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HOUSE BILL NO. 425 1

Introduced by: REP. TOBIAS “TOBY” M. TIANGCO
EXPLANATORY NOTE

For the past two years, Filipinos have received an alarming number of
suspicious SMS and emails from unknown persons. In the first half of 2022 alone,
Globe Telecom Inc. has already blocked around 138 million spam emails and scam
text messages. Scammers use these spam messages and emails to prey on Filipino
consumers by offering them jobs and prizes or to register bank accounts to receive
discounts and freebies.

This measure seeks to protect the fundamental right of a mobile phone
subscriber and email user to privacy, as well as the adoption of more responsible
and accountable business practices by marketing and sales agents. The bill requires
“prior consent from the subscriber before commercial or promotional advertisements,
or push messages may be sent to them or when the subscriber has specifically
opted to receive said messages without additional cost.”

This bill has passed three readings in the 18" Congress as HB 9608 and was
transmitted to the Senate for its consideration.

TOBIAS “TOBY” M. TIANGCO
Representative
Lone District, Navotas City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4251

Introduced by: REP. TOBIAS “TOBY” M. TIANGCO

AN ACT ESTABLISHING THE ‘NO CALL, NO TEXT, AND NO E-MAIL
REGISTRATION SYSTEM’ AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
Be in enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
CHAPTER 1
TITLE AND DECLARATION OF POLICY

SECTION 1. Short Title. - This Act shall be known as the “No Call, No Text, and No Email
Registration System Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to:

a) Protect the interest of mobile phone subscribers and electronic mail (e-mail) users vis-
4-vis unsolicited commercial speech;

b) Provide a standard of conduct for business and industry in sending text messages and
e-mails to subscribers;

©) Promote the fundamental right of a mobile phone service subscriber and e-mail user
to privacy; and

d) Protect subscribers from unwanted calls, texts and e-mails inducing the purchase of
goods or services and other forms of solicitation.


CHAPTER IT

DEFINITION OF TERMS, MECHANISMS FOR THE ESTABLISHMENT OF A ‘NO

CALL, NO TEXT, AND NO E-MAIL REGISTRATION’ SYSTEM

SEC. 3. Definition of Terms. — As used in this Act:

a)

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d)

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Caller or sender refers to any person, and in the case of a juridical person, an
employee or agent, who initiates a call, a text message or an e-mail for the purpose of
making an outbound or unsolicited call, text message or e-mail;

Consent refers to a written contract signed by both the subscriber and a representative
of the public telecommunications entity (PTE) indicating that the subscriber opted to
receive such commercial or promotional advertisement or push message;

E-mail refers to any message distributed by electronic means from one computer user
to one or more recipients via a network.

Negative option refers to a feature which shall enable a person to stop receiving any
call, text or e-mail from a caller or sender;

No Call Registry refers to the listing of Philippine telephone numbers to which a
specified voice message shall not be sent;

No E-mail Registry refers to the listing of Philippine e-mail addresses to which a
specified e-mail shall not be sent;

No Text Registry refers to the listing of Philippine telephone numbers to which a
specified text message shall not be sent;

Outbound call, text or e-mail refers to a telephone call, text message or e-mail
initiated by any caller or sender to induce the purchase of goods and services;

Prize refers to anything offered, or purportedly offered, and given, or purportedly
given, to a subscriber by chance;


i) Subscribers refer to clients of telecommunications companies, whether under a pre-
paid or post-paid plan;

k

Text refers to any message sent via short message service (SMS);

Upselling refers to soliciting the purchase of goods or services following an initial
transaction during a single telephone call, text message or e-mail;

m) Unsolicited call, text or e-mail refers to a call, a text message or an e-mail which is
not initiated by the recipient of the call or message such as upselling, surveys,
awarding of a prize when the recipient did not join or subscribe to any game or
activity, or solicitation by any non-profit and charitable institution, whether or not the
call, text message or e-mail induces the purchase of goods or services.

SEC. 4. Subscriber's Consent Prior to Sending Promotional Advertisements or
Messages. ~ Commercial or promotional advertisements, or push messages may only be sent
to a subscriber who has given prior consent or has specifically opted-in to receive said
messages without additional cost. All commercial or promotional advertisements, or push
messages must contain an accurate description of the message, identity and contact number
of the PTE who sent or caused to send the message.

