b

SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES,
HB.No.__geg

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT
ESTABLISHING A MAGNA CARTA FOR PHILIPPINE INTERNET FREEDOM,
CYBERCRIME PREVENTION AND LAW ENFORCEMENT, AND CYBERDEFENSE
AND NATIONAL CYBERSECURITY

EXPLANATORY NOTE

For the better part of the last 20 years, the Internet and information and
communication technology (ICT) have increasingly become part of the Filipino way of life.
Rare now are the queues before public pay telephones; today, the penetration of mobile
phone subscription is pegged by the World Bank at 92%. Instead of handwritten letters and
voice tapes, OFWs and their families communicate in real time or in near-real time via
‘Skype, Facebook, Chikka internet-based texting, and email. Students are no longer limited by
the size and comprehensiveness of the local library; today, even advanced studies done in
developed countries are available to the furthest rural classroom that is equipped with a
computer and a broadband connection.

ICT is a practical, strategic agent! that is governed by universal ethical rules‘and
standards? and is used to address divisions in culture, education, government openness,

receptiveness, and transparency, as well as weaknesses in technical and financial capacity. As

' wUtilizing ICT for Sustainable Development in Developing Countries," Rahman.

http://www academiaedw/1637293/Utilizing ICT_for_Sustainable_Development_in_Developing_Countries
2 «RFC 1087: Ethics and the Internet," Internet Activities Board - Internet Engineering Task Force, 1987.
hutps:/tools jetf org/html/rfe 1087

3 wrao of the IETF: A Novice's Guide," Internet Engineering Task Force, 2012. http//www.ietforg/tao.htm!

1


such, many government officials and agencies have learned that ICT and the Internet are
powerful tools to promote their agenda and engage the citizenry. ICT tools and the Internet
proved invaluable in disaster management and rescue and relief operations during Ondoy,
Pepeng, and Habagat.* Communication through the Internet and social media is the hallmark
of the public service of PAGASA (@dost_pagasa), Project Noah (http://noah.dost.gov.phy/),
and the MMDA (@mmda). The use of ICT, the Internet, and social media can even be argued
to have been key to the election of President Benigno S. Aquino III.°

ICT has also been a boon to the Philippine economy, even in spite of an annual
telecommunications investment of only 0.014 % of the GDP. Through fast and reliable
corporate networks, the BPO, ITO, and other outsourcing industries have contributed USD 11
billion in export revenues, or an estimated 5.4% to the country’s GDP in 2011.’ The salary
scales of the average knowledge worker ranged from P10,000 to P100,000 in 2006,8
lessening the pressure for college graduates and professionals to seek employment abroad.

According to a 2009 World Bank study of ICT’s impact on economies, for every ten
percentage-point increase in high-speed Internet connections there is an increase in economic

growth of 1.3 percentage points—contrast this with 0.8 percentage point increase in

+ “ANC interview with Communications Undersecretary Manuel L. Quezon IIT, on engagement through new
media platforms," Presidential Communications Development & Strategic Planning Office, 14 August 2012.
http://pedspo.gov.ph/2012/08/ 1 4/anc-interview-with-communications-undersecretary-manuel-I-quezon-iii-on~
engagement:through-new-media-platforms!

5 "Facebook and Twitter — democratising participation in the Philippines,” Social Media and Politics: Online
Social networking and Political Communication in Asia, Espina-Letargo, 2010.

http://www kas.de/wfldoc/kas_21591-1522-1-30,pdf?110120093225
6 “Information and Communication Technology (ICT) Investment in Economically Developing Countries,”

Negash. 31 December 2006.

http://www.academia.edw/400086/Information_and Communication Technology ICT_Investment_In_Econom
ically Developing_Countries

7» fier dominating call centers, Philippine IT-BPO seeks world leadership in four more fast growing services,"
DOST-ICTO, 30 January 2012.
hitp/Awww.dost.gov.ph/index.php?option=com_content&view=articlesid=1096

® "An Input-Output Analysis of the Philippine BPO Industry", Magtibay-Ramos, Estrada, Felipe, 2 October
2007. http://www.nscb.gov.ph/ncs/| OtnNCS/papers/invited®%20papers/ips-02/ips02-03.pdf



economic growth per ten percentage point increase in mobile phone subscriptions.” Further
economic growth can be expected if the Philippine business environment provides for the
healthy growth of Internet and ICT infrastructure and services.

Shortly after the Internet was first used in the country in 1994, legislators have crafted
measures to ensure the protection of the public, such as the Electronic Commerce Act (R.A.
8792) and the Data Privacy Act (R.A. 10173). Unfortunately, there remains legislation that
confines the Philippines to 20th century capabilities in this 21st century information society.
Clearly, laws that have an impact on cyberspace must address the realities of the present and
the challenges of the future.

International treaties, agreements, and conventions, such as the UN Convention
Against Transnational Organized Crime, the International Convention for the Suppression of
the Financing of Terrorism, and the Budapest Convention, have highlighted the need for
nation-states to secure their ICT and Internet infrastructure. Reports on the use of ICT as
weapons — such as the alleged deployment of the “Stuxnet” worm by the United States
against Iran, the alleged hacking of the People’s Republic of China of Google servers, and the
recent attack on Middle Eastern oil production infrastructure by the Shamoon virus — have

shown the world that ICT can be used as weapons, and have thus shown the need for

countries to develop their own cybersecurity and cyberdefense capabilities. This is further
complicated by hostile non-state actors and politically-motivated “hacktivists” employing
massive botnets as a form of protest or attack, as cheap supercomputing provide even novices

the capability to crack tens of thousands of passwords in a few hours. The Philippines has not

been spared from such cyberattacks, the most recent being the defacement of the Philippine

9 «Information and Communications for Development 2009: Extending Reach and Increasing Impact,” World
Bank, 22 July 2009. (permanent URL:http://g0.worldbank.org/NATLOH7HVO; online
reading: http://issuu, com/world, bank.publications/docs/9780821376058)


News Agency website by suspected Chinese hackers'” and a distributed denial-of-service
(DDoS) attack on vital government websites and transport, telecommunications, and mass
media ICT networks allegedly by Taiwanese hacktivists.'’

The Intemet and ICT represent technological advances with the same progressive
societal impact as the printing press and the telegraph. Such innovations should be harnessed
for the common good, which includes the preservation and promotion of individual rights as
guaranteed under the Bill of Rights.

It is time for the establishment of a comprehensive State framework for the
administration of the Intemet and ICT in the Philippines, a task that should be jointly
undertaken by the government and the private sector. Unless this framework is set in place,
the temptation looms that the challenges engendered by these new technologies will be
addressed in a reactionary, irrational, and haphazard manner that ultimately impedes national
progress. This Bill provides for appropriate mechanisms and command structures within the
government to address ICT-enabled threats and promote online access and social benefits.

The Magna Carta for Philippine Internet Freedom is envisioned to ensure that the
Philippines and its citizens are able to meet the challenges posed by ICT and cyberspace, able

to wield it and benefit from it in charting a better future.’

(VEU

HERMINIO HARRY L, ROQUE JR.

'0-Chinese hackers’ deface PNA website,” ABS-CBNNews.com, 14 April 2013. http://www.abs-

cbnnews.convnation/04/14/13/chinese-hackers-deface-pna-website
‘Filipino Government Webites Hacked By Taiwanese, And Chinese Netizens Show Surprising Support”
International Business Times, Song, 13 May 2013. bttp-//www.it lipino-gove ites

-show-s 1t- 1254253,
"This bill was originally fil filed during the Fifteenth Congress, Third Regular Session.



Table of Contents

Part 1. General Provisions
Section 1. Short Title
Section 2. Declaration of Policies
Part 2. Definition of Terms
Section 3. Definition of Terms
Part 3. Internet Rights and Freedoms
Section 4. Right to Freedom of Speech and Expression on the Internet
Section 5. Universal Access
Section 6. Right to Privileged Access to and Control of Devices

Section 7. Protection of the Freedom to Innovate and Create Without
Permission

Section 8. Right to Privacy of Data
Section 9. Right to Security of Data
Section 10. Protection of Intellectual Property
Section 11. Protection of the Internet as an Open Network
Section 12. Promotion of Network Neutrality
Section 13. Transparency in Governance and Freedom of Information
Part 4. The Department of Information and Communications Technology
Section 14. Department of Information and Communications Technology
Section 15. Strategic Objectives of the DICT
Section 16. Powers and Functions of the DICT
Section 17. Composition of the DICT
Section 18. Secretary of ICT

Section 19. Regional Offices

Page No.

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Section 20.
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.

Section 26.
Institute

Section 27.
Section 28.
Section 29.
Section 30.

Section 31.

Table of Contents

Periodic Performance Review

Council of Chief Information Officers
National Telecommunication Commission
National Data Privacy Commission

ICT Legal Affairs Office
Telecommunications Office

National Information and Communications Technology

Freedom of Information and the Official Gazette
Compliance with Republic Act No. 6656.
Sectoral and Industry Task Forces

Structure and Staffing Pattern

Magna Carta for Scientists, Engineers, Researchers and other

S & T Personnel in the Government

Section 32.

Separation from Service

Part 5. Regulations for the Promotion of Internet Rights and Freedoms

Section 33.

Declaration of Compliance with Treaty Obligations and

International Conventions

Section 34.

Section 35.

Section 36. Amendments to the Public Telecommunications Policy Act of

The State as the Primary Duty-Bearer

Duties of the State Agencies and Instrumentalities

the Philippines

Section 37.

Section 38.
Philippines

Section 39.

Quality of Service and Network Fair Use

‘Amendments to the Intellectual Property Code of the

Content Fair Use

Page No.
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Table of Contents

Page No.
Section 40. Amendments to the E-Commerce Act st
Section 41. Amendments to the Data Privacy Act 52
Section 42. Repeal of the Cybercrime Prevention Act 52
Part 6. Cybercrimes and Other Prohibited Acts
Section 43. Network Sabotage 52
Section 44. Failure to Provide Reasonable Security for Data and Networks 33
Section 45. Violation of Data Privacy 54
Section 46. Violation of Data Security 58
Section 47. Illegal and Arbitrary Seizure 56
Section 48. Infringement of Intellectual Property Rights 37
Section 49. Fraud via ICT 58
Section 50. ICT-Enabled Prostitution and ICT-Enabled Trafficking in 59
Persons
Section 51. ICT-Enabled Child Prostitution and ICT-Enabled Child
Trafficking 6
Section 52. Internet Libel, Hate Speech, Child Pornography, and Other 6
Expression Inimical to the Public Interest
Section 53. Sabotage of Critical Networks and Infrastructure, Acts of 65

Cyberterrorism, and Cyberespionage.

Part 7. National Cybersecurity, Cyberdefense, Counter-Cyberterrorism, and Counter-
Cyberespionage

Section 54. Cyberwarfare and National Defense 68
Section 55, National Cybersecurity and Protection of Government 68
Information and Communications Technology Infrastructure

Section 56. Amendments to the AFP Modernization Act 69
Section 57. Counter-Cyberterrorism 71
Section 58, Counter-Cyberespionage n2


Table of Contents

Page No.
Part 8. Penalties

Section 59. Applicability of the Penal Code and Other Special Laws nR
Section 60. Penalties For Specific Violations of the Magna Carta for

aan nR
Philippine Internet Freedom
Section 61. Penalties for Violations of the Magna Carta for Philippine 80
Internet Freedom Affecting Critical Networks and Infrastructure
Section 62. Penalties for Other Violations of the Magna Carta for

aan 80
Philippine Internet Freedom
Section 63. Penalties for Violations of the Magna Carta for Philippine 80
Internet Freedom Committed by a Public Official or Employee
Section 64. Liability Under the Data Privacy Act, the Intellectual Property
Code, the Optical Media Act, the Anti-Child Pornography Act of 2009, 81
the Special Protection of Children Against Abuse, Exploitation and
Discrimination Act, the Penal Code, and Other Laws
Section 65. Competent Law Enforcement Agencies 82
Section 66. Cybercrime Courts 82
Section 67. Jurisdiction of Cybercrime Courts 83
Section 68. Extraterritorial Application of the Magna Carta for Philippine 84
Internet Freedom

Part 9. Implementing Rules and Regulations

Section 69. Rules and Regulations for the Implementation of the Magna 84
Carta for Philippine Internet Freedom
Section 70. Implementing Rules and Regulations for Information and 85
Communications Technology Infrastructure Development
Section 71. Implementing Rules and Regulations for Cybercrime Law 85
Enforcement
Section 72. Implementing Rules and Regulations for Information and 85
CommunicationsTechnology Education, Training, and Human Resources
Section 73. Implementing Rules and Regulations for Information and 85

Communications Technology Research and Development


Table of Contents

Page No.
Section 74. Implementing Rules and Regulations for National
Cyberdefense, Cyberintelligence, Counter-Cyberterrorism, and Counter- 86
Cyberespionage
Section 75. Periodic Review of the Implementing Rules and Regulations 87
of the Magna Carta for Philippine Internet Freedom

Part 10. Final Provisions
Section 76. Appointment of the Secretary of Information and 87
Communications Technology
Section 77. Release of Initial Appropriations 87
Section 78. Preparation of Implementing Rules and Regulations 87
Section 79. Compliance of Government ICT Infrastructure and Critical 87
Networks, Data, and Internet Infrastructure
Section 80. Public Information Campaign for the Magna Carta for 88
Philippine Internet Freedom and its Implementing Rules and Regulations
Section 81. Initial Funding Requirements 89
Section 82. Succeeding Appropriations 90
Section 83. Separability Clause 90
Section 84. Repealing Clause 90
Section 85. Effectivity Clause 90


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SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES, )
First Regular Session )

HOUSE OF REPRESENTATIVES

H.B.No._ G66

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT
ESTABLISHING A MAGNA CARTA FOR PHILIPPINE INTERNET FREEDOM,
(CYBERCRIME PREVENTION AND LAW ENFORCEMENT, AND CYBERDEFENSE
AND NATIONAL CYBERSECURITY

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Part I, General Provisions

SECTION 1. Short Title. ~ This Act shall be known as “The Magna Carta for Philippine

Internet Freedom.”

SECTION 2. Declaration of Policies. - (a) The State affirms that all the rights,
guarantees, and privileges provided by the Bill of Rights and the Constitution, as well as those
established under general principles of international law and under treaties and conventions to
which the Philippines is a signatory, shall govern in the use, development, innovation, and

invention of information and communications technology (ICT) and the Internet by the Fi

people.

(b) The State affirms its commitment to the people and to all nations that, in the crafting
of laws and regulations governing the use of the Internet and of ICT, these shall be subject to the
parameters set forth under the Constitution.

(©) The State reaffirms the vital role of communication and information in nation-
building, as stated in the Constitution, Article Il, Section 24;

(@ The growth of the Internet and ICT both depend on and contribute to the growth of

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the economy, advances in science and technology, and the development of human capital, and
encourage democratic discourse and nation-building;

(e) The public and private sector have a role in the development, invention, and
innovation for the Internet and for ICT, through domestic, intemational, and transnational
efforts; thus, the State shall encourage development, invention, and innovation through and for
the Internet and ICT in cooperation with the private sector, other nations, and international
bodies;

(f) The State recognizes that network bandwidth is a finite resource that is limited by

technological advancements and by telecommunications infrastructure and investment; thus, the

State shall encourage the development of information and communications technology and
infrastructure;
(g) The Intemet and ICT further enable participative governance, transparency, and

accountability in government; thus, the State reaffirms its policy of full public disclosure of all

its transactions involving public interest and to develop plans, policies, programs, measures, and
mechanisms using the Intemet and {CT in the implementation of its policy of full public
disclosure;

(h) The State recognizes the basic right of all persons to create, access, utilize and share
information and knowledge through ICT, and shall promote the Internet and ICT as a means for
all to achieve their full potential, promote their sustainable development, and improve their
quality of life;

(i) The growth of the Intemet and ICT affect peace and order and the enforcement of law

in the national territory and across other nations; thus, the State reaffirms its policy of
cooperation and amity with all nations, and its adoption of generally accepted principles of
international law as part of the law of the land, in the pursuit of peace and order and in the
enforcement of law;

(i) The Internet has the potential to become a theater of war, and that ICT can be
developed into weapons of mass destruction; thus, consistent with the national interest and the
Constitution, the State shall pursue a policy of “no first use” of cyberweapons against foreign

nations, and shall implement plans, policies, programs, measures, and mechanisms to provide

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cyberdefense of Philippine Internet and ICT infrastructure resources; and,
(k) Art and culture can be created on devices, on networks, and on the Internet; thus, the
State shall pursue a policy that promotes the Internet and information and communications

technology, and the innove

nn therein and thereof, as instruments of life, liberty, and the pursuit

of happiness.

Part 2. Definition of Terms

SECTION 3. Definition of Terms. ~ Whenever possible, defini

ns shall be adopted from
those established by the International Telecommunications Union (ITU), the Internet
Engineering Task Force (IETF), the World Wide Web Consortium (WWWC), the Intemet
Corporation for Assigned Numbers and Names (ICANN), and other international and
transnational agencies governing the development, use, and standardization of information and
‘communications technology and the Internet. For purposes of this Act, the following terms shall
mean:

(a) Access — The ability and means to communicate with or otherwise interact with a
device, computer, system or network, to use resources to handle information, to gain knowledge
of the information the device, computer, system, or network contains, or to control device or
system components and functions.

(b) Administrator — A person or role with privileged access and control over a network or
‘a multi-user computing environment responsible for the operation and the maintenance of the
network or computing environment.

(i) Network administrator ~ A person or role responsible for the operation and the
maintenance of a network.

Gi) Systems administrator — A person or role responsible for managing a multi-

user computing environment.

(c) Availability — The ability of a device or set of devices to be in a state to perform a

required function under given conditions at a given instant of time or over a given time interval,
assuming that the required external resources are provided.

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(d) Bandwidth ~ The capacity of a transmission medium to carry data.

(e) Bot — A computer program or software installed in a device, computer, computer
system, or network capable of performing automated tasks over the Intemet, without the
knowledge or consent of the user or owner of the device computer, system, or network, with
control ceded to a third party, usually malicious. Bot may also refer to the individual device that
is infected with such programs or software.

(i) Botnet ~ A network of computers infected with bats.

(A) Cache — A temporary storage of recently accessed data or information, which may be
stored in the local storage medium of a device or computer, or in the storage media of a network,
for purposes of speeding up subsequent retrievals of data or information from the Internet or
networks.

(g) Chief Information Officer (CIO) ~ A third-ranking career executive in charge of the
information and communications technology/information technology/management information
systems (ICT/IT/MIS) office in a department, bureau or government-owned or -controlled
corporation/government financial institution, including legislative, judicial and constitutional
offices

(h) Code ~ The symbolic arrangement of data or instructions in a computer program or a
set of such instructions.

(i) Component ~ Any individual part of a device.

) Computer - Any device or apparatus which, by electronic, electro-mechanical or
magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing,
processing, retrieving, or producing information, data, figures, symbols or other modes of written
expression according to mathematical and logical rules or of performing any one or more of
those functions.

(k) Computer program — A set of instructions expressed in words, codes, schemes or in
any other form, which is capable when incorporated in a medium that the computer can read, of
causing the computer to perform or achieve a particular task or result.

(1) Configuration — The way a device, computer, computer system, or network is set up.

{m) Content — Data that can be readily understood by a user immediately upon access,

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which may include but is not limited to text, pictures, video, or any combination thereof. The

word is synonymous to i

formation. Data that is readable and usable only by and between
devices, computers, systems or networks, such as traffic data, is not content.

(n) Control — The use of resources, modification of the configuration, and otherwise
exertion of a directing influence on the operation of a device, computer, system, or network.

(0) Critical infrastructure ~ The systems and assets, whether physical or virtual, so vital to

the Phil

ines that the incapacity or destruction of such systems and assets would have a

debilitating impact on national security, economy, public health or safety, or any combination of
those matters.

(p) Critical network — An information and communications system or network of
systems, whether physical or virtual, so vital to the Philippines that the incapacity or destruction
of such a network would have a debilitating impact on national security, economy, public health
or safety, or any combination of those matters.

(q) Cryptography — The discipline which embodies principles, means, and methods for

the transformation of data in order to hide it

information content, prevent its undetected
modification and/or prevent its unauthorized use.

(r) Cyber environment ~ The environment comprised of users, networks, devices, all
software, processes, information in storage or transit, applications, services, and systems that can

be connected directly or indirectly to networks or the Internet.

(3) Cyberattack — An attack by a hostile foreign nation-state or violent non-state actor on
Philippine critical infrastructure or networks through or using the Internet or information and
‘communications technology. The term may also be used to mean an assault on system security
that derives from an intelligent threat, i.e., an intelligent act that is a deliberate attempt to evade
security services and violate the security policy of a system.

