THIS IS a most welcome development – the government wants to impose stricter regulations to effectively curb the spike in cases of online sexual exploitation of children (OSEC) during this COVID-19 pandemic.
The Cabinet, during a meeting on Jan. 11, called for the review of extant laws, rules and regulations related to addressing what child rights advocates describe as an epidemic of OSEC.
Indeed, stopping these online crimes goes beyond imposing sanctions against internet service providers (ISPs). There is also a need to do a comprehensive review of existing laws and policies to address conflicts and implementation bottlenecks.
A solution can be sought in this possible legal conundrum if the government takes the lead and actively enjoins all sectors involved – including ISPs and child rights advocates, in reviewing and amending current statutes.
Some cases in point are the Anti-Child Pornography Law which does not explicitly consider the often-ephemeral quality of OSEC committed through the viewing or “live streaming” of online content that does not need the offender to do any act of downloading or retaining any form of child sexual abuse materials. Also, the law does not fully contemplate the role of social media in the commission of OSEC.
The Anti-Trafficking in Persons Act does not specifically address persons who view child sexual abuse materials online. Its amended version is also silent on how ISPs can cooperate with governmental bodies to help prosecute offenders. It is also insufficient in addressing the reality that children may be recruited online through various sly tactics.
Some laws should also ensure that technological or other practical safeguards are in place to prevent or detect recruitment and trafficking, and capacity-building among ISP employees and government agents to ensure that they are able to detect the possibility of unlawful activity.
But addressing the OSEC epidemic needs a holistic approach, one that not only blame gaps in existing laws, or the inaction of a particular agency, but rather based on a comprehensive assessment of why such crimes are proliferating, to ensure that proper interventions are pursued.
To note, various studies have invariably pointed to poverty as one of the primary reasons why parents are resorting to trafficking their children online, especially as the pandemic posed economic difficulties to thousands of families.
Lastly, we enjoin the public to address OSEC using more appropriate terms, a simple yet sincere way to show that we are committed to understanding and fully addressing the issue at hand. It begins with simple acts, such as refraining from using the term “child pornography” as such normalizes and enables the concept that children willingly engage in such activities for pay, which is far from the reality that they are always victims of such horrid circumstances. Instead, we should call these materials “child sexual abuse materials,” as these materials are.
Using a holistic approach that is consultative, comprehensive, and compassionate is key towards defeating OSEC.