SEC. 5. Establishment of No Call, No Text, and No E-mail Registries. ~ The National
Privacy Commission, hereinafter referred to as the Privacy Commission, shall establish a No
Call Registry, No Text Registry, and a No E-mail Registry: Provided, That, the identity of
persons registered shall be kept highly confidential: Provided, further, that only the telephone
numbers and the e-mail addresses of registered persons may be accessed from the registries.

SEC. 6. Registration in the No Call, No Text, and No E-mail Registries. — A
subscriber may manage and limit the inbound and unsolicited call, text and e-mail messages
that maybe received by registering a telephone number in the No Call and No Text Registries
or an e-mail address in the No E-mail Registry upon presentation of a government
identification and proof of exclusive ownership over a particular telephone number or e-mail
address, and upon payment of a fee as determined by the Privacy Commission: Provided,
That the registration of mobile numbers of a subscriber or e-mail address of a user below
cighteen (18) years of age may be done by the user’s parent or legal guardian. Such
registration shall be valid for a period of one (1) year, subject to renewal.

SEC. 7. Removal of Numbers and E-mail Addresses. — Telephone numbers and e-mail
addresses registered in the No Call, No Text, and No E-mail Registries shall not be changed
nor removed except upon the request of the owner in writing. Invalid or disconnected
telephone numbers and e-mail addresses may be changed or removed upon adequate
validation by the Privacy Commission.


SEC. 8. Opt-out mechanism. — All PTEs shall provide a mechanism for subscribers to
opt out any time from the broadcast messaging service at no cost to the subscriber or
recipient. The opt-out mechanism must enable the subscriber or recipient to indicate the
decision not to receive any commercial or promotional advertisement or push message from
the PTE.

SEC. 9. Negative Option Requirement. — A person whose number is not registered in
the No Call and No Text Registries or whose e-mail is not registered in the No E-mail
Registry may manage and limit outbound and unsolicited calls, text messaging or e-mails
through the negative option feature. All mobile phone callers or text message senders shall set
up a negative option which shall be available to the recipient immediately upon answering the
call, or at the beginning of the text or the e-mail after providing the required information under
Section 10 of this Act. Upon selection of the negative option feature, the caller or sender
shall not make any further step to persuade the recipient and immediately end the call
or stop sending any text message or e-mail to the recipient. The recipient shall report and
register the name and the number of the person, company or organization who made the call,
sent the message or e-mail to the No Call, No Text, and No E-mail Registries in order to
make the caller or sender liable for violation of this Act for any subsequent call, text message
or e-mail. This prohibition shall apply to the caller or sender regardless of the goods or
services offered and the telephone number or e-mail address used to contact the recipient.

SEC. 10. Requirement for a Caller or Sender. — No person shall make an outbound
or unsolicited call, text message or e-mail unless such person:

a) Registers and thereafter, obtains a certified true copy of the No Call, No Text,
and No E-mail Registries from the Privacy Commission: Provided, That the
Privacy Commission shall have the power to set reasonable fees for the
reproduction of these registries; and

b)

Discloses the full name of the caller or sender, the company, or organization
for whose benefit the call, text message or e-mail is being made, and the
telephone number of a fixed line where such identity can be established and
verified.

SEC. 11. Responsibility of Caller or Sender. — \t shall be the responsibility of any
caller or sender to register under Section 10 hereof and to get information on the numbers
and e-mail addresses which are registered in the No Call, No Text, and No E-mail Registries.
Possession of a certified true copy of the No Call, No Text, and No E-mail Registries prior
to the date the call is made, or the text message or e-mail is sent shall be considered prima
‘facie evidence of knowledge on the part of the caller or sender.


CHAPTER IIL
PROHIBITED ACTS, FINES, AND PENALTIES

SEC. 12. Prohibited Acts. — Non-registration of the caller or sender as required under
Section 10 of this Act shall be considered a violation of this Act.

Except otherwise provided in this Act, no person, whether natural or juridical, shall
make:

a) An unsolicited call to any telephone number listed in the No Call Registry;
b) An unsolicited text to any telephone number listed in the No Text Registry; and

) Anunsolicited e-mail to any e-mail address listed in the No E-mail Registry.

‘The PTE that shall give the special access to numbers or e-mail addresses of their
subscribers to commercial or marketing agencies without the latter’s consent shall be held
liable under this Act. The use of an automatic dialer or any electronic device that
automatically or randomly contacts telephone numbers is prohibited. Any violation of this
section shall constitute the crime of unauthorized processing as defined and penalized under
Sections 25(a) and 25(b) of the Data Privacy Act of 2012, without prejudice to a further fine
that may be imposed by the Privacy Commission as provided for in this Act.