(t) Cybercrime - Any unlawful act punishable by this law or other relevant laws

committed through or using the Internet or information and communications technology.

(v) Cyberdefense — The collection of plans, policies, programs, measures, mechanisms,

‘and weapons designed to defend the Philippines from cyberattack.

(v) Cyberintelligence — The collection, analysis, processing, and dissemination of


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information, which may be done through or using the Internet or information and
communications technology, designed to provide guidance and direction to commanders and
leaders of military and law enforcement units towards the combating of acts of cyberattack and
cyberterrorism

(Ww) Cybersecurity — The collection of tools, policies, security concepts, security

safeguards, guidelines, risk management approaches, actions, training, best practices, assurance,
and technologies that can be used to protect the cyber environment and organization and user's
information and communications technology assets.

(x) Cyberspace — A global domain within the information environment consisting of the
interdependent network of information systems infrastructures including the Internet,
telecommunications networks, computer systems, and embedded processors and controllers, or
the virtual space constituted by a computer network with a set of distributed applications and its
users.

(y) Cyberterrorism — A violation of the Human Security Act of 2007 committed through
or using the Internet or information and communications technology.

(2) Cyberwarfare ~ The damaging, disruptive, saboteurish, or infiltrative actions, or
analogous acts of a belligerent nature, by a nation-state or violent non-state actor against the

Philippines, its government, or its citizens, with the intent to cause damage and disruption to the

people, property, infrastructure, or systems of the Philippines, through or using computers,
information and communications technology, networks, or the Internet.

(aa) Data ~ The reinterpretable representation of information in a formalized manner
suitable for communication, interpretation, o processing, or information represented in a manner
suitable for automatic processing.

(® Data, private— Any and all data that does not fall under the definition of public
data,

(ii) Data, public - Data which is available to the public without access being
restricted by requirements of membership, non-disclosure agreements or similar,

(iii) Data, traffic — Data that is readable and usable only solely by and between

devices, computers, systems or networks, used for purposes of facilitating the transfer of

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information between devices, computers, systems or networks.
(ab) Device — The material element or assembly of such elements intended to perform a
required function.
(ac) Download — The transfer of data or information from the Intemet or a network to a
device or computer upon request of the user for this information.
(ad) Encryption — An encoding scheme that produces meaningless information to all
observers except those with the decryption key made for the purpose.
(ae) End user license agreement — The legal agreement between two parties, one of which
is the user, that stipulates the terms of usage of a device, software, or service.
(af) Equipment — A single apparatus or set of devices or apparatuses, or the set of main
devices of an installation, or all devices necessary to perform a specific task.
(j) Data processing equipment ~ Equipment used to process data electronically.
(ii) Network equipment — Equipment used to allow data communication between
devices, computers, systems, networks, or the Internet.
(iii) Storage equipment — Equipment used to store data in an electronic form, and
allow the retrieval of data by electronic means.
(ad) Executable ~ The ability of a code, script, software, or computer program to be run

from start to finish in a device or computer, and providing a desired result.

(ae) Free and open-source software ~ Liberally licensed software whose license grants
users the right to use, copy, study, change, and improve its design through the availability of its
source code.

(af) Hardened — The state of reduced vulnerability to unauthorized access or control or to
malicious attacks of a device, computer, network, or information and communications
technology infrastructure.

(ag) Hardware - The collection of physical elements that comprise a device, equipment,
computer, system, or network.

(ah) High-speed connection — A service that provides data connection to networks and
the Internet that has data rates faster than what is generally available to the general public.

(ai) High-volume connection ~ A service that provides data connection to the networks

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and the Internet that allows volumes of uploadable and/or downloadable data larger than what is
generally available to the general public.

(aj) Information — Data that can be readily understood by a user immediately upon
access, which may include but is not limited to text, pictures, video, or any combination thereof.
The word is synonymous to content. Data that is readable and usable only by and between
devices, computers, systems or networks, such as traffic data, is not information.

(i) Private information — Refers to any of these three classes of information:
(1) any information whether recorded in a material form or not, from

which the identity of ar idual is apparent or can be reasonably and directly

ascertained by the entity holding the information, or when put together with other
information would directly and certainly identify an individual;

(2) Any and all forms of data which under the Rules of Court and other
pertinent laws constitute privileged communication; and,

(3) any information whose access requires the grant of privileges by a
duly-constituted authority, which may include but is not limited to a systems or

network administrator.

i) Sensitive private information — Refers to personal information:

(1) About an individual's race, ethnic origin, marital status, age, color, and

religious, philosophical or political affiliations;

(2) About an individual's health, education, genetic or sexual life of a
person, or to any proceeding for any offense committed or alleged to have been
committed by such person, the disposal of such proceedings, or the sentence of
any court in such proceedings;

(3) Issued by government agencies peculiar to an individual which
includes, but not limited to, social security numbers, previous or current health
records, licenses or its denials, suspension or revocation, and tax returns; and

(4) Specifically established by an executive order or an act of Congress to
be kept classified.

(iii) Public information — Any information that is not restricted by virtue of the

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preceding definitions and can be readily accessed by any interested member of the public.

(ak) Information and communications technology — The integration of real-time
communication services, non-real-time communication services, and telecommunications,
computers, software, hardware, storage, and devices, which enable users to access, store,
transmit, and manipulate information.

{al) Internet — The global system of interconnected computer networks linked by various
telecommunications technologies and that uses the standard Internet protocol suite.

(am) Medium — A material used for specific purposes.

(® Storage medium — The physical material or device in which data or
information may be stored, which includes but is not limited to magnetic tape, disk
drives, flash devices, electrically erasable programmable read-only memory (EEPROM)

chips, optical media disks, punched cards, and paper.

Transmission medium — The physical material through which a data
communication signal is transmitted, which includes but is not limited to twisted-pair
copper wire, coaxial cable, optical fiber, and ait
(an) Network - A collection of computers, devices, equipment, and other hardware

interconnected by communication channels that allow sharing of resources and information.

(i) Open network — A network, such as the Intemet, which allows any entity or
device to interconnect with freely at any time and become a user or part of the network,
provided the entity or device uses the same or compatible communications protocols, and
which allows any user to cease interconnectivity with freely at any time, provided the
user does so in a manner that does not compromise the security protocols of the open
network or of other users.

(ii) Private network — A network which is operationally private by nature and not
universally accessible by the general public.

(iii) Public network - A network which provides services to the general public.
(20) Offline ~ The state of being disconnected from the Internet or networks.

(ap) Online — The state of being connected to the Internet or a network.


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(aq) Ownership — Ownership is defined by the

1 Code.
(i) Privately-owned — Ownership as provided for by the Civil Code of the
Philippines by a natural person or a juridical person under Article 44 paragraph (3) of the

Civil Code.

(ii) Publicly-owned — Ownership as provided for by the Civil Code of the

Philippines by a juridical person under Article 44 paragraphs (1) and (2) of the Civil
Code.

(ar) Physical plant — The building, structure, an

frastructure necessary to support and

maintain a facility.

(as) Platform — The hardware architecture and/ or software framework, including

application frameworks, whose combination allows a user to run software.

action,

(at) Privacy ~ May refer to any of these definitions, or a combination of these definitions:
(j) the right guaranteed and protected by the Constitution;
(ii) the right of individuals to control or influence what personal information
related to them may be collected, managed, retained, accessed, and used o distributed;
(ii) the protection of personally identifiable information; and,
(iv) a way to ensure that information is not disclosed to anyone other than the

intended parties (also known as "confidentiality”).

lege — A right that, when granted to an entity, permits the entity to perform an

(i) Privileged access — The completely unrestricted access of a user to the

resources of a device, computer, system, or network.

i) Privileged control - The completely unrestricted ability of a user to use the
resources, modify the configuration, and otherwise exert a directing influence on the
operation of a device, computer, system, or network.
(av) Processing — The act of performing functions or activities on data or information.

(i) Processing (Data Privacy Act) - Any operation or any set of operations
performed upon personal information including, but not limited to, the collection,

recording, organization, storage, updating or modification, retrieval, consultation, use,

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consolidation, blocking, erasure or destruction of data. (RA 10173)
(ii) Data processing — Any process to enter data and summarize, analyze or
otherwise convert data into usable information.
(iii) Information processing — The transformation of information in one form to
information in another form through an algorithmic process.

(aw) Protocol ~ A defined set of procedures adopted to ensure communication, or a set of
rules for data transmission in a system interlinking several participants.

(ax) Publication — The act of making works available to the public by wire or wireless
means in such a way that interested members of the public may access these works from a place
and time individually chosen by them.

(ay) Script — A computer program or sequence of instructions that is interpreted or carried
out by another computer program instead of directly by a computer, device, or equipment.

(az) Security ~ The ability to prevent fraud as well as the protection of information
availability, integrity and confidentiality.

(i) Security, behavioral — The use of laws, regulations, policies, procedures,
instructions and the like to influence or restrict behavior for purposes of maintaining
security.

(ii) Security, electronic - The use of computer programs, software, code, scripts,

devices, or equipment for purposes of maintaining security.

Security, physical — The use of locks, gates, security guards, and other
analogous means, for purposes of maintaining security.
(ba) Service - A set of functions offered to a user by another person or by an

organization.

(bb) Service quality ~ The collective effect of service performance which determines the
degree of satisfaction of a user of the service.

(bc) Software - The set of programs, procedures, algorithms and its documentation
concerned with the operation of a data processing system, computer, device, or equipment.

(bd) Software application — Software designed to help a user perform a specific task or

set of tasks.

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(be) State - The Republic of the Philippines, any of its political subdivisions, departments
and agencies, including but not limited to government owned or controlled corporations or
goverment corporate entities.

(bf) Telecommunications — A service or system of interconnected entities providing the
ability to exchange and interchange data between points or from a point to multiple points.

(bg) Universal access - The provision of adequate and reliable facilities at reasonable
charges in all areas within Philippine jurisdiction, as far as is technologically sound and
practicable and subject only to technological and reasonable economic limitations, without any
discrimination on the basis of gender, sexual orientation, religious belief or affiliation, political
belief or affiliation, ethnic or regional affiliation, citizenship, or nationality

(bh) Upload ~ The transfer of data or information to the Intemet or a network from a
device or computer, initiated by the user.

(bi) Uptime — The time a device, equipment, computer, or network can be left unattended
without suffering failure, or needing to be undergo administrative or maintenance purposes.

(bj) User = Any person, whether natural or juridical, or any entity that makes use of a part
or whole of the resources of a device, equipment, computer, system, network, software, software
application, code, or script.

(bk) Virus — Any computer program, code, or script that implements unauthorized and/or
undesirable changes to a device, computer, equipment, system, or network. For purposes of this

Act, the term may be used synonymously with malware, spyware, worms, trojans, and the like.

Part 3. Internet Rights and Freedoms

SECTION 4. Right to Freedom of Speech and Expression on the Internet. — (a) The State

shall,

in its jurisdiction:
(i) Protect and promote the freedom of speech and expression on the Internet; and
(ii) Protect the right of the people to petition the government via the Internet for
redress of grievances.

(b) A person’s right to publish content on the Intemet, or to remove one’s own published

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content or uploaded data, is recognized as integral to the constitutional right to free expression
and shall not be subject to any licensing requirement from the State.

(©) Any State action that constitutes prior restraint or subsequent punishment in relation
to one’s Internet’s rights shall be authorized only upon a judicial order issued in conformity with
the procedure provided under Section 5 of this Act. Provided that, notwithstanding Section 5,
any such judicial order issued upon motion of the Republic of the Philippines, or any of its
political subdivisions or agencies including government-owned or controlled corporations, shall
be issued only upon the following grounds:

(i) the nature of the material or information subject of the order creates a clear and
present danger of a substantive evil that the State has a right or duty to prevent;

(ii) the material or information subject of the order is not protected expression
under the standards of the community or the audience toward which the material or

information is directed; and

the publication of the material or the uploading of the information subject of
the order will constitute a criminal act punishable by laws enumerated in Section 5 of this,
Act
(d) No person shall be compelled to remove published content or uploaded data from the
Internet that is beyond the said person's capacity to remove. The party seeking to compel the
removal of the content or data has the burden to prove that the person being compelled has the
capacity to remove from the Intemet the specific content or data. For purposes of this section,
content or data retained in web archives or mirror sites are presumed to be content and data that

is beyond the capacity of the person being compelled to remove.

SECTION 5. Universal Access. - (a) The State shall, within its jurisdiction, protect and
promote universal access to the Internet.

(b) A person's right to unrestricted access to the Internet may, upon discretion of the

appropriate Cybercrime Court whose jurisdiction is defined in this Act, be suspended as an
accessory penalty upon final conviction for any of the following criminal offenses:
(i) The felonies of robbery, theft, estafa, falsification, malversation, and

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‘usurpation of authority or official functions, as defined in appropriate penal laws,
committed by, through, or using the Internet or information and communications

technology;

)) Any criminal offense defined and punishable in the following special penal
laws: the Anti-Trafficking in Persons Act of 2003 (RA 9208), the Anti-Graft and Corrupt
Practices Act, the Code of Conduct and Ethical Standards for Public Officials and
Employees (RA 6713), the Anti-Money Laundering Act of 2001 (RA 9160), the Violence
Against Women and Children Act (RA 9262), the Special Protection of Children Against
Abuse, Exploitation, and Discrimination Act (RA 7610), the Child and Youth Welfare
Code (PD 603), the Anti-Child Pornography Act of 2009 (RA 9775), the Human Security
‘Act of 2007 (RA 9732), or the Data Privacy Act of 2012 (RA 10173), committed through
or using the Internet or information and communications technology; or
(ii) Any criminal offense defined and punishable by this Act.
The right of person accused of any of the above offenses to unrestricted access to the

Internet may be suspended or limited by the court of competent jurisdiction pending final

judgment upon a showing, following notice and hearing, that there is a strong likelihood that the
accused will be able to facilitate the commission of the offense so charged unless such order
were issued.

(6) It is presumed that all persons have the right to unrestricted access to the Internet,
subject to the parameters established under this Act. Any voluntary restriction or waiver of such
right must be established by preponderance of evidence.

‘Any final judicial relief that seeks to limit or suspend, in whole or in part, one’s right to
unrestricted access to the Intemet, shall be determined in accordance with the appropriate law,
including but not limited to the Civil Code and this Act. Any civil action that seeks as a relief, in
part or in whole, the limitation or suspension of a person’s right to unrestricted access to the
Internet, shall be filed exclusively with the Cybercrime Courts.

;ht to unrestricted access to

No court shall issue any provisional order suspending the

the Intemet of any person without prior notice and hearing, and only upon the grounds for the
issuance ofa preliminary injunction under the Rules of Court.

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(d) The authority of the State to suspend one’s right to unrestricted Internet access is
confined solely to the courts of competent jurisdiction and may not be exercised by any
government agency, notwithstanding any contrary provisions of law. The right of the State to
inftinge a person's right to unrestricted Internet access shall be govemed by Section 5 of this
Act.

(€) No person or entities offering Internet access for free, for a fee, or as an extra offering

separate from the services already being offered, including but not limited to any hotel,

restaurant, commercial establishment, school, religious group, organizz

n, oF association, shall

restrict access to the Internet or any other public communications network from within its private
network, or limit the content that may be accessed by its employees, students, members, or
guests, without a reasonable ground related to the protection of the person or entity from actual
or legal threats, the privacy of others who may be accessing the network, or the privacy or

security of the network as provided for in the Data Privacy Act of 2012 (RA 10173) and this Act.

SECTION 6. Right to Privileged Access to and Control of Devices. ~ (a) The State shall,
within its jurisdiction, protect the right of a person to gain or attain privileged access or control
over any device over which the person has property rights.

(b) Any person involved in the wholesale or retail of devices may install, implant, or
otherwise put in a device a component, a configuration, or code that shall restrict the operation of
a device; Provided, the installation or implantation is for the sole purpose of ensuring the privacy
or security of the interconnection or interoperability of the device with public or private networks
or Internet or information and communications technology infrastructure; Provided further, that
notice is provided to potential buyers of the device of the presence of the component,
configuration, and code; Provided further, that the buyer may request the removal or
modification of the component, configuration, or code prior to purchase from the seller and shall
assume all risks attendant to such removal or modification. Removal or modification of the
component, configuration, or code by any person except the seller, manufacturer, or duly

authorized representative may be cause for a waiver of the warranty of the device.

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(©) Unless otherwise provided by law, any person who has property rights over any
device may, by physical, electronic, or any other means, gain or attain privileged access or
control to such device; Provided, the gain or attainment of privileged access or control was not
intended to circumvent the protection of or cause the actual infringement on intellectual property

rights of another person.

SECTION 7. Protection of the Freedom to Innovate and Create Without Permission. —
(a) The State shall, within its jurisdiction, protect and promote the freedom to innovate and
create without need for permission. No person shall restrict or deny another person the right to
develop new information and communications technologies, without due process of law or
authority vested by law.

(b) Subject to such conditions as provided for in the Intellectual Property Code and other
relevant laws, no person shall be denied access to new information and communications
technologies, nor shall any new information and communications technologies be blocked,
censored, suppressed, or otherwise restricted, without due process of law or authority vested by
law.

(c) No person who shall have created, invented, innovated, or otherwise developed a new

information and communications technology shall be penalized for the actions of the users of the

new information and communications technology.

SECTION 8, Right to Privacy of Data. ~ (a) The State shall, within its jurisdiction,
promote the protection of the privacy of data for all persons.

(b) Any person shall have the right to employ means such as encryption or cryptography
to protect the privacy of the data or networks which such person owns or otherwise possesses
real rights over.

(©) Subject to such conditions as provided for in the Data Privacy Act of 2012 (RA
10173) and other relevant laws, no person shall access the private data of another person.

(d) The State shall, within its jurisdiction, guarantee a person's right of privacy over his or
her data or network rights, and such person's rights employ reasonable means to protect such

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right of privacy.

(©) The State is required to ensure the appropriate level of privacy of the data and of the
networks maintained by it. Failure to do so shall be penalized by this Act and other relevant
laws.

(f) Except upon a final ruling from the courts, issued in accordance

this act, no

person may compel an agency or instrumentality of the State mai

data or networks to

reduce the level of privacy of the data or of the networks.

SECTION 9. Right to Security of Data. ~ (a) The State shall, within its jurisdiction,
promote the protection of the security of data for all persons.

(b) Any person shall have the right to employ means, whether physical, electronic, or
behavioral, to protect the security of his or her data or networks over which the person has
ownership.

(©) No third party shall be granted access to the private data or networks of a person by an
Intemet service provider, telecommunications entity, or such person providing Internet or data
services, except upon a final court order issued in accordance with Section 5 of this Act. It shall
be a condition precedent to the filing of such action for access to private data that the person

‘owning such data be first properly notified of such a request by the Internet service provider,

telecommunications entity, or such person providing Internet or data services, and that such
person has refused to grant the requested access. A person shall not be deemed to have been
properly notified unless the person has acknowledged the notification of the request for access
‘and has agreed to grant or refuse access.

(4) No third party granted the right to access the private data or networks of a person by
an Internet service provider, telecommunications entity, or other such person providing Internet
or data services, shall be given any property rights over the data being accessed, the media where
the private data is stored, the equipment through which the network is run or maintained, or the
physical plant where the network equipment is housed, beyond the right to access the private
data or network, unless otherwise granted such rights by the courts following the appropriate

action and final order.

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(©) No person shall be deprived of his or her device, network equipment, or physical
plant that may be the subject of an appropriate complaint filed in connection with this Act,
except:

(j) Upon a lawful warrant issued in connection with the appropriate criminal case

by the courts in accordance with the Rules of Court; Provided, that there must first be a

determination from the courts that the data, information, or contents cannot be separated

from the device, network equipment, or physical plant; and,
(ii) Upon a final decision by the courts issued in accordance with Section 5 of this

Act.

(B) The State shall be required to ensure the appropriate level of security of the data and
of the networks, whether private or public, that it maintains. Failure to do so shall be penalized
by this Act and other relevant laws.

(h) It shall be unlawful for any person to compel an agency or instrumentality of the State

maintaining data or networks to reduce the level of security of the data or of the networks being

SECTION 10. Protection of Intellectual Property. — (a) The State shall, within its
jurisdiction, protect the intellectual property published on the Internet of all persons, in
accordance with the Intellectual Property Code of the Philippines (RA 8293), as amended, and
other relevant laws.

(b) It shall be presumed that any content published on the Internet is copyrighted, unless
otherwise explicitly provided for by the author, subject to such conditions as provided for in the
Intellectual Property Code of the Philippines (RA 8293), as amended, and other relevant laws.

