Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

4555 See

HOUSE BILL NO.

Introduced by: Hon. Keith Micah “Atty. Mike” DLL Tan

‘AN ACT
ESTABLISHING THE NO CALL, NO TEXT AND NO E-MAIL REGISTRATION SYSTEM AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF

EXPLANATORY NOTE

Section Il of RA No. 10173 states that is the policy of the State to protect the
fundamental human right of privacy of communication while ensuring free flow of information
to promote innovation and growth. The State recognizes the vital role of information and
communications technology in nation-building and its inherent obligation to ensure that
personal information in information and communications systems in the government and in the
private sector are secured and protected

Recently, there is a proliferation of unsolicited promotional spam texts and calls
including fake job text and similar money scams targeting the general public across
telecommunications networks in the country. The sudden increase of unsolicited text messages
has caused an alarm due to an alleged leak of information and eventual misuse of these contact,
information for commercial purposes.

Thus, to prevent abuse and establish a more responsible and accountable business
practice by marketing and sales agents, this bill seeks to establish a “No Call, No text and No E-
mail Registry” to allow mobile phone subscribers and e-mail users to manage and limit the
outbound and unsolicited calls, text and e-mail messages that maybe received by registering a
telephone number in such registry. In this manner, mobile users shall have the freedom to
choose with whom they shall transact, and will reduce, if not eliminate, the proliferation of
potentially risky and harmful unsolicited calls or messages.

Furthermore, this version of the bill has been approved on third reading in the 18"
Congress and was transmitted to the Senate for its consideration

In view of the foregoing, the immediate passage of this measure is earnestly sought.
——-
ofa
Keith Micah “Atty. Mike” D.L Tan
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

4555

HOUSE BILL NO.

Introduced by: Hon. Keith Micah “Atty Mike” DL Tan

‘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 E-mail

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-a-
vis unsolicited commercial speech;

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

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

4d) Protect subscribers from unwanted calls, texts and e-mails inducing the purchase of
goods or services and other forms of solicitation.

CHAPTER II

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) 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;

b) 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;

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



d) 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;

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

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

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

h) 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;

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

j) Public telecommunications entity (PTE) refers to any person, natural or juridical,
government or private engaged in the provision of telecommunications services to the
public for compensation.

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

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

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

n) Unsolicited call, text or e-mail refers to a call, a text message or an e-mail that may not
be any of the following:

1. Not initiated by the recipient of the call or message containing commercial
promotions or advertisements, 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.

2. Causes an installation of programs on the subscriber's device without

consent

Contains false or misleading electronic representations redire:

websites, chat platforms, and the like; and

4, Triggers the collection of personal information by accessing an electronic
device illegally

1g to

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 public
telecommunications entity (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 outbound 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 eighteen (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 £-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 Il
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
cc. An unsolicited 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;

c. 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;

fe. 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, loan or
comparable ongoing commercial relationship;

£. When its sole purpose is to conduct market research or market survey;



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

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

Other acts that may be identified by the Privacy Commission.

SEC. 14. Filing of Complaint - Complainants may file their complaints with the National
Privacy Commission, which shall act on all complaints received within fifteen (15) days from
receipt of such complaints.

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. For a juridical person, a fine of not less than Fifty thousand pesos (P50,000) nor
more than One hundred thousand pesos (PI00,000.00) for each violation: Provided,
That its officers directly responsible for the violation shall suffer the penalty or fine
of not less than Fifty thousand pesos (P50,00000) but not more than One hundred
thousand pesos (P100,000.00); or

b. For a natural person, a fine of not less than Fifty thousand pesos (P50,000.00) but
not 2 more than One hundred thousand pesos (P!00,000.00).

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 provision or part of this Act is declared
unconstitutional, the remaining parts or provisions not affected shall remain in full force and


effect.
SEC. 21. Repealing Clause. - All other laws, decrees, executive orders, proclamations, and
other executive issuances which are not consistent with or contrary to the provisions of this Act

are hereby repealed or amended 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,