SEC. 13. Exceptions. ~ This Act shall not apply to a caller or sender under the
following circumstances:

a) In representation of a public agency who is not promoting any of its programs for
commercial purpose;

b) Action undertaken in a personal capacity;

©) Action prompted by a necessity to respond to an emergency that threatens the life,
health or safety of any individual;

d) When the sole purpose of the call, text or e-mail is to —

1) Facilitate, complete or confirm a transaction that the recipient of the message
has previously agreed to enter with the sender;

2) Provide warranty information, product recall information or safety or security
information with respect to a product or service purchased or used by the
recipient of the message;


3) Deliver goods or services, including product updates or upgrades, that the
recipient message is entitled to receive under the terms of the transaction that
the recipient previously agreed to enter with the sender;

e)

When with reference to an ongoing purchase or use by the recipient of goods or
services offered by the sender, the sole purpose of the call, text or e-mail is to —

1) Notify a change in its terms or features,
2) Notify a change in the standing or status of the recipient of the message, or

3) Provide, at regular periodic intervals, account balance information or other
type of account statement with respect to a subscription, membership, account,
Joan or comparable ongoing commercial relationship;

f) When its sole purpose is to conduct market research or market survey;

When sent to an organization other than an individual acting in a personal
capacity, for whatever purpose of the receiving organization;

g)

h)

When done by duly recognized charities, religious institutions, or educational
institutions which are not considered as telemarketers, non-profit organizations,
and other exempt organizations under appropriate rules and regulations; or

i) Other acts that may be identified by the Privacy Commission.

SEC. 14, Filing of Complaint. — Complainants may initially file their complaints with
the PTE, which shall act on all complaints received within fifteen (15) days from receipt of
such complaints. Complainants who are not satisfied with the action of the PTE may bring
the matter to the Privacy Commission.

SEC. 15. Liability of Caller or Sender. ~ A caller or sender who commits any violation
under Sections 4, 9, and 10 of this Act shall be held solely liable. If the caller or sender acted
for the benefit of another person, natural or juridical, and with authority from the latter, they
shall be both held separately liable for the violation. However, if the caller or sender acted for
the benefit of another person, natural or juridical, without authority from the latter, the former
shall be held solely liable. Any caller or sender who calls, sends a text message or e-mail to a
subscriber who is in the No Call, No Text, and No E-mail Registries shall be fined for each
call, text or e-mail.

SEC. 16. Penalties. — Without prejudice to administrative sanctions that may be
imposed by the Privacy Commission, or to civil or criminal liability, any person found to be


in violation of any provision of this Act or its implementing rules and regulations, shall be
imposed the following penalties:

a) Fora juridical person, a fine of not less than Fifty thousand pesos (P50,000) nor
more than One hundred thousand pesos (P100,000.00) for each violation: Provided,
That its officers directly responsible for the violation shall suffer the penalty of fine
of not less than Fifty thousand pesos (P'50,000.00) but not more than One hundred
thousand pesos (P100,000.00); or

b) Fora natural person, a fine of not less than Fifty thousand pesos (P50,000.00) but
not more than One hundred thousand pesos (P100,000.00).

SEC. 17. Charges and Fees. ~ The Privacy Commission shall, within one hundred
(100) days from the enactment of this Act, develop and promulgate a schedule of fees and
charges it may collect from entities who shall access the No Call, No Text, and No E-mail
Registries

CHAPTER IV
FINAL PROVISIONS

SEC. 18. Appropriations. — The Privacy Commission shall immediately include in its
programs the implementation of this Act, the initial funding of which shall be charged against
its current year’s appropriations. Thereafter, such sums as maybe necessary for the continued
implementation of this Act shall be included in the Annual General Appropriations Act.

Proceeds from penalties herein imposed shall accrue to the General Fund.

SEC. 19. Implementing Rules and Regulations. — Within ninety (90) days from the
effectivity of this Act, the Privacy Commission shall promulgate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 20. Separability Clause. —If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof that are not affected thereby shall
continue to be in full force and effect.

SEC. 21. Repealing Clause. ~ All other laws, decrees, executive orders, proclamations
and administrative regulations, or parts thereof inconsistent herewith are hereby repealed or
modified accordingly.

SEC. 22. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in
the Official Gazette or in a newspaper of general circulation.

Approved.