(c) Subject to the Intellectual Property Code of the Philippines (RA 8293), as amended,
and other relevant laws, no Internet service provider, telecommunications entity, or such person
providing Intemet or data services shall have intellectual property rights over derivative content
that is the result of creation, invention, innovation, or modification by a person using the service
provided by the Internet service provider, telecommunications entity, or such person providing
Internet or data services, unless such content is a derivative work of content already owned by or

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assigned to the Intemet service provider, telecommunications entity, or such person providing
Intemet or data services acting as a content provider. The exception to the intellectual property
rights of the person must be explicitly provided for via an end user license agreement to which
both parties have agreed, and the existence of the derivative content must be dependent on the
service provided by the Internet service provider, telecommunications entity, or such person

providing Internet or data services.

(d) Notwithstanding existing provisions of law,

shall be presumed that the parents or
guardians of a minor shall have provided agreement and shall be bound to the terms of an end
user license agreement should the minor in their care signify agreement to the end user license
agreement.

(e) Notwithstanding existing provisions of law, it shall be presumed that any
infringement of intellectual property rights by a minor was done with the knowledge and consent

of his parents or guardians.

SECTION 11. Protection of the Internet as an Open Network. — (a) The State shall,

in its jurisdiction, protect and promote the Internet as an open network.

(b) No person or entity shall restrict or deny the interconnection or interoperability of a
device, an equipment, or a network that is capable of such interconnection or interoperability to
the Internet, to other public networks, or to other Internet service providers, telecommunications
entities, or other such persons providing Internet or data services, without due process of law or

authority vested by law. Provided, Customer premises equipment as redefined by this Act, shall

not be covered by the requirements under this Section. Provided, further, The interoperability of

a device, an equipment, or a network within a private network may be restricted by the duly

authorized system and/or network administrators of the private network, subject to the provisions

of the Data Privacy Act of 2012 (RA 10173) and other relevant laws.

SECTION 12. Promotion of Network Neutrality. — No person or entity shall restrict the
flow of data or information on the Internet on the basis of content, nor shall any person institute
and employ means or methods to favor the flow of information on the Internet of one class of

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data or information over another on the basis of content, except:

(a) if the data or information whose flow is being favored is used to solely to manage the
security or service quality of a network, or of an Internet or data service, and;

(b) the data or information whose flow is being favored cannot be used for any other

purpose other than the management of security or service quality of the network.

SECTION 13. Transparency in Governance and Freedom of Information. ~ (a) The State

recognizes that the Intemet and ICT can facilitate the dissemination of information and the
promotion of transparency in governance. Therefore, subject to the provisions of the Data
Privacy Act of 2012 (RA10173) and applicable laws on government information classification,
the State shall, within practicable and economically reasonable limits, provide for and maintain a
system that shall allow the public to view and download public information on plans, policies,
programs, documents, and records of government.

(b) The State shail publish and make available for download, in readily processed

formats, such as plain text documents, comma-separated values spreadsheets, or open standard

multimedia data, and its authenticity readily verifiable through a checksum standard as
determined by the Internet Engineering Task Force or a similar globally recognized standards
organization, the following government public information, in the interest of transparency and
g00d governance:
(i) Audited financial statements, and budget and expenditure records;
i) Statements of assets, liabilities, and net worth, as prescribed by the Code of
Conduct and Ethical Standards of Public Officials and Employees (RA 6713);
(ii) Performance review results, as prescribed by the Anti-Red Tape Act of 2007
(RA 9485) and other relevant laws;
(iv) Laws, rules, regulations, memorandum circulars and orders, letters of
instruction, office orders, and other executive issuances required to be published in the

Official Gazette or submitted to the Office of the National Administrative Registrar, or

which are essential to the performance of duti

of public officials and employees; and,

(v) Other such information of the State that does not fall within any valid claim of

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executive privilege.

(©) The State shall ensure that any format used for the files available for download are in
common use, platform independent, machine readable, or is based on an underlying open
standard, developed by an open community, affirmed and maintained by a standards body and
such open standard must be fully documented and publicly available, Such files must be:

(i) In easily processed formats, such as plain text documents, comma-separated

values spreadsheets, and open multimedia formats;

(ii) Without rest

ms that would impede the re-use of that information;
Provided, that the State shall not be precluded from charging reasonable fees to cover the

cost of organizing, maintaining, and publishing such information; Provided further, that

the State shall not be precluded from publishing the information in supplemental file
formats as the public may so request; and,

(i) Have their authenticity verifiable through a checksum standard determined by
the Internet Engineering Task Force or similar globally reputable organization,

‘The Bureau of Product Standards of the Department of Trade and Industry shall be

responsible for setting the standards for the file formats to be used by the State in the publication

of government public information, in accordance with the provisions of this Act.

(d) The State shall maintain websites or applications with mechanisms to allow for the
public to provide feedback, lodge complaints, or report instances of malfeasance or misfeasance.
‘Such mechanisms shall not disallow anonymous feedback, complaints, or reports, and the State

shall take appropriate steps to protect persons making feedback, complaints, or reports from

retaliation or persecution.

Part 4, The Department of Information and Communications Technology

SECTION 14. Department of Information and Communications Technology. ~ (a) There

is hereby created the Department of Information and Communications Technology, or DICT.

(b) The DICT shall be the primary policy, planning, coordinating, implementing,

regulating and administrative entity of the executive branch of the government that will plan,

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promote and help develop the country’s ICT sector and ensure reliable and cost-efficient
communications facilities, other multimedia infrastructure and services. The DICT shall likewise
be responsible for overseeing the government's integrated and strategic ICT systems and
improving the acquisition, utilization and optimization of government's ICT in order to improve
the productivity, efficiency, effectiveness and responsiveness of national and local government
programs. The DICT shall furthermore be responsible for ensuring the application of ICT to the

various processes and functions of the government.

SECTION 15. Strategic Objectives of the DICT. — In fulfilling its mandate, the DICT
shall be guided by the following strategic objectives:

(a) Ensure the provision of a strategic, reliable, cost-efficient and citizen-centric ICT
infrastructure, systems and resources as instruments of nation-building and global
competitiveness;

(b) Foster a policy environment that will promote a broader market-led ICT and ICT-
enabled services sector, a level playing field, partnership between the public and the private
sectors, strategic alliance with foreign investors and balanced investments between high-growth
and economically depressed areas;

(©) Foster and accelerate the convergence of ICT facilities;

(@) Ensure universal access and high-speed connectivity at fair and reasonable costs;

(e) Ensure the availability and accessibility of ICT services in areas not adequately served
by the private sector;

(© Promote and encourage the widespread use, creative development and access to ICT
with priority consideration on the requirements for growth of the Philippine ICT industry;

(g) Promote and assist the development of local and national content application and

services in the area of ICT by sourcing or provi

ing funds and construction assistance for ICT-

hubs and/or technical support to local-based providers in these endeavors and in the marketing of
the local products to the global community;

(h) Establish a strong and effective regulatory and monitoring system that will ensure
investor and consumer protection and welfare, and foster a healthy competitive environment;

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(i) Promote the development of ICT expertise in the country’s human capital to enable
Filipinos to compete in a fast-evolving information and communication age;
(i) Ensure the growth of ICT and ICT-enabled industries;

(k) Protect the rights of individuals to privacy and confidentiality of their personal

informatioi

(1) Encourage the use of ICT in support of efforts or endeavors for the development and
promotion of the country’s agriculture, arts and culture, history, education, public health and
safety, and other socio-civie purposes;

(m) Ensure the security of ICT infrastructure and assets of individuals and businesses;
and

(n) Empower, through the use of ICT, the disadvantaged segments of the population,

including persons with disabilities (PWDs) or who are differently-abled.

SECTION 16. Powers and Functions of the DICT. - To carry out its mandate, the DICT
shall exercise the following powers and functions:

(a) Formulate, recommend and/or

;plement national policies and guidelines in the ICT

sector that will promote wider use and development of ICT, and its applications, such as e-
commerce, in coordination with the Department of Trade and Industry (DTD), among others;

(b) Initiate, harmonize and/or coordinate ail ICT plans and

s of government

agencies to ensure overall co

istency and harmony with e-govemance objectives, in particular,
and national objectives, in general;
(c) Represent and negotiate for Philippine interests on matters pertaining to ICT in

international bodies;

(@) Develop and maintain national ICT development plans and establish and administer
comprehensive and integrated programs for ICT with due consideration to advances in
convergence and other emerging technologies; and for this purpose, invite any agency,
corporation or organization, whether public or private, whose development programs in ICT are
integral parts thereof, to participate and assist in the preparation and implementation of various

ICT programs for the benefit of the Filipino people;

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(©) Leverage resources and activities in the various National Goverment Agencies
(NGAs) for database building activity, information and resource sharing and agency networking
linkages;

(f) Design, implement and ensure the protection of an integrated government information
and communications infrastructure development program that will coordinate all relevant
government entities, taking into consideration the inventory of existing and projected manpower,
plans, programs, proposals, software and hardware, and the installed systems and programs;

(g) Provide an integrated framework in order to optimize all government ICT resources
and networks and the identification and prioritization of all e-govemance systems and
applications as provided for in the Government Information Systems Plan and/or the Medium-
Term Development Plan (MTDP);

(h) Coordinate and support the generation and/or acquis

‘ion of all necessary resources
and facilities as may be appropriate in and for the development, marketing, growth and
competitiveness of the Philippine ICT and ICT-enabled services sector;

(@ Develop, implement and improve, in coordination with concerned government
agencies and industry associations, the government's ICT application capabilities and determine
the personnel qualification and other standards essential to the integrated and effective
development and operation of government information and communications infrastructure;

(Encourage and establish guidelines for private sector funding of ICT projects for
government agencies in order to fast-track said projects which provide reasonable cost-recovery
mechanisms for the private sector including, but not limited to, build-operate-transfer (BOT) and
Public-Private Partnership (PPP) mechanisms;

(k) Assess, review and provide direction to ICT research and development programs of
the government in coordination with the Department of Science and Technology (DOST) and
other institutions concerned;

(1) Establish and prescribe rules and regulations for the establishment, operation and
maintenance of ICT facilities in areas not adequately served by the private sector, in consultation
with the private business sector, local government units (LGUs) and the academe;

(m) Administer and enforce all laws, standards, rules and regulations governing ICT;

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(n) Ensure the protection of ICT-related intellectual property rights in coordination with
the Intellectual Property Office (IPO), the Optical Media Board (OMB) and other concerned
agencies;

(0) Protect the rights of consumer and business users to privacy, security and
confidentiality in coordination with concerned agencies;

(p) Harmonize, synchronize and coordinate with appropriate agencies all ICT and e-
commerce policies, plans and programs;

(q) Coordinate with the DTI in the promotion of trade and investment opportunities in
ICT and ICT-enabled services;

(8) Promote strategic partnership and alliances among and between local and international
ICT firms and institutions, research and development, educational and training institutions, and
technology providers, developers, and manufacturers to speed up industry growth and enhance
global competitiveness, in coordination with concerned agencies;

(8) Plan and/or implement such activities as may be appropriate and/or necessary to

enhance the competitiveness of Phi

ine workers, firms and small-to-medium enterprises in the
global ICT market and ICT-enabled services market in coordination with concemed agencies;
(®) Undertake initiatives to promote ICT and ICT-enabled services in education and

trai

ing and the development, promotion and application of ICT in education in a manner that is,
consistent with national goals and objectives, and responsive to the human resources needs of the
ICT and ICT-enabled services sector in particular in coordination with concerned agencies;

(u) Maximize the use of existing government assets and infrastructure by encouraging
private sector investments and partnerships in its operation to achieve total digital inclusion and
access to the global information highway; and

(v) Formulate guidelines and policies defining the manner of cooperation among Internet
service providers, telecommunications companies, and law enforcement agencies during official

investigations on violations of existing laws relating to ICT.

SECTION 17. Composition of the DICT. ~ (a) The DICT shall be headed by a Secretary
to be appointed by the President, subject to confirmation by the Commission on Appointments.

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The President shall also appoint not more than four (4) Undersecretaries and four (4) Assistant
Secretaries.

(b) Any person appointed as a Secretary, Undersecretary, or Assistant Secretary of the

Department must be a citizen and resident of the Philippines, of good moral character, of proven
integrity and with at least seven (7) years of proven competence and expertise in either of the
following: information and communications technology, information technology service
management, information security management, cybersecurity, data privacy, e-commerce, or
human capital development.

(©) At least one (1) of the Undersecretaries and one (1) of the Assistant Secretaries shall

be a Professional Electronics Engineer as provided for by RA 9292, as amended. At least one (1)

of the Undersecretaries and one (1) of the Assistant Secretaries shall be a member of the

pine Bar. The Assistant Secretaries referred to herein shall be carcer officers with

appropriate cligibilities as prescribed by the Civil Service Commission.

SECTION 18. Secretary of ICT. - The authority and responsibility for the exercise of the
mandate of the DICT and for the discharge of its powers and functions shall be vested in the
Secretary of ICT, hereinafter referred to as the SICT, who shall have supervision and control
‘over the DICT. For such purposes, the SICT shall:

(a) Provide executive

ction and supervision over the entire operations of the DICT
and its attached agencies;

(b) Establish policies and standards for the effective, efficient and economical operat

of the DICT, in accordance with the programs of the government;

(c) Rationalize delivery systems necessary for the effective attainment of the objectives
of the DICT, including the creation of such offices as may be necessary to ensure the fulfillment
of the DICT’s mandate, subject to the approval of the Department of Budget and Management
(DBM);

(@) Review and approve requests for financial and manpower resources of all operating
offices of the DICT;

(e) Designate and/or appoint all officers and employees of the DICT, except the

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Undersecretaries, Assistant Secretaries, Regional and Assistant Regional Directors, and
Commissioners and Deputy Commissioners, in accordance with civil service laws, rules and
regulations;

() Establish coordinative mechanisms to ensure the successful implementation of
national ICT policies, initiatives and guidelines in coordination with concerned goverment
units, LGUs, public and private interest groups, including nongovernment organizations (NGOs)
and people’s organizations (POs);

(g) Advise the President on the promulgation of executive and administrative orders and
regulatory and legislative proposals on matters pertaining to ICT development and promotion;

(h) Serve as member of the Government Procurement Policy Board as established by
Republic Act No. 9184, otherwise known as the “Government Procurement Reform Act”;

(i) Formulate such rules and regulations and exercise such other powers as may be

necessary to implement the objectives and purposes of this Act; and

j) Perform such other tasks as may be provided by law or assigned by the President from

time to time.

SECTION 19. Regional Offices. - Subject to the concurrence of the Department of
Budget and Management and the approval of the President, the DICT may be authorized to
establish, operate and maintain a regional office in each of the administrative regions of the
country, as the need arises. The regional office shal! be headed by a Regional Director, who may
be assisted by one (1) Assistant Regional Director. The regional offices shall have, within their

respective administrative regions, the following function:

(a) Implement laws, policies, plans, programs, projects, rules and regulations of the
Department;

(b) Provide efficient and effective service to the people;

(©) Coordinate with regional offices of other departments, offices and agencies;

(d) Coordinate with LGUs; and

(e) Perform such other functions as may be provided by law or assigned by the SICT.

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SECTION 20. Periodic Performance Review. - The SICT is hereby required to formulate
and enforce a system of measuring and evaluating periodically and objectively the performance
of the DICT and to submit the same annually to the President and to appropriate congressional

committees.

SECTION 21. Council of Chief Information Officers. - Every department and agency of
the national government or its equivalent office in any constitutional body, state college or
university and government-owned and -controlled corporation is hereby directed to appoint or
designate at least a third (3rd) ranking official as a Chief Information Officer.

‘The Council of Chief Information Officers shall be composed of eleven (11) members
with fixed terms of office, to be appointed by the SICT from sectoral representatives of
government departments, constitutional bodies, the academe, LGUs, professional ICT-oriented
organizations, and private sector ICT-oriented NGOs. The SICT shall be the Chairperson of the
Council.

‘The Council shall serve as a coordinating body to assist the SICT in the establishment of

policies, standards, rules and guidelines for ICT initiatives. The Secretary shall convene the

Council en bane or by sector at least once every semester acalendar year.

SECTION 22. National Telecommunication Commission. - The National

Telecommunications Commission or its successor agency shall be attached to the DICT. It shall
be responsible for the development, implementation, and enforcement of regulations, standards,
instructions, and orders governing ICT infrastructure. The NTC shall be responsible for dispute

resolution, and administrative and quasi-judicial proceedings, in the event of civil violations of

this Act.

SECTION 23. National Data Privacy Commission. — The National Data Privacy
Commission, as provided for by the Data Privacy Act of 2012 (RA 10173), as amended, shall be
attached to the DICT. It shall be responsible for the development, implementation, and
enforcement of regulations, standards, instructions, and orders governing data privacy and

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security. The NDPC shall be responsible for dispute resolution, and administrative and quasi-

judicial proceedings, in the event of civil violations of this Act.

SECTION 24, ICT Legal Affairs Office. - The DICT shall establish an ICT Legal Affairs
Office, independent of the NTC and the NDPC, and independent of its other offices. The ICT
Legal Affairs office shall be responsible for providing technical assistance to state prosecutors in
the event of violations of this Act, and shali be responsible for the filing of cases against persons

performing violations of this Act.

SECTION 25. Telecommunications Office. ~ The Telecommunications Office or its
successor agency shall be attached to the DICT. It shall be responsible for development of
national ICT infrastructure primarily in and up to unserved and underserved areas, and the
promotion of the use of ICT infrastructure in unserved and underserved areas. The President
may, at his discretion, dissolve the Telecommunications Office for reasons of underperformance

‘or nonperformance.

SECTION 26. National Information and Communications Technology Institute. — The
National Computer Center and the National Telecommunications Training Institute shall be
combined into the National Information and Communications Technology Institute (NICTI). The
NICTI shall be attached to the DICT, and shall be primarily responsible for the development,

discretion, and control of information and communications technology as a national resource,

such as the acquisition and utilization of computers and related devices, data communications,
information systems, software development, and manpower development. It shall be tasked to
coordinate all activities related to information technology development in the country, and shall
be primarily responsible for the training of government personnel in information and
communications technology. The NICTI shall also be tasked to ensure the implementation of an
integrated national information and communications technology program.

The President may, at his discretion, dissolve the National Information and

Communications Technology Institute for reasons of underperformance or nonperformance.

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SECTION 27. Freedom of Information and the Official Gazette. — The DICT and the
Official Gazette may establish a clearinghouse for government public information, with the

responsibility of publishing online and periodically updating government public information, to

promote transparency and citizen engagement through the use of information and

communications technology.

SECTION 28. Compliance with Republic Act No. 6656. - The laws and rules on
government reorganization as provided for in Republic Act No. 6656, otherwise known as the

Reorganization Law, shall govern the reorganization processes of the DICT.

SECTION 29. Sectoral and Industry Task Forces. - The DICT may create sectoral and

industry task forces, technical working groups, advisory bodies or committees for the furtherance

of its objectives. Additional private sector representatives, such as from the academe, the

federation of private industries directly involved in ICT, professional ICT-oriented organizations,
as well as other NGAs, LGUs and government-owned and -controlled corporations (GOCCs),
may be appointed to these working groups. Government IT professionals may also be tapped to

partake in the work of the Department through these working groups.

SECTION 30. Structure and Staffing Pattern. - The DICT shall determine its

organizational structure and create new divisions or units as it may deem necessary, subject to
the approval of the DBM, and shall appoint officers and employees of the Department in

accordance with the Civil Service Law, rules and regulations.

SECTION 31. Magna Carta for Scientists, Engineers, Researchers and other S & T
Personnel in the Government. ~ Employees of the DICT shall be covered by the Magna Carta for
Scientists, Engineers, Researchers and other Science & Technology Personnel in the

Government (RA 8439).

SECTION 32. Separation from Service. ~ (a) Employees separated from the service as a

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result of the reorganization shall, within ninety (90) days therefrom, receive the retirement
benefits to which they may be entitled under existing laws, rules and regulations.

(b) Incumbents whose positions are not included in the new position structure and
staffing pattern of the DICT or who are not reappointed shall be deemed separated from the
service, whether permanent, temporary, contractual or casual employees, and shall, within ninety
(90) days therefrom, receive the retirement benefits to which they may be entitled to under

existing laws, rules and regulations.

Part 5. Regulations for the Promotion of Internet Rights and Freedoms

SECTION 33. Declaration of Compliance with Treaty Obligations and International
Conventions. — (a) The standards for networks and the Internet, as set by the International
Telecommunications Union (ITU), the Internet Engineering Task Force (IETF), the World Wide
Web Consortium (WWWC), and the Internet Corporation for Assigned Numbers and Names
(ICANN), and thei

successors-in-interest are hereby adopted. No agency or instrumentality of

the State shall issue rules and regulations contrary to these.

(b) The State recognizes that the rights and obligations in the use of networks and the
Internet that shall be guaranteed and imposed by this Act are subject to its treaty obligations and
obligations under instruments of international law.

