
He said the study recommends that technology platforms implement proactive detection measures to detect child sexual exploitation in live streaming.
"Right now, major electronic service providers with live streaming functionality do not monitor such data streams for possible child sexual exploitation materials (CSEM). In addition, because the live stream does not result in a stored image or video file, current detection methods such as photo DNA do not recognize sexual exploitation in live streaming," Tanagho said.
He added that this results in many live streaming crimes undetected and unreported.
Tanagho said for tech companies to detect live streaming, they will need to prioritize the protection of children.
"In particular the study calls on tech platforms to elevate the privacy interest of victimized children and prioritize detection of all child sexual exploitation materials as an essential business function," he said.
The study also calls on the technology sector to choose to develop and deploy innovative technologies including computer vision and machine learning applications of artificial intelligence to detect newly produced CSEM.
Lyndsey Olson, executive director of the National Center for Missing and Exploited Children in the US, said this is a good opportunity for technology firms to develop new ways of detecting crimes related to Osec on various online platforms.
"The potential is there for a new tool to detect the live streaming as it is happening and being able to respond and report the information to authorities as quickly as possible," Olson said.
Tanagho said based on the study, it is also important for tech firms, financial institutions, non-government agencies to collaborate in creating indicators to identify perpetrators of Osec.
"With cross-sector collaboration, we can put the puzzle pieces together to catch Osec offenders in time to protect children from years of abuse," Tanagho said.
In reporting Osec cases, the study also recommends that technology platforms report the maximum amount of information allowed under law instead of the minimum amount required.
"By providing more complete information of suspected Osec cases to the cyber tipline, tech companies can remove obstacles to identify offenders and victims," Tanagho said.
The study also recommends that the government pass legislation that expands and strengthens mandatory reporting laws about suspected child exploitation and requires companies to provide higher quality information in their reports.
"Increase detection and reporting will not only allow the global community to better understand where Osec is occurring. More importantly, timely detection and reporting will allow for victims to be identified and rescue much sooner," Tanagho said.
Protecting Osec victims
The Philippine government, meanwhile, has assured that victim-witnesses of Osec cases are protected under law.
Department of Justice (DOJ) Undersecretary Emmeline Aglipay-Villar said the Philippines has been utilizing measures under the Rule on Examination of a Child Witness to ensure the protection of the Osec victims during the judicial process.
Section 2 of the rule states that "the objectives of this Rule are to create and maintain an environment that will allow children to give reliable and complete evidence, minimize trauma to children, encourage children to testify in legal proceedings, and facilitate the ascertainment of truth."
"This law addresses the best interest of the child through procedures designed for handling children according to their capacity in court proceedings and eventually minimizing trauma to children," Aglipay-Villar said.
Among the provisions of the law is allowing video in-depth interviewing (Vidi) when the child testifies at court.
Under Section 29 of the Rule on Examination of a Child Witness, the court may consider Vidi as evidence if certain conditions are met as stipulated under the Rule.
According to the study, "once secured on video, it may be used to replace the child’s actual presence, and even testimony, in the following situations: (1) during inquest or preliminary investigation before the prosecutor, and (2) at trial before a court."
"This is being used if there is a substantial likelihood that the child would suffer trauma in testifying against the presence of the accused," Aglipay-Villar said.
Aglipay-Villar said another measure that is helping Osec victims is the plea bargain or plea agreement.
The IJM study states that "Plea bargaining has been found to be an effective method for resolving trials, as Osec traffickers plead guilty to a lesser offense."
"In the case of successful plea bargain agreements, the measures significantly reduce the cost of administering justice allowing for the sustainable and timely prosecution and adjudication of human trafficking cases," Aglipay-Villar said.
She added that the accuse will be convicted without the victim having to narrate his or her traumatic experience.
"Considering that full-blown prosecution would take about two to three years, a victim-witness would have to endure several years of trial prolonging their anxiety and trauma. A successful plea bargaining agreement would be able to reduce the time necessary to attain a conviction and thus reduce trauma to the victim," Aglipay-Villar said.
However, she said the plea bargaining must be agreed by the parties and approved by the court taking into consideration the rights of the victim and accused the evidence, and best interest of the child.
Data from IJM showed that from the start of its OSEC program in 2011 to the end of 2019, the total count of convictions has reached 76, with 63 of those (83 percent) achieved through plea bargaining and 13 of those by full trial (17 percent).
Aglipay-Villar said there are also recovery and reintegration programs in place in the Philippines to assist Osec victims and trafficked persons. She said this is mainly lead by the Department of Social Welfare and Development.
"Whether it is in a residential care center or a community-based setting, these providers have an important responsibility to support survivors in their recovery and healing. This support often takes the form of necessary resources such as safe shelter, medical care, psychosocial support, education, and livelihood assistance," she said.
In the last decade, Osec has exposed the dark side of the internet and society. Within the privacy of homes, Filipino children are being sexually exploited to serve the pleasures of pedophiles abroad.
Osec is not merely a problem for the Philippines. Data would show that while the country is a global hotspot for Osec, this crime is more of a global problem. The internet has made Osec into a borderless crime that is victimizing children. This crime is not happening in the dark web but on the surface -- social media, emails, dating sites, and online chat rooms.
Hence, the IJM study points out that collaboration between different sectors -- local and foreign law enforcement agencies, non-government organizations, financial institutions, and tech firms -- is crucial to timely detect Osec cases and rescue the children.
"This is a hidden crime but it is more hidden than it needs to be. If we implement these recommendations, we can expose these hidden crimes and reach the children currently suffering undetected," Inocencio said.