MANILA – President Rodrigo R. Duterte has signed a law that provides authorities with extra tools to pursue human traffickers, especially when the breaches use the internet and digital platforms.
On June 23, Duterte signed Republic Act (RA) No. 11862 or the Expanded Anti-Trafficking in Persons Act of 2022, but a copy of the document was issued to reporters on Tuesday.
The law modifies Republic Act 9208, also known as the Anti-Trafficking in Persons Act of 2003.
Among the most crucial aspects of RA 11862 is the accountability of “internet intermediaries” who “knowingly or by gross negligence allow their internet infrastructure to be used for the purpose of promoting trafficking in persons.”
It also holds accountable “financial intermediaries”, including banks and credit card companies and money transfer or remittance centers, who knowingly or by gross negligence allow their services, online platform, and applications, among others to be used for promoting trafficking.
The law also classifies producing, printing, and issuing or distributing unissued, tampered, or fake passports and birth certificates as acts that promote trafficking in persons.
The RA 11862 mandates law enforcement agencies to immediately initiate an investigation and counter-trafficking intelligence gathering motu proprio or within 10 days upon receipt of statements, reports, or affidavits from victims of trafficking, migrant workers, or their families, internet intermediaries, and other persons who have personal knowledge or information about possible violations of this act including the private sector.
It also orders law enforcement officers to track, intercept, view, monitor, surveil, listen to, and record using any type of electronic or intercepting devices, any communications, information, or messages, a person charged with, suspected, or reasonably believed to have committed violations upon a written order from the Regional Trial Court (RTC).
A written order from the RTC, however, will not be required when the victim is a child and the offense involves the use of computer systems and digital platforms.
“Any person who has personal knowledge of the commission of any offense under this Act, such as the trafficked person, the parents, spouse, siblings, children, legal guardian, officer or social worker or representative of a licensed child-caring institution, officer, or social worker of the DSWD, Philippine National Police or National Bureau of Investigation, officers, barangay chairperson, or at least three concerned citizens where the violation occurred, may file a complaint under this Act,” according to RA 11862.
Under the previous law, only a person with personal knowledge of the conduct of a crime under the act, the trafficked person, or the person’s parents, spouse, siblings, children, or legal guardian may file a complaint for trafficking.
RA 11862 is a consolidation of Senate Bill No. 2499 and House Bill No. 10658, which was passed by the Senate and the House of Representatives last February 2.
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