(c) The State reaffirms its compliance to the treaties and international conventions to
which it is a signatory, to wit, the International Covenant on Civil and Political Rights (ICCPR),
the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Convention
on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Racial
Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), the Convention on the Rights of Persons with Disabilities (CRPD),
the United Nations Convention against Transnational Organized Crime, the United Nations

Convention against Corruption, the Geneva Convention, the United Nations Convention on

Certain Conventional Weapons, the Rome Statute of the Intemational Criminal Court, the

Convention on Cybercrime (Budapest Convention), and the General Agreement on Tariffs and

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Trade (GATT), among others. No agency or instrumentality of the State shall issue rules and
regulations governing the use of networks and the Internet contrary to these.
(d) The State shall keep abreast with and be guided by developments of the Internet and

of information and communications technology under international law and shall continually

design and implement poli

ies, laws, and other measures to promote the objectives of this Act.

SECTION 34, The State as the Primary Duty-Bearer. ~ The State, as the primary duty-
bearer, shall uphold constitutional rights, privileges, guarantees, and obligations in the
development and implementation of policies related to the Intemet and information and
communication technology. The State shall fulfill this duty through law, policy, regulatory
instruments, administrative guidelines, and other appropriate measures, including temporary

special measures.

SECTION 35. Duties of the State Agencies and Instrumentalities. — (a) Internet and
Information and Communications Technology Policy. ~ Subject to provisions of this Act, the
Department of Information and Communications Technology shall be the lead agency for
oversight over the development and implementation of plans, policies, programs, measures, and
mechanisms in the use of the Internet and information and communications technology in the
Philippines.

(b) Cybercrime Law Enforcement. ~ Subject to provisions of this Act, the Department of
Justice, The Department of Interior and Local Government, the Department of Social Welfare
and Development, the Department of Information and Communications Technology, the
National Bureau of Investigation, and the Philippine National Police shall be jointly responsible
over the development and implementation of plans, policies, programs, measures, and

mechai

ms for cybercrime law enforcement in the Philippines.
(c) Cyberdefense and National Cybersecurity. - Subject to provisions of this Act, the

Department of National Defense shall be the lead agency for oversight over the development and

implementation of plans, policies, programs, measures, mechanisms, and weapons for national
cyberdefense and cybersecurity.

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(d) Information and Communications Technology Infrastructure Development. —
(i) Subject to provisions of this Act, the Department of Information and

Communications Technology shall have responsibility to develop and implement plans,

policies, programs, measures, and mechanisms for the development of information and
communications technology infrastructure in the Philippines and the promotion of
investment opportunities to this end.

(ii) ICT infrastructure and facilities, including the civil works components thereof,
fall within private sector infrastructure or development projects as defined under
Republic Act No. 6957, as amended by Republic Act No. 7718, and may, upon the
discretion of the National Government or local government units, be the subject of the
contractual arrangements authorized under the said law. Provided, that the DICT shall be

the implementing ageney of such projects to be implemented by the national government;

Provided, further, that the DICT shall have the right to require its prior concurrence to

such projects implemented by local government units, through duly promulgated
regulations that specify, among others, the requisite threshold contract prices that would

require prior concurrence of the DICT.

he procurement by the national government or by local governments of
ICT-related goods and services which will not be implemented under Republic Act No.
6957, as amended by Republic Act No. 7718, shall be governed by Republic Act No.
9184,

(iv) The development and operation of information and communications
technology infrastructure and facilities is hereby declared as a preferred area of
investment and shall be included in the annual Investment Priority Plan issued in
accordance with the Omnibus Investments Code. Subject to the contrary factual
determination of the Board of Investments, an entity involved in the development and
‘operation of information and communications technology infrastructure and facilities is
presumed to be entitled to register as a registered enterprise under the Investment
Priorities Plan; Provided, that an enterprise that proposes to operate a public utility or

public service shall be subject to the equity requirements imposed by the Constitution and

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by applicable laws; Provided, further, that any such entity which intends to operate in a
special economic zone or in a tourism economic zone as defined by applicable law shall
be entitled to receive the additional investment incentives granted to such zone-registered
enterprises in accordance with the applicable law; Provided, finally, that nothing in this
Section shall be construed to limit the available incentives to which an entity may be
entitled to under Republic Act No. 6957, as amended.

(v) The implementing rules of the registration of the entity involved in the
development or operation information and communications technology as well as the
incentives provided herein shall be developed by the Board of Investments together with
the DICT and the Department of Finance.

(vi) Subject to joint oversight by the DICT, the DOF, the Department of Budget
‘and Management, and the Commission on Audit, the NEDA may establish a venture
capital corporation to encourage research and development of information and
communications technology in the Philippines.

(e) Human Resources, Skills and Technology Development for Information and
‘Communications Technology. ~ Subject to provisions of this Act, the Department of Information
and Communications Technology, the Department of Science and Technology, and the
Technical Education and Skills Development Authority shall have the joint responsibility to
develop and implement plans, policies, programs, measures, and mechanisms for the
development of human resources, skills development, and technology development for
information and communications technology infrastructure in the Philippines.

(f) Information and Communications Technology Education. — Subject to provisions of

this Act, the Department of Information and Communications Technology, the Department of

Education, and the Commission on Higher Education shall have the joint responsibility to
develop and implement plans, policies, programs, measures, and mechanisms for information
and communications technology education in the Philippines.

(g) Intellectual Property Rights Protection in Cyberspace. ~ Subject to provisions of this
‘Act and other relevant laws, the Intellectual Property Office shall, within Philippine jurisdiction,

be primarily responsible for the protection of intellectual property rights in cyberspace. As

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official registrar and repository of copies of published works, the National Library and the

National Archives shall assist the Intellectual Property Office in the protection of copyright.

SECTION 36. Amendments to the Public Telecommunications Policy Act of the
Philippines. — (a) Jurisdiction over the provision and regulation of Intemet and information and
communications technology services shall be vested with the National Telecommunications
‘Commission, in accordance with the succeeding provisions.

(b) The Public Telecommunications Policy Act of the Philippines (RA 7925) Article Ill,

Section 5 is hereby amended to read:

“Section 5. Responsibilities of the National Telecommunications

Commission. - The National Telecommunications Commi

ion (Commission)
shall be the principal administrator of this Act and as such shall take the necessary
measures to implement the policies and objectives set forth in this Act.
Accordingly, in addition to its existing functions, the Commission shall be

responsible for the following:

a) Adopt an administrative process which would facilitate the entry of
qualified service providers and adopt a pricing policy which would generate
sufficient retums to encourage them to provide basic telecommunications,
NETWORK, AND INTERNET services in unserved and underserved areas;

b) Ensure quality, safety, reliability, security, compatibility and inter-
operability of telecommunications, NETWORK, AND INTERNET services in
conformity with standards and specifications set by intemational radio,

telecommunications, NETWORK, AND INTERNET organizations to which the

Philippines is a signatory;

©) Mandate a fair and reasonable interconnection of facilities of
authorized public network operators and other providers of telecommunications,
NETWORK, AND INTERNET services through appropriate modalities of
imerconnection and at a reasonable and fair level of charges, which make

provision for the cross subsidy to unprofitable local exchange service areas so as

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to promote telephone [density], MOBILE PHONE, NETWORK, AND
BROADBAND DENSITY and provide the most extensive access to basic
telecommunications, NETWORK, AND INTERNET services available at
affordable rates to the public;
HXK OXXK XK

e) Promote consumers’ welfare by facilitating access to
telecommunications, NETWORK, AND INTERNET SERVICES whose
infrastructure and network must be geared towards the needs of individual and
business users, AND BY DEVELOPING AND IMPLEMENTING
STANDARDS, PLANS, POLICIES, PROGRAMS, MEASURES, AND
MECHANISMS, INCLUDING ARBITRATION, QUASI-JUDICIAL, AND
PROSECUTORIAL MECHANISMS, TO PROTECT THE WELFARE OF
CONSUMERS AND USERS OF TELECOMMUNICATIONS, NETWORK,

AND INTERNET SERVICES; xxx.”

(b) The Public Telecommunications Policy Act of the Philippines, Article III, Section 6 is,

hereby amended to read:

“Section 6, Responsibilities of and Limitations to Department Powers. ~
The Department of [Transportation and Communications (DOTC)]
INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT) shall
not exercise any power which will tend to influence or effect a review or a
modification of the Commission's quasi-judicial functions.

In coordination with the Commission, however, the Department shall, in
accordance with the policies enunciated in this Act, be responsible for:

XXX XXX XN,

©) the representation and promotion of Philippine interests in international
bodies, and the negotiation of the nation's rights and obligations in international
{telecommunications] INFORMATION TECHNOLOGY,
COMMUNICATIONS, NETWORK, AND INTERNET matters; and

4) the operation of a national consultative forum to facilitate interaction

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amongst the —_{telecommunications industries] INFORMATION,
COMMUNICATIONS, NETWORK, AND INTERNET INDUSTRIES,
USER GROUPS, academic and research institutions in the airing and resolution
of important issues inthe field of -—_ [communications]

TELECOMMUNICATIONS AND THE INTERNET. xxx”

(©) The Public Telecommunications Policy Act of the Philippines Article, IV is hereby

amended to include the following provisions:

“SECTION 104, LOCAL INTERNET SERVICE PROVIDER. - A
LOCAL INTERNET SERVICE PROVIDER SHALL:

(A) PROVIDE UNIVERSAL INTERNET CONNECTION SERVICE
TO ALL SUBSCRIBERS WHO APPLIED FOR SUCH SERVICE, WITHIN
A REASONABLE PERIOD AND AT SUCH STANDARDS AS MAY BE
PRESCRIBED BY THE COMMISSION AND AT SUCH TARIFF AS TO
SUFFICIENTLY GIVE IT A FAIR RETURN ON ITS INVESTMENTS.

(B) BE PROTECTED FROM UNCOMPENSATED BYPASS OR
OVERLAPPING OPERATIONS OF OTHER TELECOMMUNICATIONS
ENTITIES IN NEED OF PHYSICAL LINKS OR CONNECTIONS TO ITS
CUSTOMERS IN THE AREA EXCEPT WHEN IT IS UNABLE TO
PROVIDE, WITHIN A REASONABLE PERIOD OF TIME AND AT
DESIRED STANDARD, THE INTERCONNECTION ARRANGEMENTS
REQUIRED BY SUCH ENTITIES.

(©) HAVE THE FIRST OPTION TO PROVIDE PUBLIC OR
PRIVATE NETWORK ACCESS OR INTERNET ACCESS NODES OR
ZONES IN THE AREA COVERED BY ITS NETWORK.

(D) BE ENTITLED TO A FAIR AND EQUITABLE REVENUE
SHARING ARRANGEMENT WITH THE INTERNET EXCHANGE,
INTERNET DATA CENTER, INTERNET GATEWAY FACILITY, OR
SUCH OTHER CARRIERS CONNECTED TO ITS BASIC NETWORK.

PROVIDED THAT THE SERVICE IT PROVIDES IS SOLELY

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DEPENDENT ON EXISTING NETWORKS BEING OPERATED AND
MAINTAINED BY AT LEAST ONE OTHER TELECOMMUNICATIONS
ENTITY, A LOCAL INTERNET SERVICE PROVIDER NEED NOT
SECURE A FRANCHISE.

A CABLE TV FRANCHISE MAY PROVIDE LOCAL INTERNET
CONNECTION, NETWORK, OR DATA TRANSMISSION SERVICES
WITHOUT A SEPARATE FRANCHISE; PROVIDED, THAT THE
OPERATION OF INTERNET CONNECTION, NETWORK, OR DATA
TRANSMISSION SERVICE BY THE CABLE TV FRANCHISE SHALL
BE GOVERNED BY THIS ACT AND OTHER RELEVANT LAWS.

THE PROVISION OF INTERNET CONNECTION, NETWORK,
OR DATA TRANSMISSION SERVICES SHALL BE ALSO BE
GOVERNED BY THE PUBLIC SERVICE ACT, AS AMENDED, AND
OTHER RELEVANT LAWS GOVERNING UTILITIES.

SECTION 10B. INTERNET EXCHANGE. - THE NUMBER OF
ENTITIES ALLOWED TO PROVIDE INTERNET EXCHANGE
SERVICES SHALL NOT BE LIMITED, AND AS A MATTER OF
POLICY, WHERE IT IS ECONOMICALLY VIABLE, AT LEAST TWO
(2) INTERNET EXCHANGES SHALL BE AUTHORIZED: PROVIDED,
HOWEVER, THAT A LOCAL INTERNET SERVICE PROVIDER SHALL
NOT BE RESTRICTED FROM OPERATING ITS OWN INTERNET
EXCHANGE SERVICE IF ITS VIABILITY IS DEPENDENT THERETO.
SUCH INTERNET EXCHANGE SHALL HAVE THE FOLLOWING
OBLIGATIONS:

(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET
EXCHANGES IN THE SAME CATEGORY AND WITH ALL LOCAL
INTERNET SERVICE PROVIDERS AND OTHER
TELECOMMUNICATIONS ENTITIES, UPON APPLICATION AND

WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND

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REASONABLE LEVEL CHARGES, IN ORDER THAT INTERNET AND
NETWORK SERVICES ARE MADE POSSIBLE; AND

(B) IT SHALL HAVE THE RIGHT TO ESTABLISH AND
OPERATE ITS OWN NETWORK FACILITIES THROUGH WHICH
INTERNATIONAL NETWORKS OR INTERNATIONAL GATEWAY
FACILITIES SHALL BE ABLE TO COURSE THEIR MESSAGES OR
SIGNALS.

(©) IT SHALL COMPLY WITH INTERNATIONAL AND
GENERIC ENGINEERING REQUIREMENTS AND STANDARDS OF
OPERATION FOR INTERNET EXCHANGES.

SECTION 10C. INTERNET DATA CENTER. - THE NUMBER OF
ENTITIES ALLOWED TO PROVIDE INTERNET DATA CENTER
SERVICES SHALL NOT BE LIMITED, AND AS A MATTER OF
POLICY, WHERE IT IS ECONOMICALLY VIABLE, AT LEAST TWO
@) INTERNET DATA CENTERS SHALL BE AUTHORIZED:
PROVIDED, HOWEVER, THAT A LOCAL INTERNET SERVICE
PROVIDER OR CONTENT PROVIDER SHALL NOT BE RESTRICTED
FROM OPERATING ITS OWN INTERNET DATA CENTER IF ITS
VIABILITY IS DEPENDENT THERETO. SUCH INTERNET DATA
CENTER SHALL HAVE THE FOLLOWING OBLIGATIONS:

(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET
DATA CENTERS IN THE SAME CATEGORY AND WITH ALL LOCAL
INTERNET SERVICE PROVIDERS AND OTHER
TELECOMMUNICATIONS ENTITIES, UPON APPLICATION AND
WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND

REASONABLE LEVEL CHARGES, IN ORDER THAT INTERNET AND

NETWORK SERVICES ARE MADE POSSIBLE; AND
(B) IT SHALL HAVE THE RIGHT TO ESTABLISH AND
OPERATE ITS OWN NETWORK FACILITIES THROUGH WHICH

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INTERNATIONAL NETWORKS OR INTERNATIONAL GATEWAY
FACILITIES SHALL BE ABLE TO COURSE THEIR MESSAGES OR
SIGNALS.

(© IT SHALL COMPLY WITH INTERNATIONAL AND
GENERIC ENGINEERING REQUIREMENTS AND STANDARDS OF
OPERATION FOR NETWORK AND DATA CENTERS.

SECTION 10D. INTERNET GATEWAY FACILITY. — ONLY
ENTITIES WHICH WILL PROVIDE INTERNET EXCHANGE
SERVICES OR INTERNET DATA CENTER SERVICES, AND CAN
DEMONSTRABLY SHOW TECHNICAL AND — FINANCIAL
CAPABILITY TO INSTALL AND OPERATE AN INTERNATIONAL
GATEWAY FACILITY, SHALL BE ALLOWED TO OPERATE AS AN
INTERNET GATEWAY FACILITY.

THE ENTITY SO ALLOWED SHALL BE REQUIRED TO
PRODUCE A FIRM CORRESPONDENT OR INTERCONNECTION
RELATIONSHIPS, WITH MAJOR OVERSEAS
TELECOMMUNICATIONS AUTHORITIES, CARRIERS, OVERSEAS
INTERNET GATEWAYS, NETWORKS, AND INTERNET SERVICE
PROVIDERS WITHIN ONE (1) YEAR FROM THE GRANT OF THE
AUTHORITY,

THE INTERNET GATEWAY FACILITY SHALL ALSO COMPLY
WITH ITS OBLIGATIONS TO PROVIDE INTERNET EXCHANGE
SERVICES IN UNSERVED OR UNDERSERVED AREAS WITHIN
THREE (3) YEARS FROM THE GRANT OF THE AUTHORITY AS
REQUIRED BY EXISTING REGULATIONS: PROVIDED, HOWEVER,
THAT SAID INTERNET GATEWAY FACILITY SHALL BE DEEMED
TO HAVE COMPLIED WITH THE SAID OBLIGATION IN THE EVENT
IT ALLOWS AN AFFILIATE THEREOF TO ASSUME SUCH
OBLIGATION AND WHO COMPLIES THEREWITH.

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FAILURE TO COMPLY WITH THE ABOVE OBLIGATIONS
SHALL BE A CAUSE TO CANCEL ITS AUTHORITY OR PERMIT TO
OPERATE AS AN INTERNET GATEWAY FACILITY.

SECTION 10E, CONTENT PROVIDER. - EXCEPT FOR BUSINESS
PERMITS AND OTHER REGULATORY REQUIREMENTS AS
PROVIDED FOR BY THE CONSUMER ACT OF THE PHILIPPINES, AS
AMENDED, AND OTHER RELEVANT LAWS, AND PROVIDED THAT
THE TRANSMISSION OF ITS CONTENT IS SOLELY DEPENDENT ON
EXISTING NETWORKS BEING OPERATED AND MAINTAINED BY AT
LEAST ONE OTHER TELECOMMUNICATIONS ENTITY, A CONTENT
PROVIDER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES

NEED NOT SECURE A FRANCHISE, LICENSE, OR PERMIT TO

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OPERATE IN THE PHILIPPINES.

SUBJECT TO THE NATURE OF THE CONTENT THAT IS
PROVIDED BY THE CONTENT PROVIDER FOR COMMERCIAL
PURPOSES, LAWS SUCH AS PAGCOR CHARTER, AS AMENDED, THE
MTRCB CHARTER, AS AMENDED, AND OTHER RELEVANT LAWS,
SHALL BE DEEMED APPLICABLE TO THE CONTENT PROVIDER.”

(a) The Public Telecommunications Policy Act of the Philippines, Article IV, Section 11

is hereby amended to read:

“Section 11. Value-added Service Provider. ~ Provided that [it does not
put up its own network] THE SERVICE IT PROVIDES IS SOLELY
DEPENDENT ON EXISTING NETWORKS BEING OPERATED AND
MAINTAINED BY AT LEAST ONE OTHER TELECOMMUNICATIONS
ENTITY, a VAS provider need not secure a franchise. A VAS provider shall be
allowed to competitively offer its services and/or expertise, and lease or rent
telecommunications equipment and facilities necessary to provide such

specialized services, in the domestic and/or international market in accordance

with network compatibility.

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Telecommunications entities may provide VAS, subject to the additional
requirements that:

(a) prior approval of the Commission is secured to ensure that such VAS
offerings are not cross-subsidized from the proceeds of their utility operations;

(b) other providers of VAS are not discriminated against in rates nor

denied equitable access to their fac

and,

(©) separate books of accounts are maintained for the VAS.

THE PROVISION OF HIGH-SPEED OR HIGH-VOLUME
INTERNET CONNECTION OR DATA TRANSMISSION SERVICES AS A
SERVICE SEPARATE FROM NORMAL INTERNET CONNECTION OR
DATA TRANSMISSION SERVICES SHALL NOT BE CLASSED AS A

VALUE-ADDED SERVICE.”

(c) The Public Telecommunications Policy Act of the Philippines, Article V, Section 14

is hereby amended to read:

“Section 14. Customer Premises Equipment. — Telecommunications
subscribers AND INTERNET AND NETWORK USERS shall be allowed to
use within their premises terminal equipment, such as telephone, PABX,
facsimile, SUBSCRIBER IDENTIFICATION MODULE (SIM) CARDS,
data, record, message and other special purpose or multi-function
telecommunication terminal equipment intended for such connection: Provided,
that the equipment is type-approved by the Commission.

UNLESS DESIGNED AND MANUFACTURED AS SUCH
WITHOUT NEED FOR A_ SPECIAL REQUEST BY A
TELECOMMUNICATIONS ENTITY, NO CUSTOMER PREMISES
EQUIPMENT SHALL BE RESTRICTED FROM INTERCONNECTING
TO A NETWORK OR TO THE INTERNET, OR INTEROPERABILITY
WITH OTHER CUSTOMER PREMISES EQUIPMENT, NETWORK
EQUIPMENT, DATA STORAGE EQUIPMENT, OR OTHER DEVICES
OR EQUIPMENT THAT MAY BE NORMALLY INTERCONNECTED

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WITH OR MAY NORMALLY ENJOY INTEROPERABILITY WITH, AS
APPLICABLE; PROVIDED, HOWEVER, THAT IN THE COURSE OF
NORMAL OPERATIONS SUCH INTERCONNECTION OR
INTEROPERABILITY SHALL NOT COMPROMISE DATA OR
NETWORK PRIVACY OR SECURITY.”

(f) The Public Telecommunications Policy Act of the Philippines, Article VII, Section 20
is hereby amended to read:

“Section 20. Rights of End-Users. — The user of telecommunications,
INTERNET, NETWORK, OR DATA TRANSMISSION service shall have the
following basic rights:

RAK XXX AK

(©) RIGHT TO BE GIVEN THE FIRST INTERNET OR
NETWORK CONNECTION WITHIN TWO (2) MONTHS OF
APPLICATION FOR SERVICE, AGAINST DEPOSIT; OR WITHIN
THREE (3) MONTHS AFTER TARGETED COMMENCEMENT OF
SERVICE IN THE BARANGAY CONCERNED PER THE ORIGINAL
SCHEDULE OF SERVICE EXPANSION APPROVED BY THE

COMMISSION, WHICHEVER DEADLINE COMES LATER;

(4) Regular, timely and accurate billing, courteous and efficient service at
utility business offices and by utility company personnel;

(E) TIMELY CORRECTION OF ERRORS IN BILLING AND THE
IMMEDIATE PROVISION OF REBATES OR REFUNDS BY THE
UTILITY WITHOUT NEED FOR DEMAND BY THE USER; AND;

( Thorough and prompt investigation of, and action upon complaints.
The utility shall endeavor to allow complaints [over the telephone|TO BE
RECEIVED BY POST AND OVER MEANS — USING
TELECOMMUNICATIONS FACILITIES OR THE INTERNET, WHICH
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO VOICE CALLS,
SHORT MESSAGE SERVICE (SMS) MESSAGES, MULTIMEDIA

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MESSAGE SERVICE (MMS) MESSAGES, OR EMAIL, and shall keep a
record of all [written or phoned-in} complaints received and the actions taken to
address these complaints.

SUBJECT TO THE FILING OF A FORMAL REQUEST TO THE
UTILITY, A USER MAY REQUEST THE IMMEDIATE TERMINATION
OF SERVICE, WITHOUT THE IMPOSITION OF FEES OR PENALTIES,
AND WITH THE REFUND OF ANY FEES OR CHARGES ALREADY
PAID BY THE USER, SHOULD A UTILITY NOT CONSISTENTLY
COMPLY WITH PRECEDING PARAGRAPHS (A), (D), (E), (F), OR ANY
OTHER MINIMUM PERFORMANCE STANDARDS SET BY THE
COMMISSION.

SUBJECT TO STANDARDS SET BY THE COMMISSION,
REASONABLE FEES OR PENALTIES MAY BE IMPOSED BY THE
UTILITY, OR MAY BE DEDUCTED FROM ANY FEES OR CHARGES
ALREADY PAID BY THE USER, SHOULD A USER REQUEST THE
IMMEDIATE TERMINATION OF SERVICE; PROVIDED THAT:

(1) THE UTILITY IS ABLE TO SHOW THAT THE REQUEST IS
NOT BASED ON A NONCOMPLIANCE WITH PRECEDING
PARAGRAPHS (A), (D), (E), (F), OR ANY OTHER MINIMUM
PERFORMANCE STANDARDS SET BY THE COMMISSION; OR,

@) THE UTILITY HAS EVIDENCE THAT THE NON-
COMPLIANCE HAS NOT RECURRED, IS NOT RECURRING, NOR
WILL RECUR IN THE FUTURE; OR THE UTILITY HAS EVIDENCE
THAT THE NONCOMPLIANCE WAS DUE TO FACTORS BEYOND ITS
CONTROL; OR THE UTILITY HAS PROVIDED IMMEDIATE REFUND
OR REBATE TO THE USER UPON DETECTION OF THE
NONCOMPLIANCE; OR THE UTILITY HAS EVIDENCE THAT IT HAS
EXERTED ITS BEST EFFORTS TO RESOLVE THE NONCOMPLIANCE

AND RESTORE THE SERVICE TO THE LEVEL AGREED BETWEEN

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THE UTILITY AND THE USER WITHIN SEVEN (7) DAYS OF THE
REQUEST FOR IMMEDIATE TERMINATION; AND THE UTILITY
SHALL COMPLY WITH IMMEDIATE TERMINATION OF SERVICE,
WITHOUT THE IMPOSITION OF FEES OR PENALTIES, AND REFUND
ANY FEES OR CHARGES ALREADY PAID BY THE USER WITHOUT

NEED FOR DEMAND SHOULD THE SERVICE

1T BE RESTORED
WITHIN THE SEVEN (7) DAY PERIOD, WITHIN THREE (3) DAYS
AFTER THE TERMINATION OF SERVICE.

SUBJECT TO STANDARDS SET BY THE COMMISSION,
PENALTIES MAY BE IMPOSED ON A UTILITY THAT IS UNABLE TO
COMPLY WITH PRECEDING PARAGRAPHS (B) AND (C). THE
COMMISSION MAY IMPOSE ADDITIONAL PENALTIES IF THE
UTILITY DOES NOT REFUND ANY DEPOSITS, FEES, OR CHARGES
ALREADY PAID BY THE USER WITHOUT NEED FOR DEMAND
WITHIN THREE (3) DAYS AFTER THE DEADLINE AGREED UPON

BETWEEN THE USER AND THE UTILITY.”

SECTION 37. Quality of Service and Network Fair Use. - (a) No Internet service

provider, Internet exchange, Internet data center, Internet gateway facility, telecommunications

entity, or person providing Internet connection, network, or data transmission services shall:

(i) Fail to provide a service, or network services on reasonable, and

nondiseriminatory terms and conditions such that any person can offer or provide
content, applications, or services to or over the network in a manner that is at least equal
to the manner in which the provider or its affiliates offer content, applications, and

services free of any surcharge on the basis of the content, application, or service;

i) Refuse to interconnect facilities with other facilities of another provider of

network services on reasonable, and nondiscriminatory terms or conditions;
(iii) Block, impair, or discriminate against, or to interfere with the ability of any
person to use a network service to access, to use, to send, to receive, or to offer lawful

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content, applications, or services over the Internet;

(iv) Impose an additional charge to avoid any conduct that is prohibited by
subscription;

(v) Prohibit a user from attaching or using a device on the Intemet service
provider's network that does not physically damage or materially degrade other users’
utilization of the network;

(vi) Fail to clearly and conspicuously disclose to users, in plain language, accurate

information concer

1g any terms, conditions, or limitations on the network service; or,

(vii) Impose a surcharge or other consideration for the prioritization or offer of
enhanced quality of service to data or protocol of a particular type, and must provide
equal quality of service to all data or protocol of that type regardless of origin or
ownership.

(b) Nothing in this section shall be construed as to prevent an Internet service provider,
Internet exchange, Intemet data center, Internet gateway facility, telecommunications entity, or
person providing Internet connection, network, or data transmission services from taking
reasonable and nondiscriminatory measures:

(i) To manage the function of a network on a system-wide basis, provided that
such management function does not result in the discrimination between content,
application, or services offered by the provider or user;

(ii) To give priority to emergency communications;

(ii) To prevent a violation of law; or to comply with an order of the court
enforcing such law;

(iv) To offer consumer protection services such as parental controls, provided
users may refuse to enable such services, or opt-out; or,

(v) To offer special promotional pricing or other marketing initiatives.

(c) An Internet service provider, Internet exchange, Internet data center, Internet gateway
facility, telecommunications entity, or person providing Intemet connection, network, or data
transmission services may provide for different levels of availability, uptime, or other service

quality standards set by the National Telecommunications Commission for services using

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prepaid, postpaid, or other means of payment; Provided, that minimum levels of availability,
uptime, and other service quality standards set by the Commission shall not be different between

services using prepaid, postpaid, or other means of payment.

SECTION 38. Amendments to the Intellectual Property Code of the Philippines. —
(a) The Intellectual Property Code of the Philippines (Republic Act No. 8293), Part IV,
Chapter II, Section 172 is hereby amended to read:

“Section 172. Literary and Artistic Works. — 172.1. Literary and artistic

works, hereinafter referred to as "works", are original intellectual creations in the
literary and artistic domain protected from the moment of their creation and shall
include in particular:

XXX XXX XXX,

(n) CODE, SCRIPTS, COMPUTER PROGRAMS, SOFTWARE
APPLICATIONS, AND OTHER SIMILAR WORK, WHETHER
EXECUTABLE IN WHOLE OR AS PART OF ANOTHER CODE,
SCRIPT, computer programs, SOFTWARE APPLICATION OR OTHER
SIMILAR WORK;

XXX XXX XXX,
172.2. Works are protected by the sole fact of their creation, irrespective

of their mode or form of expression OR PUBLICATION, as well as of their

content, quality and purpose.”
(b) The Intellectual Property Code of the Philippines, Part I, Chapter V, Section 177
shall be amended to read:
“Section 177. Copyright, [or] COPYLEFT, AND OTHER Economic
Rights. -THE ECONOMIC RIGHTS OVER ORIGINAL AND

DERIVATIVE LITERARY AND ARTISTIC WORKS SHALL BE ANY OF

THE FOLLOWING:
177.1 COPYRIGHT -SUBJECT TO THE PROVISIONS OF
CHAPTER VIII, ECONOMIC RIGHTS UNDER THIS SECTION SHALL

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CONSIST OF THE EXCLUSIVE RIGHT TO CARRY OUT, AUTHORIZE
OR PREVENT THE FOLLOWING ACTS:
XXX XNK XK

177.2. COPYLEFT ~ IS THE EXERCISE OF ECONOMIC RIGHTS
OVER ORIGINAL AND DERIVATIVE WORKS, INCLUDING FREE
AND OPEN-SOURCE SOFTWARE, WHERE THE AUTHOR
IRREVOCABLY ASSIGNS TO THE PUBLIC, EITHER PARTIALLY OR
FULLY, ONE OR SEVERAL RIGHTS IN COMBINATION, THE RIGHT
TO USE, MODIFY, EXTEND, OR REDISTRIBUTE THE ORIGINAL
WORK. UNDER COPYLEFT, ANY AND ALL WORKS DERIVED FROM
THE ORIGINAL WORK SHALL BE COVERED BY THE SAME
LICENSE AS THE ORIGINAL WORK. DECLARATION OF A
COPYLEFT LICENSE SHALL BE SUFFICIENT IF A STATEMENT OF
THE APPLICABLE COPYLEFT LICENSE IS STIPULATED ON A COPY
OF THE WORK AS PUBLISHED.

177.3 FREE OR PUBLIC ~ IS THE EXERCISE OF ECONOMIC
RIGHTS OVER ORIGINAL AND DERIVATIVE WORKS WHERE THE
AUTHOR IRREVOCABLY ASSIGNS TO THE PUBLIC ALL THE
RIGHTS TO USE, MODIFY, EXTEND, OR REDISTRIBUTE THE
ORIGINAL WORK WITHOUT ANY RESTRICTIONS, OR WHERE THE
AUTHOR IRREVOCABLY DECLARES THE WORK TO BE PUBLIC
DOMAIN UNDER SECTIONS 175 AND 176 OF THIS CODE. THE
REDISTRIBUTION OF ANY MODIFIED OR DERIVATIVE WORK
SHALL NOT BE REQUIRED TO ADOPT FREE OR PUBLIC RIGHT.
ADOPTION OR DECLARATION OF THIS RIGHT SHALL BE
SUFFICIENT IF A STATEMENT TO THE EFFECT IS STIPULATED ON
A COPY OF THE WORK AS PUBLISHED.

177.4 EXCEPT WITH RESPECT TO ECONOMIC RIGHTS
UNDER COPYLEFT, THE AUTHOR OR COPYRIGHT OWNER SHALL

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HAVE THE OPTION TO DECLARE THE TYPE OF LICENSE OR
ECONOMIC RIGHTS THAT MAY BE EXERCISED BY THE PUBLIC IN
RELATION TO THE WORK; PROVIDED THAT, FAILURE OF THE
AUTHOR OR COPYRIGHT OWNER TO MAKE SUCH DECLARATION
SHALL BE CONSTRUED AS CLAIM OF ECONOMIC RIGHTS UNDER

SECTION 177.1.”

(c) The Intellectual Property Code of the Philippines, Part Il, Chapter VII, Section 180

shall be amended to read:

"Section 180. Rights of Assignee of Copyright. — 180.1. The
ECONOMICRIGHTSUNDER SECTION 177.1 may be assigned in whole or
in part. Within the scope of the assignment, the assignee is entitled to all the rights
and remedies which the assignor or licensor had with respect to the copyright.
XXX XXX XXX

180.3. The submission of a literary, photographic or artistic work to a
newspaper, magazine or periodical for publication, shall constitute only a license
to make a single publication unless a greater right is expressly granted, IN THE
CASE OF POSTING TO A WEBSITE OR AN ONLINE VERSION OF A
NEWSPAPER, MAGAZINE, OR PERIODICAL, ENABLING ACCESS TO
THE WHOLE OR PORTION OF THE WORK VIA AUTOMATIC
CONTENT SYNDICATION OR SEARCH RESULTS SHALL NOT
CONSTITUTE VIOLATION OF THE LICENSE UNLESS THE
CONTRARY IS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT
BETWEEN COPYRIGHT OWNER AND PUBLISHER/HOST/SERVICE
PROVIDER. If two (2) or more persons jointly own a copyright or any part
thereof, neither of the owners shall be entitled to grant licenses without the prior

written consent of the other owner or owners. XxX”

(4) The Intellectual Property Code of the Philippines, Part Il, Chapter VII, Section 182

shall be amended to read:

“Section 182. Filing of Assignment or License OF COPYRIGHT. ~ An

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assignment or exclusive license may be filed in duplicate with the National
Library upon payment of the prescribed fee for registration in books and records
kept for the purpose. Upon recording, a copy of the instrument shall be returned to
the sender with a notation of the fact of record. Notice of the record shall be

published in the IPO Gazette. xxx”

(e) The Intellectual Property Code of the Philippines, Part Il, Chapter VII, Section 187

shall be amended to read:

“Section 187. Reproduction of Published Work. ~ 187.1. Subject to the
provisions of Section 177 [and subject to the provisions] in relation to the
provision of Subsection 187.2, the private reproduction of a published work in a
single copy, where the reproduction is made by a natural person exclusively for
research and private study, shall be permitted, without the authorization of the
owner of copyright in the work.

2. The permission granted under Subsection 187.1 shall not extend to the
reproduction of:

XXX XXX XXX

(©) A compilation of RAW data, HAVING NOT UNDERGONE DATA

AND INFORMATION PROCESSING, and other materials;
XXX XXX AK

(E) THE CONTENTS OF A WEBSITE, IF SUCH DOWNLOADING
IS FOR THE PURPOSE OF CREATING A BACK-UP COPY FOR
ARCHIVAL PURPOSES, OR EXCLUSIVELY TO TEMPORARILY
FACILITATE THE EXECUTION OF COMPUTER APPLICATIONS,
SUCH AS BUT NOT LIMITED TO SEARCH ENGINES, OR
EXCLUSIVELY TO TEMPORARILY FACILITATE THE OPERATION
OF THE INTERNET OR NETWORKS, SUCH AS BUT NOT LIMITED
TO CACHE COPIES, OR EXCLUSIVELY FOR PURPOSES OF

STATISTICAL OR PERFORMANCE ANALYSIS; and, xxx.”

(f) The Intellectual Property Code of the Philippines, Part II, Chapter IX, Section 192

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shall be amended to read:
“Section 192. Notice of [Copyright] APPLICABLE ECONOMIC

RIGHTS.— Each copy of a work published or offered for sale may contain a

notice bearing the name of the copyright owner, and the year of its first
publication, and, in copies produced after the creator's death, the year of such

death. IN CASE OF FAILURE OF THE AUTHOR OR COPYRIGHT
OWNER TO INDICATE THE LICENSE APPLICABLE FOR THE
‘WORK, IT SHALL BE PRESUMED THAT THE COPYRIGHT OWNER:
ADOPTED COPYRIGHT UNLESS INTENT TO THE CONTRARY IS

PROVEN.”

SECTION 39. Content Fair Use. ~ (a) Subject to the provisions of the Intellectual
Property Code of the Philippines, as amended, and this Act and other relevant laws, the viewing
of online content on any computer, device, or equipment shall be considered fair use.

(b) Subject to the provisions of the Intellectual Property Code of the Philippines, as
amended, this Act, and other relevant laws, the viewing, use, editing, decompiling, or
modification, of downloaded or otherwise offline content on any computer, device, or equipment

shall be considered fair use; Provided, that the derivative content resulting from editing,

decompiling, or modification shall be subject to the provisions of the Intellectual Property Code

of the Philippines, as amended, this Act, and other relevant laws governing derivative content.
(©) It shall be presumed that any person who shall upload to, download from, edit,

modify, or otherwise use content on the Internet or telecommunications networks shall have done

so with full knowledge of the nature of the intellectual property protections applicable to the

content,
SECTION 40. Amendments to the E-Commerce Act. ~ Subject to the provisions of this
Act, paragraphs (a) and (b) of Section 33 of the Electronic Commerce Act of 2000 (RA 8792) are

hereby repealed.

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SECTION 41, Amendments to the Data Privacy Act. ~ (a) Subject to the provisions of
this Act, the Data Privacy Act of 2012 (RA 10173), Section 7 is hereby amended to read:
“Section 7. Functions of the National DATA Privacy Commission. - To administer and
implement the provisions of this Act, and to monitor and ensure compliance of the country with
international standards set for data protection, there is hereby created an independent body to be
known as the National DATA Privacy Commission, which shall have the following functions:

xxx’

(b) Subsequent mentions of “National Privacy Commi

jon” are hereby amended to be
consistent with the amendment above.

(c) Subject to the provisions of this Act, Sections 29, 31, and 32 of the Data Privacy Act
of 2012 are repealed.

(d) Subject to the provisions of this Act, Section 6 of the Data Privacy Act of 2012 is

amended to include the provisions on extraterritoriality as provided for by Section 67 of this Act.

SECTION 42, Repeal of the Cybercrime Prevention Act. ~ The Cybercrime Prevention

Act of 2012 (RA 10175) is repealed in its entirety.

Part 6. Cybererimes and Other Prohibited Acts

SECTION 43. Network sabotage. — (a) Direct network sabotage. — It shall be unlawful
for any person to cause or attempt to cause the stoppage or degradation of Internet or network
‘operations of another person, through electronic means such as denial of service (DoS) attacks or
distributed denial of service (DDoS) attacks, through physical destruction of devices, equipment,
physical plant, or telecommunications cables including cable TV transmission lines and other
transmission media, or through other means, except if the stoppage or degradation has been done
in the normal course of work or business by a person authorized to stop, modify, or otherwise
control network operations of the other person.

(b) Indirect network sabotage. ~ It shall be unlawful for any person to install, infect,
implant, or otherwise put in a device, equipment, network, or physical plant any means of

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performing stoppage, degradation, or modification of Internet or network operations, or data or
information processing, such as but not limited to bots, or to interconnect, establish, or otherwise

create a network of software, devi

es, equipment, or physical plants with the means of
performing stoppage, degradation, or modification of Internet or network operations, or data or
information processing, such as but not limited to botnets, except if the installation or
interconnection has been done in the normal course of work or business by a person authorized
to stop, modify, or otherwise control network operations or data or information processing of the
network.

(c) Criminal negligence not presumed in unintentional network sabotage. ~ Except upon
a final ruling from the courts, issued following due notice and hearing, criminal negligence shall
not be presumed to be the cause of the unintentional stoppage or degradation of Internet or
network operations by a person authorized to stop, modify, or otherwise control network

operations, or by accident, unforeseen occurrences, or acts of God.

SECTION 44. Failure to Provide Reasonable Security for Data and Networks. ~ (a)

Failure to provide security. — It shall be unlawful for any Internet service provider,
telecommunications entity, or other such person providing Intemet or data services to
intentionally or unintentionally fail to provide appropriate levels of security for data, networks,
storage media where data is stored, equipment through which networks are run or maintained, or
the physical plant where the data or network equipment is housed.

(b) Negligent failure to provide security. — Negligence resulting to acts in violation of the
Data Privacy Act of 2012 (RA 10175) using a device, network equipment, or physical plant
connected to the Internet, public networks, private networks, or telecommunications facilities
shall constitute a violation of the preceding paragraph, without prejudice to prosecution under the
Data Privacy Act of 2012 (RA 10175).

(c) Negligent failure to provide security presumed to be the result of criminal negligence.
~The unintentional failure for any Internet service provider, telecommunications entity, or other
such person providing Internet or data services to provide appropriate levels of security for data,

networks, storage media where data is stored, equipment through which networks are run or

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maintained, or the physical plant where the data or network equipment is housed shall be

presumed to be the result of criminal negligence, except upon a final ruling from the courts,

issued following due notice and hearing.

SECTION 45. Violation of Data Privacy. — (a) Unauthorized access. — It shall be

unlawful for any person to intentionally access data, networks, storage media where data is
stored, equipment through which networks are run or maintained, the physical plant where the

data or network equipment is housed, without authority granted by the Intemet service provider,

telecommunications entity, or other such person providing Internet or data services having
possession or control of the data or network, or to intentionally access intellectual property
published on the Internet or on other networks without the consent of the person having
‘ownership, possession, or control of the intellectual property, or without legal grounds, even if
access is performed without malice.

(b) Unauthorized modification. — It shall be unlawful for any person to intentionally
modify data, networks, storage media where data is stored, equipment through which networks
are run or maintained, the physical plant where the data or network equipment is housed, without
authority granted by the Internet service provider, telecommunications entity, or other such
person providing Internet or data services having possession or control of the data or network, or
to intentionally modify intellectual property published on the Intemet or on other networks

without the consent of the person having ownership, possession, or contro! of the intellectual

property, or without legal grounds, even if the modification is performed without malice.

(©) Unauthorized authorization or granting of privileges. ~ It shall be unlawful for any
person to intentionally provide a third party authorization or privileges to access or modify data,
networks, storage media where data is stored, equipment through which networks are run or
maintained, the physical plant where the data or network equipment is housed, without authority
granted by the Intemet service provider, telecommunications entity, or other such person
providing Intemet or data services having possession or control of the data or network, or to
intentionally provide a third party authorization to access or modify intellectual property

published on the Internet or on other networks without the consent of the person having

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‘ownership, possession, or control of the intellectual property, or without legal grounds, even if
the authorization to access or perform modifications was granted without malice.

(d) Unauthorized disclosure. — It shall be unlawful for any authorized person to
intentionally disclose or cause the disclosure to a third party or to the public any private data
being transmitted through the Internet or through public networks, or any data being transmitted
through private networks, without legal grounds, even if the disclosure was done without malice.

(©) Violation of Data Privacy Act through ICT. ~ It shall be unlawful to perform acts in

violation of the Data Privacy Act of 2012 (RA 10175) us

1g a device, network equipment, or
physical plant connected to the Intemet, public networks, private networks, or

telecommunications facilities.

SECTION 46. Violation of Data Security. - (a) Hacking. ~ It shall be unlawful for any
unauthorized person to intentionally access or to provide a third party with access to, or to hack
or aid or abet a third party to hack into, data, networks, storage media where data is stored,
equipment through which networks are run or maintained, the physical plant where the data or
network equipment is housed. The unauthorized access or unauthorized act of providing a third
party with access to, or the hacking into, data, networks, storage media where data is stored,
equipment through which networks are run or maintained, the physical plant where the data or
network equipment is housed shall be presumed to be malicious.

(b) Cracking, ~ It shall be unlawful for any unauthorized person to intentionally modify
or to crack data, networks, storage media where data is stored, equipment through which
networks are run or maintained, the physical plant where the data or network equipment is
housed, or for any unauthorized person to intentionally modify intellectual property published on
the Internet or on other networks. The unauthorized modification or cracking of data, networks,
storage media where data is stored, equipment through which networks are run or maintained,
the physical plant where the data or network equipment is housed, or unauthorized modification
of intellectual property published on the Internet or on other networks, shall be presumed to be
malicious.

(©) Phishing. —

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(i) It shall be unlawful for any unauthorized person to intentionally acquire or to

cause the unauthorized acqui

tion, or identity or data theft, or phishing of private data,
security information, or data or information used as proof of identity of another person.
‘The unauthorized acquisition or causing to acquire, or identity or data theft, or phishing
of private data, security information, or data or information used as proof of identity of
another person shall be presumed to be malicious.

(ii) Malicious disclosure of unwarranted or false information relative to any

personal inform

nor personal sensitive information obtained by him or her as defined

by Section 31 of the Data Privacy Act of 2012 (RA 10175) shall constitute phishing.

(d) Violation of Data Privacy Act in series or combination with hacking, cracking, or
phishing. ~ It shall be unlawful to perform acts in violation of the Data Privacy Act of 2012 (RA
10175) using a device, network equipment, or physical plant connected to the Internet, public
networks, private networks, or telecommunications facilities performed in series or combination

with acts prohibited by the preceding paragraphs.

SECTION 47. illegal and Arbitrary Seizure. — (a) legal Seizure. — It shall be unlawful
for any person to seize data, information, or contents of @ device, storage medium, network
equipment, or physical plant, or to seize any device, storage medium, network equipment, or
physical plant connected to the Internet or to telecommunications networks of another person
without his consent, or to gain possession or control of the intellectual property published on the
Intemet or on public networks of another person without his consent, except upon a final ruling
from the courts, issued following due notice and hearing.

(b) Aiding and Abetting Illegal Seizure. — It shall be unlawful for any person to aid or
abet the seizure of data, information, or contents of a device, storage medium, network
equipment, or physical plant, or to seize any device, storage medium, network equipment, or
physical plant connected to the Internet or to telecommunications networks of another person
without his consent, or to gain possession or control of the intellectual property published on the
Internet or on public networks of another person without his consent, except upon a final ruling

from the courts, issued following due notice and hearing, allowing the person to perform such

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seizure, possession, or control

(©) Arbitrary Seizure. ~ It shall be unlawful for any public officer or employee to seize
data, information, or contents of a device, storage medium, network equipment, or physical
plant, or to seize any device, storage medium, network equipment, or physical plant connected to
the Internet or to telecommunications networks, or to gain possession or control of intellectual

property published on the Intemet or on public networks,

ithout legal grounds.

(A) Instigating Arbitrary Seizure. ~ It shall be unlawful for any person to instruct a public
officer or employee to perform the seizure of data, information, or contents of a device, storage
medium, network equipment, or physical plant, or to seize any device, storage medium, network
equipment, or physical plant connected to the Internet or to telecommunications networks of

In oF control of the

another person without his consent, or to gain poss iellectual property
published on the Internet or on public networks of another person without his consent, except
upon a final ruling from the courts, issued following due notice and hearing, providing the

person with authority to perform such seizure, possession, or control and delegate the same to a

public officer or employee with the authority to perform such seizure, possession, or control.

SECTION 48. Infringement of Intellectual Property Rights. —
(a) Copyright infringement. —

(@ Subject to the Intellectual Property Code of the Philippines and the laws
governing fair use, it shall be unlawful for any person to publish or reproduce on the
Internet, in part or in whole, any content that he does not have any economic rights over,
‘or does not acknowledge and comply with the terms of copyright or license governing the
intellectual property rights enjoyed by the content being published or reproduced, or
falsely claims having intellectual property rights over the content he does not own.

ii) Non-attribution or plagiarism of copyleft content shall constitute infringement.

(iii) Non-attribution or plagiarism of free license or public domain content shall
constitute infringement, but shall not be subject to damages.

(iv) Subject to the Intellectual Property Code of the Philippines and the laws

governing fair use, it shall be unlawful for any person to reverse-engineer any whole or

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part of any computer program, software, code, or script, whether or not executable, that is
the subject of a copyright, and that he does not have any property rights over, or does not
acknowledge and comply with the terms of copyright or license governing the intellectual
property rights enjoyed by the computer program being reverse-engineered.

(b) Piracy. - Subject to the Intellectual Property Code of the Philippines, it shall be
unlawful for any person to publish and reproduce, with intent to profit, on the Internet or on or
through information and communications technologies, in part or in whole, any content, or
computer program, software, code, or script, whether or not executable, that he does not have
any property rights over.

(©) Cybersquatting. — Subject to the Intellectual Property Code of the Philippines and
other relevant laws, and the Uniform Domain Name Dispute Resolution Policy of the Intemet
Corporation for Assigned Names and Numbers (ICANN) or any policy of ICANN or suecessor-
in-interest superseding it, it shall be unlawful for any person to register or otherwise acquire, in
bad faith to profit or to damage, a domain name that is:

(i) Similar, identical, or confusingly similar to an existing trademark registered

with the appropriate government agency at the time of the domain name registration; or

ir with the name of a person other than the

Identical or in any way
registrant, in case of a personal name.

(d) Unreasonable restriction of device privileges. — Subject to Section 6 of this Act, it

shall be unlawful for any person engaged in the wholesale or retail of devices or equipment to,
by physical, electronic, or any other means, provide unreasonable restrictions on a device or

equipment.

SECTION 49, Fraud via ICT. — It shall be unlawful for any person who knowingly by
means of a device, equipment, or physical plant connected to the Internet, to telecommunications
networks, a network of a government agency, the government network, a private network or any
protected computer or device, or in connivance with a third party with access to the same, shall
use the Internet, telecommunications networks, private networks, or government networks for the

purpose of deceiving or defrauding another of money, goods, or property, or to do the same by or

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through exceeding authorized access.

SECTION 50. ICT-Enabled Prostitution and ICT-Enabled Trafficking in Persons. ~ (a)
ICT-Enabled Prostitution. ~ It shall be unlawful for any person who, by means of a device,
equipment, or physical plant connected to the Internet or to telecommunications networks, or in
connivance with a third party with access to the same, shall use the Internet or
telecommunications networks for the purpose of enabling the exchange of money or

consideration for services of a sexual or las

ious nature, or facilitating the performance of such
services; Provided, the services shall be performed by one or more unwilling third-party adults
under threat or duress.

(b) ICT-Enabled Trafficking in Persons. —

{i) The performance of acts prohibited by Section 5 of R.A. No. 9208, or the
“Anti-Trafficking in Persons Act of 2003,” as amended, by means of a device, storage
medium, network equipment, or physical plant connected to the Internet or to
telecommunications networks shall be deemed unlawful.

(ii) The commission of acts prohibited by the Anti-Trafficking in Persons Act of
2003, as amended, through or using devices, equipment, or physical plants connected to

the Internet or to telecommunications networks shall be penalized by the applicable

provisions of the Anti-Trafficking in Persons Act of 2003, as amended.

i) The Anti-Trafficking in Persons Act of 2003, Section 5 (c) shall be amended
to read:
“Section 5. Acts that Promote Trafficking in Persons, — The following acts
which promote or facilitate trafficking in persons, shall be unlawful:
XXX XXX XXX,
(©) To advertise, publish, print, broadcast or distribute, or cause the

advertisement, publication, printing, broadcasting or distribution by any means,

including the use of information AND COMMUNICATIONS technology and
the Internet, of any brochure, flyer, or any propaganda material that promotes
trafficking in persons, OR TO KNOWINGLY, WILLFULLY AND

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INTENTIONALLY PROVIDE DEVICES, EQUIPMENT, OR PHYSICAL
PLANTS CONNECTED TO THE INTERNET OR TO
TELECOMMUNICATIONS NETWORKS, WITH THE PRIMARY

PURPOSE OF PROMOTING TRAFFICKING IN PERSONS; xxx.”

SECTION 51. ICT-Enabled Child Prostitution and ICT-Enabled Child Trafficking. —
(a) ICT-Enabled Child Prostitution. -

(i) The performance of acts prohibited by Sections 5 and 7 of R.A. No. 7610, or
the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,”
as amended, by means of a device, storage medium, network equipment, or physical plant
connected to the Internet or to telecommunications networks shall be deemed unlawful.

(ii) The Special Protection of Children Against Abuse, Exploitation and
Discrimination Act, Section 5, paragraphs (a) 2 and (c) shall be amended to read:

“Section 5. Child Prostitution and Other Sexual Abuse. ~

XXX XXX ARK

(2) Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means; OR TO KNOWINGLY,
WILLFULLY AND INTENTIONALLY PROVIDE DEVICES,
EQUIPMENT, OR PHYSICAL PLANTS CONNECTED TO THE
INTERNET OR TO TELECOMMUNICATIONS NETWORKS WITH THE
PRIMARY PURPOSE OF INDUCING A PERSON TO BE A CLIENT OF
A CHILD PROSTITUTE OR THROUGH THE CONNIVANCE WITH A
THIRD PARTY WITH ACCESS TO THE SAME INDUCE A PERSON TO
BE A CLIENT OF A CHILD PROSTITUTE;

XOX XXX OK

(©) Those who derive profit or advantage therefrom, whether as manager
or owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover or

which engages in prostitution in addition to the activity for which the license has

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been issued to said establishment; OR THOSE WHO DERIVE PROFIT OR
ADVANTAGE THEREFROM, WHETHER AS AUTHOR,
ADMINISTRATOR, OR AUTHORIZED USER OF THE DEVICE,
EQUIPMENT, NETWORK, PHYSICAL PLANT, OR WEBSITE
CONNECTED TO THE INTERNET OR TO TELECOMMUNICATIONS
NETWORKS CREATED OR ESTABLISHED WITH THE PURPOSE OF

INDUCING A PERSON TO ENGAGE IN CHILD PROSTITUTION. xxx”

(b) ICT-Enabled Child Trafficking. —

(i) The Special Protection of Children Against Abuse, Exploitation and
Discrimination Act, Section 7 shall be amended to read:

“Section 7. Child Trafficking. — Any person who shall engage in trading
and dealing with children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration, or barter, OR TO
KNOWINGLY, WILLFULLY AND INTENTIONALLY PROVIDE
DEVICES, EQUIPMENT, OR PHYSICAL PLANTS CONNECTED TO
THE INTERNET OR TO TELECOMMUNICATIONS NETWORKS, OR
THROUGH THE CONNIVANCE WITH A THIRD PARTY WITH
ACCESS TO THE SAME, FOR THE PRIMARY PURPOSE OF SUCH
TRADING AND DEALING WITH CHILDREN, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.”

(ii) The commission of acts prohibited by the Special Protection of Children
‘Against Abuse, Exploitation and Discrimination Act through or using devices,
equipment, or physical plants connected to the Internet or to telecommunications
networks shall be penalized by the applicable provisions of the Special Protection of

Children Against Abuse, Exploitation and Discrimination Act.

SECTION 52. Internet Libel, Hate Speech, Child Pornography, and Other Expression

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Inimical to the Public Interest. ~

(a) Internet libel. ~

(i) Internet libel is a public and malicious expression tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory
of one who is dead, made on the Internet or on public networks.

(i) Malice as an essential element of intemet libel. ~ Internet libel shall not lie if
malice or intent to injure is not present.

(iii) Positive identification of the subject as an essential element of internet libel. —
Intemet libel shall not lie if the public and malicious expression does not explicitly
identify the person who is the subject of the expression, except if the content of the
expression is sufficient for positive and unequivocal identification of the subject of the
expression.

(iv) Truth as a defense. — Internet libel shall not lie if the content of the expression

is proven to be true, or if the expression is made on the basis of published reports

presumed to be true, or if the content is intended to be humorous or satirical in nature,
except if the content has been adjudged as unlawful or offensive in nature in accordance
with existing jurisprudence.
(v) Exceptions to internet libel, - The following acts shall not constitute internet
libel:
(1) Expressions of protest against the government, or against foreign

governments;

(2) Expressions of dissatisfaction with the government, its agencies or

instrumentalities, or

officials or agents, or with those of foreign governments;

(3) Expressions of dissatisfaction with non-government organizations,
unions, associations, political parties, religious groups, and public figures;

(4) Expressions of dissatisfaction with the products or services of
commercial entities;

(5) Expressions of dissatisfaction with commercial entities, or their

officers or agents, as related to the products or services that the commercial

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entities provide;
(©) Expressions of a commercial entity that are designed to discredit the

products or services of a competitor, even if the competitor is explicitly identified;

(7) An expression made with the intention of remaining private between
persons able to access or view the expression, even if the expression is later
released to the public; and,

(8) A fair and true report, made in good faith,

ithout any comments or
remarks, of any judicial, legislative or other official proceedings, or of any
statement, report or speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions, or of any matter of
public interest.

(b) Intemet hate speech. —

(i) Internet hate speech is a public and malicious expression calling for the
commission of illegal acts on an entire class of persons, a reasonably broad section
thereof, or a person belonging to such a class, based on gender, sexual orientation,
religious belief or affiliation, political belief or affiliation, ethnic or regional affiliation,
citizenship, or nationality, made on the Intemet or on public networks.

(ii) Call for the commission of illegal acts as an essential element for internet hate
speech. — Internet hate speech shall not lie if the expression does not call for the
commission of illegal acts on the person or class of persons that, when they are done,
shall cause actual criminal harm to the person or class of persons, under existing law.

(ii) Imminent lawless danger as an essential element for internet hate speech. ~
Internet hate speech shall not lie if the expression does not call for the commission of
illegal acts posing an immediate lawless danger to the public or to the person who is the
object of the expression.

(©) Internet child pornography. —

(i) The performance of acts prohibited by Sections 4 and 5 of R.A. No. 9775, or

the Anti-Child Pornography Act of 2009, by means of a device, storage medium, network

‘equipment, or physical plant connected to the Internet or to telecommunications networks

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shall be deemed unlawful.

ii) The commission of acts prohibited by the Anti-Child Pornography Act of
2009 through or using devices, equipment, or physical plants connected to the Internet or
to telecommunications networks shall be penalized by the applicable provisions of the
Anti-Child Pornography Act of 2009.

6

amended to read:

‘The Anti-Child Pornography Act of 2009, Sections 4 (e) and (f) shall be

“(e) To knowingly, willfully and intentionally provide a venue for the
commission of prohibited acts as, but not limited to, dens, private rooms, cubicles,
cinemas, houses or in establishments purporting to be a legitimate business; OR
TO KNOWINGLY, WILLFULLY AND INTENTIONALLY PROVIDE
DEVICES, EQUIPMENT, OR PHYSICAL PLANTS CONNECTED TO
THE INTERNET OR TO TELECOMMUNICATIONS NETWORKS FOR
THE PRIMARY PURPOSE OF PUBLICATION, OFFERING,
PRODUCTION, SELLING, DISTRIBUTION, BROADCASTING,
EXPORT, OR IMPORTATION OF CHILD PORNOGRAPHY;

(8) For film distributors, theaters, INTERNET SERVICE PROVIDERS,
and telecommunication companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography; xxx”

(4) Internet child abuse. ~

(i) The performance of acts prohibited by Section 9 of the Special Protection of
Children Against Abuse, Exploitation and Discrimination Act, by means of a device,
storage medium, network equipment, or physical plant connected to the Internet or to
telecommunications networks shall be deemed unlawful.

(i) The commission of acts prohibited by the Special Protection of Children
Against Abuse, Exploitation and Discrimination Act, through or using devices,
equipment, or physical plants connected to the Intemet or to telecommunications
networks shall be penalized by the applicable provisions of the Special Protection of
Children Against Abuse, Exploitation and Discrimination Act.

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(ii) ‘The Special Protection of Children Against Abuse, Exploitation and
Discrimination Act, Section 9 shall be amended to read:

“Section 9. Obscene Publications and Indecent Shows. ~ Any person who
shall hire, employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live, in video, or through the Internet or
telecommunications networks, or model in obscene publications or pomographic
materials or to sell or distribute or CAUSE THE PUBLICATION IN THE
INTERNET OR THROUGH TELECOMMUNICATIONS NETWORKS the
said materials shall suffer the penalty of prision mayor in its medium period. xxx”
(©) Expression inimical to the public interest. —

(i) Except upon a final ruling from the courts, issued following due notice or
hearing, no expression made on the Internet or on public networks that is not defined in
this section shall be deemed unlawful and inimical to the public interest.

Gi) Imminent lawless danger as an essential element of expression inimical to

public interest. - No expression shall be deemed i

imical to the public interest if the

expression does not call for the commission of illegal acts posing an immediate lawless

danger to the public.

SECTION 53. Sabotage of Critical Networks and Infrastructure, Acts of Cyberterrorism,
and Cyberespionage. ~

(a) Sabotage of critical networks and infrastructure. — The commission of acts prohibited
by Section 42 (Network Sabotage), Section 44 (Violation of Data Privacy), Section 45 (Violation
of Data Security), and Section 46 (Illegal and Arbitrary Seizure of ICT), shall be penalized one

degree higher; Provided, the offense was committed against critical data, network, Intemet, or

telecommunications infrastructure, whether publicly or privately owned.
(b) Cyberterrorism. —

(i The performance of acts prohibited by Sections 3, 4, 5, and 6 of the Human
Security Act of 2007 (RA9732); and Sections 4, 5, 6, and 7 of the Terrorism Financing,
Prevention and Suppression Act of 2012 (RA 10168), or the by means of a device,

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storage medium, network equipment, or physical plant connected to the Internet or to
telecommunications networks shall be deemed unlawful.

(ii) The commission of acts prohibited by the Human Security Act of 2007,
through or using devices, equipment, or physical plants connected to the Intemet or to

telecommunications networks shall be penalized by the applicable provisions of the

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Human Security Act of 2007.

(iii) The Human Security Act of 2007, Section 3 shall be amended to read:

“Section 3. Terrorism. — Any person who commits an act punishable
under any of the following provisions of the Revised Penal Code:

XXX XXX 0K

6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws
‘on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives); and,

7. SECTION 25 (NETWORK SABOTAGE), SECTION 27
(VIOLATION OF DATA PRIVACY), AND SECTION 28 (VIOLATION OF
DATA SECURITY) OF THE MAGNA CARTA FOR PHILIPPINE
INTERNET FREEDOM COMMITTED AGAINST CRITICAL DATA,
NETWORK, INTERNET, © OR TELECOMMUNICATIONS
INFRASTRUCTURE, WHETHER PUBLICLY OR PRIVATELY OWNED,
xxx”

(©) ICT-Enabled Financing of Terrorism. ~

(i) The commission of acts prohibited by the Terrorism Financing Prevention and
Suppression Act of 2012, through or using devices, equipment, or physical plants
connected to the Internet or to telecommunications networks shall be penalized by the

applicable provisions of the Terrorism Financing Prevention and Suppression Act of

2012.

(ji) The Terrorism Financing Prevention and Suppression Act of 2012, Section 4

shall be amended to read:
“Section 4. Financing of Terrorism. —

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XXX XXX XAX

Any person who organizes or directs others to commit financing of
terrorism under the immediately preceding paragraph shall likewise be guilty of
an offense and shall suffer the same penalty as herein prescribed.

ANY PERSON WHO, BY MEANS OF A DEVICE, STORAGE
MEDIUM, NETWORK EQUIPMENT, OR PHYSICAL PLANT
CONNECTED TO THE INTERNET OR TO TELECOMMUNICATIONS
NETWORKS, OR IN CONNIVANCE WITH A THIRD PARTY WITH
ACCESS TO THE SAME, SHALL KNOWINGLY, WILLFULLY, AND
INTENTIONALLY FACILITATE THE ORGANIZATION OR
DIRECTION OF OTHERS TO COMMIT THE FINANCING OF
TERRORISM UNDER THE PRECEDING PARAGRAPHS SHALL
LIKEWISE BE GUILTY OF AN OFFENSE AND SHALL SUFFER THE
SAME PENALTY AS HEREIN PRESCRIBED. xxx”

(d) Cyber-espionage. — The Penal Code, Article 117 shall be amended to read:

“Art. 117. Espionage. — The penalty of prision correccional shall be
inflicted upon any person who:

XXX XXX XAK

2, WITHOUT AUTHORITY THEREFOR, OR EXCEEDING THE
AUTHORITY GRANTED BY THE STATE, AND BY MEANS OF A
DEVICE, EQUIPMENT, OR PHYSICAL PLANT CONNECTED TO THE
INTERNET, TO TELECOMMUNICATIONS NETWORKS, A NETWORK
OF THE STATE, A PRIVATE NETWORK, OR ANY PROTECTED
DEVICE, COMPUTER, SYSTEM, OR NETWORK, OR IN CONNIVANCE
WITH A THIRD PARTY WITH ACCESS TO THE SAME, SHALL USE
THE INTERNET, | TELECOMMUNICATIONS — NETWORKS,
NETWORKS OF THE STATE, OR PRIVATE NETWORKS TO OBTAIN
ANY DATA OR INFORMATION OF A CONFIDENTIAL NATURE

RELATIVE TO THE DEFENSE OF THE PHILIPPINES OR ANY DATA

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OR INFORMATION CLASSIFIED BY LAW AS STATE SECRETS; OR
3. Being in possession, by reason of the public office he holds, of the

articles, data, or information referred to in the prec

1B paragraphs, discloses
their contents to a representative of a foreign nation OR HOSTILE NON-

STATE ACTOR. xxx”

Part 7, National Cybersecurity, Cyberdefense, Counter-Cyberterrorism, and

Counter-Cyberespionage

SECTION 54. Cyberwarfare and National Defense. ~ (a) It shall be unlawful for any
person, or military or civilian agency, or instrumentality of the State to initiate a cyberattack
against any foreign nation, except in the event of a declaration of a state of war with the foreign
nation.

(b) Subject to the Geneva Convention, the Hague Convention, the United Nations
Convention on Certain Conventional Weapons, other international treaties and conventions
governing the conduct of warfare, Philippine law, and on authority by the President of the
Philippines or by his designated officers, an authorized person or military agency may engage in
cyberdefense in defense of the Filipino people, territory, economy, and vital infrastructure in the
event of a cyberattack by a foreign nation, enemy violent non-state actor, insurgent group, or

terri

organization.
(c) Any person who initiates an unauthorized and unlawful cyberattack against a foreign
nation shall be prosecuted under Commonwealth Act 408, as amended, or applicable military

law, without prejudice to criminal and civil prosecution.

SECTION 55. National Cybersecurity and Protection of Government Information and
‘Communications Technology Infrastructure. (a) The Secretary of National Defense shall
assist the President in the protection and conduct of the national cybersecurity, and the conduct
of cyberdefense and the protection of national government information and communications

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(b) The Armed Forces of the Philippines shall be tasked with ensuring the physical and
network security of critical goverment and military information and communications
infrastructure. The Philippine National Police shall assist private and public owners, operators,
and maintainers in ensuring the physical and network security of critical information and
‘communications infrastructure,

(©) Local government units shall be responsible for cyberdefense within their jurisdiction.
‘The Secretary of the Interior and Local Government, with the assistance of the Secretary of

National Defense, shall be assist local government units in the development of plans, po!

ies,
programs, measures, and mechanisms for cybersecurity and cyberdefense of at the local
government level and the protection of local government systems, networks, and information and
communications technology infrastructure.

(d) When national interest and public safety so require, and subject to the approval of
Congress in a special session called for the purpose, the President may be granted the authority
to direct the cyberdefense and cybersecurity of local government units; Provided, that Congress

may not grant such authority for a period longer than 90 days.

SECTION 56. Amendments to the AFP Modernization Act.- The Armed Forces of
the Philippines Modernization Act (RA 7898), Section 5 shall be amended to read:

“Section 5. Development of AFP Capabilities. - The AFP modernization
program shall be geared towards the development of the following defense
capabilities:

RAK XXX XH

(d) Development of eyberdefense capability. — [The modernization of the
AFP further requires the development of the general headquarters capabilities for
command, control, communications, and information systems network] THE
PHILIPPINE AIR FORCE (PAF), BEING THE COUNTRY’S FIRST LINE
OF EXTERNAL DEFENSE, SHALL DEVELOP ITS CYBERDEFENSE
CAPABILITY, THE CYBERDEFENSE CAPABILITY SHALL ENABLE

THE AFP TO:


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(1) DETECT, IDENTIFY, INTERCEPT AND ENGAGE, IF
NECESSARY, ANY ATTEMPTED OR ACTUAL PENETRATION OR
CYBERATTACK OF PHILIPPINE GOVERNMENT INFORMATION
AND COMMUNICATIONS TECHNOLOGY INFRASTRUCTURE, AS
WELL AS CRITICAL INFORMATION AND COMMUNICATIONS
TECHNOLOGY INFRASTRUCTURE = WITHIN _— PHILIPPINE
JURISDICTION;

@) PROVIDE CYBERDEFENSE SUPPORT TO PHILIPPINE
ARMED FORCES AND POLICE FORCES, AND;

(3) PROVIDE, AND IF PRACTICABLE, INVENT OR INNOVATE,
THROUGH FILIPINO SKILLS AND TECHNOLOGY, ITS OWN
REQUIREMENTS FOR NATIONAL CYBERDEFENSE.

(E) DEVELOPMENT OF CYBERINTELLIGENCE CAPABILITY.
- THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE
PHILIPPINES (ISAFP) OR ITS SUCCESSOR SERVICE, SHALL
DEVELOP ITS CYBERINTELLIGENCE CAPABILITY. THE
CYBERINTELLIGENCE CAPABILITY SHALL ENABLE THE AFP TO:

(1) DETECT ANY THREAT AGAINST PHILIPPINE
GOVERNMENT INFORMATION AND COMMUNICATIONS
TECHNOLOGY INFRASTRUCTURE, AS WELL AS CRITICAL
INFORMATION AND COMMUNICATIONS TECHNOLOGY
INFRASTRUCTURE WITHIN PHILIPPINE JURISDICTION, AND
IDENTIFY THE SOURCE OF THE THREAT, WHETHER HOSTILE
NATION-STATES, NON-STATE ACTORS, CYBERTERRORISTS, OR
CRIMINALS;

@) PROVIDE CYBERINTELLIGENCE SUPPORT TO
PHILIPPINE ARMED FORCES AND POLICE FORCES, AND;

(3) PROVIDE, AND IF PRACTICABLE, INVENT OR INNOVATE,
THROUGH FILIPINO SKILLS AND TECHNOLOGY, ITS OWN

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REQUIREMENTS FOR NATIONAL CYBERINTELLIGENCE.

(fF) DEVELOPMENT OF GOVERNMENT AND MILITARY
INFORMATION AND COMMUNICATIONS TECHNOLOGY
INFRASTRUCTURE HARDENED AGAINST CYBERATTACK. — THE
COMMUNICATIONS, ELECTRONICS AND INFORMATION SYSTEM
SERVICE, ARMED FORCES OF THE PHILIPPINES (CEISSAFP) OR
ITS SUCCESSOR SERVICE, SHALL CONTINUALLY ENSURE THAT
GOVERNMENT AND MILITARY INFORMATION — AND
COMMUNICATIONS TECHNOLOGY INFRASTRUCTURE ARE

HARDENED AGAINST CYBERATTACK. xxx"

SECTION 57. Counter-Cyberterrorism. — (a) The PI

ippine National Police, supported
by applicable military, law enforcement, and government services, offices, and agencies, shall be
the lead law enforcement agency responsible for plans, policies, programs, measures, and
mechanisms to detect, identify, and prevent cyberterrorist attacks on Philippine government
information and communications technology infrastructure, as well as publicly- and privately-
‘owned information and communications technology infrastructure within Philippine jurisdiction,
and the detection, identification, pursuit, apprehension, and the gathering of evidence leading to
the conviction of persons committing cyberterrorism.

(b) The National Bureau of Investi

tion, supported by applicable military, law

enforcement, and government services, offices, and agencies, shall be the lead law enforcement

agency responsible for plans, policies, programs, measures, and mechanisms to detect, identify,
and prevent transnational cyberterrorist attacks on Philippine government information and
‘communications technology infrastructure, as well as publicly- and privately-owned information
and communications technology infrastructure within Philippine jurisdiction.

(c) Subject to the provisions of an existing treaty to which the Philippines is a signatory
and to any contrary provision of any law of preferential application, and subject to the
concurrence of the Secretary of Justice and the Secretary of Foreign Affairs, the Director of the

National Bureau of Investigation may cooperate with or request the cooperation of foreign or

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international law enforcement agencies in the detection, identification, pursuit, apprehension, and
the gathering of evidence leading to the conviction of persons who, although physically outside

the territorial limits of the Philippines, have committed or are attempting to commit acts of

cyberterrorism within Philippine jurisdiction.

SECTION 58. Counter-Cyberespionage. ~ (a) The National Intelligence Coordinating
Agency, supported by applicable military, law enforcement, and government services, offices,
and agencies, shall be the lead agency responsible for plans, policies, programs, measures, and
‘mechanisms to detect, identify, and prevent cyberespionage attempts and incidents.

(b) The National Bureau of Investigation, supported by applicable military, law
enforcement, and goverment services, offices, and agencies, shall be the lead agency
responsible for detection, identification, pursuit, apprehension, and the gathering of evidence

leading to the conviction of persons committing cyberespionage.

Part 8. Penalties

SECTION 59. Applicability of the Penal Code and other special laws. ~ Nomenclature
notwithstanding, the provisions of Book | of the Penal Code shall apply suppletorily to the
provisions of this Act, whenever applicable.

The provisions of special laws shall apply as provided for by this Act.

SECTION 60. Penalties For Specific Violations of The Magna Carta for Philippine
Internet Freedom. ~ The following penalties shall be imposed for specific violations of this Act:

(a) Violation of Section 42 (a) (Direct network sabotage) shall be punished with
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos
(P500,000.00), or both.

(b) Violation of Section 42 (b) (Indirect network sabotage) shall be punished with
imprisonment of prision correccional in its medium periodor a fine of not more than three
hundred thousand pesos (P300,000.00), or both.

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(©) Violation of Section 43 (a) (Failure to provide security) shall be punished with
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos
(P500,000.00), or both.

(4) Violation of Section 43 (b) (Negligent failure to provide security) shall be punished
with imprisonment of prision correccional or a fine of not more than Five hundred thousand
pesos (P500,000.00), or both.

(e) Violation of Section 44 (a) (Unauthorized access) shall be punished with
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (PS00,000.00) but not more than Two million pesos (P2,000,000.00)

(Violation of Section 44 (b) (Unauthorized modification) shall be punished with
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (PS00,000.00) but not more than Two million pesos (P2,000,000.00).

(g) Violation of Section 44 (c) (Unauthorized granting of privileges) shall be punished
with imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (PS00,000.00) but not more than Two million pesos (P2,000,000.00).

(h) Violation of Section 44 (d) (Unauthorized disclosure) shall be punished with
imprisonment ranging from three (3) years to five (5) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00)

(i) Violations of the Section 44 (¢) (Violation of Data Privacy Act through ICT) —

(i) Violation of Section 25 (a) of the Data Privacy Act (Unauthorized Processing
of Personal Information) through ICT shall be punished with imprisonment ranging from
cone (1) year to three (3) years and a fine of not fess than Five hundred thousand pesos
(P500,000.00) but not more than Two million pesos (P2,000,000.00).

(ii) Violation of Section 25 (b) of the Data Privacy Act (Unauthorized Processing.
of Sensitive Personal Information) through ICT shall be punished with imprisonment
ranging from three (3) years to six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000,00) but not more than Four million pesos (P4,000,000.00).

(iii) Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal
Information Due to Negligence) through ICT shall be punished with imprisonment

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ranging from one (1) year to three (3) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00).

(iv) Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive
Personal Information Due to Negligence) through ICT shall be punished with
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five

hundred thousand pesos (P500,000.00) but not more than Four mi

(P4,000,000.00).

(¥) Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of
Personal Information) through ICT shall be punished with imprisonment ranging from six
(6) months to two (2) years and a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00).

(vi) Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of
Sensitive Personal Information) through ICT shall be punished with imprisonment
ranging from one (1) year to three (3) years and a fine of not less than One hundred
thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00).

(vii) Violation of Section 28 (a) of the Data Privacy Act (Processing of Personal
Information for Unauthorized Purposes) through ICT shall be punished with
imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00).

(viii) Violation of Section 28 (b) of the Data Privacy Act (Processing of Sensitive
Personal Information for Unauthorized Purposes) through ICT shall be punished with
imprisonment ranging from two (2) years to seven (7) years and a fine of not less than
Five hundred thousand pesos (PS00,000.00) but not more than Two million pesos
(P2,000,000.00).

(ix) Violation of Section 30 of the Data Privacy Act (Concealment of Security
Breaches Involving Sensitive Personal Information) through ICT shall be punished with
imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more than One million pesos

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(P1,000,000.00).

(x) Violation of Section 33 of the Data Privacy Act (Combination or Series of
Acts) through ICT shail be punished with imprisonment ranging from three (3) years to
six (6) years and a fine of not less than One million pesos (P1,000,000.00) but not more
than Five million pesos (P5,000,000.00).

i) Violation of Section 45 (a) (Hacking) shall be punished with imprisonment ranging
from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(500,000.00) but not more than Two million pesos (P2,000,000.00).

(k) Violation of Section 45 (b) (Cracking) shall be punished with imprisonment ranging
from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(P500,000,00) but not more than Two million pesos (P2,000,000.00).

(1) Violation of Section 45 (c) (Phishing) shall be punished with imprisonment ranging
from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00).

(m) Violation of Section 45 (d) (Violation of Data Privacy Act with hacking, cracking, or
phishing) —

(i) Violation of Section 25 (a) of the Data Privacy Act (Unauthorized Processing
of Personal Information) with hacking, cracking, or phishing shall be punished with
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than Two million pesos
(P2,000,000.00).

(ii) Violation of Section 25 (b) of the Data Privacy Act (Unauthorized Processing

of Sensitive Personal Information) with hacking, cracking, or phishing shall be punished
with imprisonment ranging from three (3) years to six (6) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) but not more than Four million pesos
(P4,000,000.00).

(iii) Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal

Information Due to Negligence) with hacking, cracking, or phishing shall be punished
with imprisonment ranging from one (1) year to three (3) years and a fine of not less than

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Five hundred thousand pesos (P500,000.00) but not more than Two

(P2,000,000.00).
(iv) Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive
Personal Information Due to Negligence) with hacking, cracking, or phishing shall be

punished with imprisonment ranging from three (3) years to six (6) years and a fine of not

less than Five hundred thousand pesos (P500,000.00) but not more than Four mi
pesos (P4,000,000.00)..

(¥) Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of
Personal Information) with hacking, cracking, or phishing shall be punished with
imprisonment ranging from six (6) months to two (2) years and a fine of not less than
‘One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand
pesos (P500,000.00).

(vi) Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of
Sensitive Personal Information) with hacking, cracking, or phishing shall be punished
with imprisonment ranging from one (1) year to three (3) years and a fine of not less than
One hundred thousand pesos (P100,000.00) but not more than One million pesos
(P1,000,000.00).

(vii) Violation of Section 28 (a) of the Data Privacy Act (Processing of Personal
Information for Unauthorized Purposes) with hacking, cracking, or phishing shall be
punished with imprisonment ranging from one (1) year and six (6) months to five (5)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00).

(viii) Violation of Section 28 (b) of the Data Privacy Act (Processing of Sensitive
Personal Information for Unauthorized Purposes) with hacking, cracking, or phishing
shail be punished with imprisonment ranging from two (2) years to seven (7) years and a
fine of not less than Five hundred thousand pesos (PS00,000.00) but not more than Two
million pesos (P2,000,000.00).

(ix) Violation of Section 30 of the Data Privacy Act (Concealment of Security
Breaches Involving Sensitive Personal Information) with hacking, cracking, or phishing

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shall be punished with imy

ynment of one (1) year and six (6) months to five (5) years

and a fine of not less than Five hundred thousand pesos (PS00,000.00) but not more than

‘One million pesos (P1,000,000.00).
(x) Violation of Section 33 of the Data Privacy Act (Combination or Series of

Acts) with hacking, cracking, or phishing shall be punished with imprisonment ranging

from three (3) years to six (6) years and a fine of not less than One million pesos

(Phpi,000,000.00) but not more than Five million pesos (P5,000,000.00),

(n) Violation of Section 46 (a) (Illegal seizure of ICT) shall be punished with
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos
(P500,000.00), or both.

(0) Violation of Section 46 (b) (Aiding and abetting illegal seizure of ICT) shall be
punished with imprisonment of prision correccional in its minimum period or a fine of not more
than Four hundred thousand pesos (P400,000.00), or both.

(p) Violation of Section 46 (c) (Arbitrary seizure of ICT) shall be punished with

imprisonment of prision correccional in its maximum period or a fine of not more than

hundred thousand pesos (P500,000.00), or both.
(q) Violation of Section 46 (4) (Instigating arbitrary seizure of ICT) shall be punished
with imprisonment of prision correccional or a fine of not more than Five hundred thousand

pesos (P500,000.00), or both.

(®) Violation of Section 47 (a) (i) (Copyright infringement) — Any person inft
copyright shall be liable to pay to the copyright proprietor or his assigns or heirs such actual
damages, including legal costs and other expenses, as he may have incurred due to the
infringement as well as the profits the infringer may have made due to such infringement, and in
proving profits the plaintiff shall be required to prove sales only and the defendant shall be
required to prove every element of cost which he claims, or, in lieu of actual damages and
profits, such damages which to the court shall appear to be just and shall not be regarded as
penalty.

(8) Violation of Section 47 (a) (ii) (Plagiarism of copyleft) ~ The same penalty for a
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this

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Section.

(t) Violation of Section 47 (a) (iii) (Plagiarism of public domain content) — While this
constitutes infringement, it shall not be subject to the payment of damages or to any other
penalty.

(u) Violation of Section 47 (a) (iv) (Reverse engineering) ~ The same penalty for a
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this
Section.

(v) Violation of Section 47 (b) (Piracy through ICT) — The same penalty for a violation of
Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this Section.

(w) Violation of Section 47 (c) (Cybersquatting) — The same penalty for a violation of
Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this Section.

(x) Violation of Section 47 (4) (Unreasonable restriction of device privileges) shall be
punished with a fine of not less than one hundred thousand pesos (P100,000.00) or more than
two million pesos (P2,000,000.00).

{y) Violation of Section 48 (Fraud via ICT) shall be punished with imprisonment of
prision correccional ot a fine of at least Two hundred thousand pesos (P200,000.00) up to a

maximum amount that is double the amount of damage incurred, whichever er, or both

imprisonment and fine.

(2) Violation of Section 49 (a) (ICT-enabled prostitution) shall be punished with
imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (P200,000.00)
up to a maximum amount of Five hundred thousand pesos (P500,000.00), or both.

(aa) Violation of Section 49 (b) (ICT-enabled trafficking in persons) —

) Violation of Section 4 of the Anti-Trafficking in Persons Act of 2003 through

ICT shall be punished with imprisonment of twenty (20) years and a fine of not less than

One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00).

(i) Violation of Section 5 of the Anti-Trafficking in Persons Act of 2003 through

ICT shall be punished wi

jprisonment of fifteen (15) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) but not more than One million pesos

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Violation of Section 6 of the Anti-Trafficking in Persons Act of 2003 through

ICT shall be punished with imprisonment of twenty (20) years and a fine of not less than
Two million pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00).

(iv) Violation of Section 7 of the Anti-Trafficking in Persons Act of 2003 through

ICT shall be punished with imprisonment of six (6) years and a fine of not less than Five

hundred thousand pesos (P500,000.00) but not more than One million pesos

(P1,000,000.00).

(ab) Violation of Section 50 (a) (ICT-enabled child prostitution) — Violation of Section 5
of the Special Protection of Children Against Abuse, Exploitation and Discrimination Act
through ICT shall be punished with reclusion temporal in its medium period to reclusion
perpetua.

(ac) Violation of Section 50 (b) (ICT-enabled child trafficking) ~ Violation of Section 7
of the Special Protection of Children Against Abuse, Exploitation and Discrimination Act
through ICT shall be punished with reclusion temporal to reclusion perpetua. The penalty shall
bbe imposed in its maximum period when the victim is under twelve (12) years of age

{ad) Violation of Section 51 (a) (Internet libel) - This shall only give rise to civil liability

and the amount shall be commensurate to the damages suffered.

(ae) Violation of Section 51 (b) (Internet hate speech) ~ This shall only give rise to civil
liability and the amount shall be commensurate to the damages suffered.

(af) Violation of Section 51 (c) (Internet child pornography) — Violation of the Anti-Child
Pornography Act through ICT shall be punished according to the provisions of Section 15 of the
‘Anti-Child Pornography Act of 2009 (RA 9775).

(ag) Violation of Section 51 (4) (Intemet child abuse) — Violation of Section 9 of the
Special Protection of Children Against Abuse, Exploitation and Discrimination Act through ICT
shall be punished with imprisonment of prision mayor in its medium period. If the child used as
a performer, subject, or seller/ distributor is below twelve (12) years of age, the penalty shall be
imposed in its maximum period.

(ah) Violation of Section 51 (e) (Internet expression inimical to the public interest) — This

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shall only give rise to civil liability and the amount shall be commensurate to the damages
caused by the Internet expression.

(ai) Violation of Section 52 (b) (Cyberterrorism) — The comi

mn of acts prohibited by
the Human Security Act of 2007 through or using devices, equipment, or physical plants
connected to the Internet or to telecommunications networks shall be penalized by the applicable
provisions of the Human Security Act of 2007.

(aj) Violation of Section 52 (c) (ICT-enabled financing of terrorism) — The commission
of acts prohibited by the Terrorism Financing Prevention and Suppression Act of 2012 through
or using devices, equipment, or physical plants connected to the Intemet or to

telecommunications networks shall be penalized by the applicable provisions of the Terrorism

ancing Prevention and Suppression Act of 2012.

(ak) Violation of Section 52 (4) (Cyberespionage) — The commission of acts prohibited
by Article 117 of the Penal Code through or using devices, equipment, or physical plants
connected to the Internet or to telecommunications networks shall be penalized by the applicable

provisions of the Penal Code.

SECTION 61. Penalties for Violations of the Magna Carta for Philippine Internet
Freedom Affecting Critical Networks and Infrastructure. ~ As prescribed by Section 52 (a) of

this Act, a penalty one degree higher shall be imposed on the specific violations of the Magna

Carta for Philippine Internet Freedom if committed against critical networks or information and

communications technology infrastructure.

SECTION 62. Penalties for Other Violations of the Magna Carta for Philippine Internet
Freedom. — A fine of not more than Five hundred thousand pesos (P500,000.00) shall be

imposed for a violation of other sections of the law not covered by the preceding sections.

SECTION 63. Penalties for Violations of the Magna Carta for Philippine Internet
Freedom Committed by a Public Official or Employee. — (a) Except as explicitly provided by the
preceding sections, the next higher penalty shall be imposed for a violation or negligence

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resulting in the violation of this Act if the violation or ne

ence resulting in the violation is

‘committed by a public official or employee in connection with his duties.

(b) If the penalty imposed for the act or negligence resulting in the violation of this Act is,

civil liabil

ity or civil liability and a fine, then an additional penalty of a fine of not less Two
hundred thousand pesos (P200,000.00) but not more than Five hundred thousand pesos

(P500,000.00) shall be imposed on the public official or employee.

SECTION 64. Liability Under the Data Privacy Act, the Intellectual Property Code, the
Optical Media Act, the Anti-Child Pornography Act of 2009, the Special Protection of Children
Against Abuse, Exploitation and Discrimination Act, the Penal Code, and Other Laws. ~a) A
prosecution under this act shall bar any further prosecution of the act as a violation of any

provision of the Data Privacy Act, the Intellectual Property Code, the Optical Media Act, the

Anti-Child Pornography Act of 2009, the Anti-Trafficking in Persons Act, and other special
laws, except:

(i) if the act was performed through the use of a device, equipment, or physical
plant connected to the Internet or to telecommunications networks, or in connivance with
a third party with access to the same; and,

(ii) if the act could not have been performed through the use the said device,
equipment, or physical plant connected to the Internet or to telecommunications
networks, or the said third party with access to the same; and

(iii) if the act is part of a series of or combination with other unlawful acts, these
acts being performed without the use of a device, equipment, or physical plant connected
to the Internet or to telecommunications networks, or in connivance with a third party
with access to the same.

(b) A prosecution under this act shall bar any further prosecution of the act as a violation
of the Penal Code and other special laws, except:

() if the act was performed through the use of a device, equipment, or physical
plant connected to the Internet or to telecommunications networks, or in connivance with

a third party with access to the same;

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if the violation could not have been performed through the use the said device,
equipment, or physical plant connected to the Internet or to telecommunications

networks, or the said third party with access to the same;

(

(ii) if the act involves the transmission of data through the Internet or
telecommunications networks; and

(iv) if the act is part of a series of or combination with other unlawful acts, these
acts being performed without the use of a device, equipment, or physical plant connected

to the Internet or to telecommunications networks, or in connivance with a third party

with access to the same.

SECTION 65. Competent Law Enforcement Agencies. ~ (a) Department of Jus
(DON), — The Department of Justice shall create an Office of Cybercrime, which shall be
designated as the central authority in the enforcement of this Act, and all matters related to
international mutual assistance and extradition, as provided for by this Act.

(b) National Bureau of Investigation (NBI). - The National Bureau of Investigation shall
create a Cybercrime Division, which shall be responsible for matters related to enforcement of
this Act. It shall cooperate with the division responsible for matters related with transnational
crime, other divisions, and other government agencies in the enforcement of this Act.

(c) Philippine National Police (PNP).

The Criminal Investigation and Detection Group
(CIDG) of the Philippine National Police shall create a Cybercrime Office, which shall be
responsible for matters related to enforcement of this Act. The PNP shall, within the extent
practicable, establish cybercrime desks in police stations, and shall cooperate with other

government agencies in the enforcement of this Act.

SECTION 66. Cybercrime Courts. — (a) Designation of Cybercrime Courts and
Promulgation of Procedural Rules. - The Supreme Court shall designate the court or courts,
manned by judges of competence, integrity, probity and independence in the practice of law, and

and communications technology,

competent in matters related to the Intemet and informatic

that will hear and resolve cases brought under this Act and shall promulgate the rules of

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pleading, practice, and procedure to govern the proceedings brought under this Act.
(b) Qualifications of the Presiding Judges of Cybercrime Courts. — No person shall be

appointed a Presiding Judge of the Cybercrime Court unless he or she:

zen of the Philippines;

(ii) is at least thirty-five (35) years of age;

(iii) has been engaged in the practice of law in the Philippines for at least ten (10)
years, or has held a public office in the Philippines requiring admission to the practice of
law as an indispensable requisite; and

(iv) has an academic or professional background in information and
communications technology, computer science, or engineering; or has proven a high
degree of competence in the use of the Internet and information and communications
technology.

Court personnel of the Cybercrime Court shall undergo training and must have the
experience and demonstrated ability in dealing with cybercrime cases and other cases related to

the Internet and information and communications technology.

SECTION 67. Jurisdiction of Cybercrime Courts. ~ (a) Exclusive original jurisdiction —
‘The Cybercrime Court shall have exclusive original jurisdiction over violations of this Act and
over cases involving the Intemet and information and communications technology.

(b) Suit filed at the residence of the accused for criminal violations of the Magna Carta
for Philippine Internet Freedom. — Except in cases that are extraterritorial, foreign, international,
and transnational in nature, all suits related to criminal violations of this Act shall be filed at the
cybercrime court having jurisdiction over the residence of the accused.

(©) Suit filed at the cybercrime court agreed upon by the parties for civil violations of the
Magna Carta for Philippine Intemet Freedom. — Except in cases that are extraterritorial, foreign,
international, and transnational in nature, all suits related to civil violations of this Act shall be
filed at the cybercrime court agreed upon by the parties. Should the parties be unable to reach an
agreement, the Court of Appeals shall determine the cybercrime court that shall have jurisdiction

cover the case.

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SECTION 68. Extraterritorial Application of the Magna Carta for Philippine Internet
Freedom. - Subject to the provision of existing treaties of which the Philippines is a State Party,

and to any contrary provision of any law of preferer

application, the provisions of this Act
shall apply:

(a) to individual persons who, although physically outside the territorial limits of the
Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this
Act inside the territorial limits of the Philippines;

(b) to individual persons who, although physically outside the territorial limits of the

Philippines, commit any of the said crimes on board a Philip

ship or aircraft;

(©) to individual persons who commit any of said crimes within any embassy, consulate,

or diplomatic premises belonging to or occupied by the Philippine government in an official
capacity;

(d) to individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes against Philippine citizens or persons of Philippine descent,

where their citizenship or ethnicity was a factor in the commission of the crime; and,

(©) to individual persons who, although physically outside the territorial limits of the

ines, commit said crimes directly against the Philippine goverment or critical

information and communications technology infrastructure in the Philippines.

Part 9, Implementing Rules and Regul

SECTION 69. Rules and Regulations for the Implementation of the Magna Carta for

Philippine Internet Freedom. — The Secretary of Information and Communication Technology,

joner of the

the Commissioner of the National Telecommunications Commission, the Com
National Data Privacy Commission, and the Chief of the Telecommunications Office, or their
duly authorized and appointed delegates, an appointee from the academe or the business sector,
and an appointee from civil society or professional ICT-oriented organizations, shall formulate

and promulgate the implementing rules and regulations (IRR) of this Act.


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SECTION 70. Jmplementing Rules and Regulations for Information and Communications

Technology Infrastructure Development, ~ The Secretary of Information and Communication

Technology, the Secretary of Finance, the Director-General of the National Economic and
Development Authority, and the Chairman of the Board of Investments, or their duly authorized
and appointed delegates, an appointee from civil society or professional ICT-oriented
organizations, and an appointee from the business sector shall formulate and promulgate the

implementing rules and regulations (IRR) of this Act towards the development of information

and communications technology infrastructure.

SECTION 71. Implementing Rules and Regulations for Cybercrime Law Enforcement.

‘The Secretary of Information and Communication Technology, the Secretary of Justice, the
Secretary of Interior and Local Government, the Secretary of Social Welfare and Development,
the Secretary of Foreign Affairs, the Director-General of the National Bureau of Investigation,
and the Director-General of the Philippine National Police, or their duly authorized and
appointed delegates, an appointee from the academe, an appointee from civil society, and an
appointee from a professional ICT-oriented organization shall formulate and promulgate the

implementing rules and regulations (IRR) of this Act towards cybercrime and law enforcement.

SECTION 72. Implementing Rules and Regulations for Information and Communications
Technology Education, Training, and Human Resources. ~The Secretary of Information and
Communication Technology, the Secretary of Education, the Secretary of Science and
Technology, the Commissioner of Higher Education, the Director-General of the Technical
Education and Skills Development Authority, the Head of the National Telecommunications
Training Institute, or their duly authorized and appointed delegates, and an appointee from the
academe shall formulate and promulgate the implementing rules and regulations (IRR) of this
‘Act towards information and communications technology education, training and human

resources.

SECTION 73. mplementing Rules and Regulations for Information and Communications

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Technology Research and Development. ~ The Secretary of Information and Communication
Technology, the Secretary of Science and Technology, the Director-General of the National
Economic and Development Authority, or their duly authorized and appointed delegates, an
appointee from the academe, and an appointee from the business sector, shall formulate and
promulgate the rules and regulations (IRR) of this Act towards information and communications

technology research and development.

SECTION 74. Implementing Rules and Regulations for National Cyberdefense,
Cyberintelligence, Counter-Cyberterrorism, and Counter-Cyberespionage. — (a) The Secretary
of National Defense, the Secretary of Interior and Local Government, or their duly authorized
and appointed delegates, the Chief of Staff of the Armed Forces of the Philippines (AFP), the

commanding general of the unit of the Philippine Air Force tasked with national cyberdefense,

the commanding officer of the Intelligence Service, Armed Forces of the Philippines (ISAFP),
the commanding officer of the Communication Electronics and information Systems Service,
‘Armed Forces of the Philippines (CEISSAFP), and the Director-General of the Philippine
National Police shall formulate and promulgate the rules and regulations (IRR) of this Act
towards ensuring national cyberdefense, cyberintelligence, counter-cyberterrorism, and counter-
cyberespionage. The Secretary of Information and Communication Technology shall provide
technical advice

(b) Subject to the approval of the President, and subject to the advice and consent of the
Joint Select Committee on Military and Intelligence Affairs of the House of Representatives and
the Senate, the Secretary of National Defense, the Secretary of Interior and Local Government,
or their duly authorized and appointed delegates, the Chief of Staff of the Armed Forces of the
Philippines (AFP), the commanding general of the unit of the Philippine Air Force tasked with
national cyberdefense, the commanding officer of the Intelligence Service, Armed Forces of the
Philippines (ISAFP), the commanding officer of the Communication Electronics and Information
Systems Service, Armed Forces of the Philippines (CEISSAFP), and the Director-General of the
Philippine National Police shall prepare a National Cyberdefense and Cybersecurity Plan every

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(©) The contents of the current and past National Cyberdefense and Cybersecurity Plans
shall be covered by executive privilege and shall be considered state secrets, and any

unauthorized disclosure shall be punishable to the fullest extent possible by relevant laws.

SECTION 75. Periodic Review of the Implementing Rules and Regulations of the Magna
Carta for Philippine Internet Freedom. Mandatory and periodic reviews of the implementing
rules and regulations of the Magna Carta for Philippine Internet Freedom shall be done by the
offices designated by this Act to create implementing rules and regulations. Such reviews shall

be performed no less than every three years and no more than every five years, to keep pace

technological advancements and other changes.

Part 10. Final Provisions.

SECTION 76. Appointment of the Secretary of Information and Communications
Technology. ~ Subject to confirmation by the Commission on Appointments, the President shall
appoint the Secretary of Information and Communications Technology within 30 days of the

effectivity of this Act.

SECTION 77. Release of Initial Appropriations. — Subject to government budgetary and

audit procedures, the Department of Budget and Management shall release appropriations to the
Secretary of Information and Communications Technology for purposes of implementing this

Act within 30 days of his appointment.

SECTION 78. Preparation of Implementing Rules and Regulations. ~ Within ninety (90)
days of the release of initial appropriations, implementing rules and regulations shall have been

prepared and promulgated.

SECTION 79. Compliance of Government ICT Infrastructure and Critical Networks,
Data, and Internet Infrastructure. — (a) Within one hundred eighty (180) days from the

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promulgation of the implementing rules and regulations, government agencies and
instrumentalities shall have secured their private network and data infrastructure. Penalties as
prescribed by this Act shall be imposed for noncompliance,

(b) Within two hundred seventy days (270) days from the promulgation of the
implementing rules and regulations, government agencies and instrumentalities shall have
secured their public network, data, and Internet infrastructure. Penalties as prescribed by this Act
shall be imposed for noncompliance.

(©) Wi

in one (1) year from the promulgation of the implementing rules and regulations,
all Internet service providers, Intemet exchanges, Intemet data centers, Internet gateway
facilities, telecommunications entities, and persons providing Internet connection, network, or

data transi

n services shall have met the minimum standards of privacy and security for
their private and public network, data, and Internet infrastructure. Penalties as prescribed by this

‘Act shall be imposed for noncompliance.

(d) Within ninety (90) days from the promulgation of the implementing rules and
regulations, all Internet service providers, Internet exchanges, Internet data centers, Internet
gateway facilities, telecommunications entities, and persons providing Internet connection,
network, or data transmission services shall have met the minimum standards of
interconnectivity and interoperability of their information and communications technology

infrastructure. Administrative penalties shall be prescribed for noncompliance.

(©) Wi

in one hundred eighty (180) days from the promulgation of the implementing

rules and regulations, all Internet service providers, Internet exchanges, Internet data centers,

Intemet gateway facilities, telecommunications entities, and persons providing Internet
connection, network, or data transmission services shall have met the minimum standards of

service quality. Administrative penalties shall be prescribed for noncompliance.

SECTION 80. Public Information Campaign for the Magna Carta for Philippine Internet
Freedom and its Implementing Rules and Regulations. ~ (a) The Office of the President, the
Presidential Communications Development and Strategic Planning Office or its successor
agency, the Philippine Information Agency or its successor agency, and the Department of

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Interior and Local Government through the information offices of local government units, shall
be jointly responsible for information campaigns to ensure nationwide awareness of the Magna
Carta for Philippine Internet Freedom and its implementing rules and regulations.

(b) The Department of Education and the Department of Social Welfare and
Development shall provide age-appropriate information campaigns in schools to ensure
nationwide awareness of the Magna Carta for Philippine Internet Freedom, its implementing
rules and regulations, and the safe use of the Internet and information and communications

technology for children of school age and for out-of-school youths.

SECTION 81. Initial Funding Requirements. — (a) DICT — An initial appropriation of
fifteen million pesos (P15,000,000) shall be drawn from the national government for purposes of
the establishment and operation of the DICT, exclusive of the existing appropriations of its
subordinate agencies, which shall accrue to the DICT budget.

(b) DOJ ~ The initial funding requirements for the implementation of this Act of the DOJ
shall be charged against the current appropriations of the DOJ.

(©) NBI ~ The initial funding requirements for the implementation of this Act of the NBI

shall be charged against the current appropriations of the NBL.
(4) PNP The initial funding requirements for the implementation of this Act of the PNP

shall be charged against the current appropriations of the PNP.

(e) IRR — An initial appropriation of five million pesos (PS,000,000), to be disbursed by
the Secretary of Information and Communications Technology, shall be drawn from the national
government for purposes of the preparation of the Implementing Rules and Regulations of this
Act.

(PIA ~ An appropriation of five million pesos (P5,000,000) shall be drawn from the
national government for purposes of the information dissemination campaign on this Act by the

PIA.

(g) Other agencies — The initial funding requirements for the implementation of this Act

by other agencies shall be charged against the current appropriations of the respective agencies.

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SECTION 82. Succeeding Appropriations. - Such sums as may be necessary for the
implementation of this Act shall be included in the agencies’ yearly budgets under the General

Appropriations Act.

SECTION 83. Separability Clause. ~ If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain

valid and subsisting
SECTION 84. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent

with, the provisions of this Act is hereby repealed, modified, or amended accordingly.

SECTION 85. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least (2) newspapers of general circulation.