REPUBLIC OF THE PHILIPPINES 17 JAN 2013
HOUSE OF REPRESENTATIVES 2

Quezon City, Metro Manila

FIFTEENTH CONGRESS
Third Regular Session

House Bill No. __

Introduced by Kabataan Party-list Representative Raymond V. Palatino

EXPLANATORY NOTE

This bill seeks to promote and protect the rights of internet users.
The State recognizes the importance of information and communications in nation-

building. It also recognizes its concomitant obligation to ensure the people's enjoyment of the

right to freedom of speech and of expression. Hence, it is imperative that the State shall
guarantee the free flow of information and the growth, promotion and development of
information and communications technologies and industries.

Ina report to the United Nations Human Rights Commission by the Special Rapporteur

on the promotion and protection of the right of freedom of opinion and expression released in

June 2011, the report sates: “Given that the Internet has become an indispensable tool for
realizing a range of human rights, combating inequality, and accelerating development and

human progress, ensuring universal access to the Internet should be a priority for all States."

The Special Rapporteur also believes that the internet is one of the most powerful
instruments of the 21“ Century for increasing transparency in the conduct of the powerful,
ensuring access to information, and for facilitating active citizen participation in building
democratic societies.

‘The advancement of information and communications technology has brought many
advantages as well as challenges to its users and the authorities regulating its use. The creation
of the internet is a landmark development that had caused a revolutionary effect to a majority of
the world’s population as it now affects almost all aspects of human life. It has affected the
social, cultural, political and economic development of the world. It has changed the ways that
transactions are done. One can now do real time business with someone who is half-way around

the world; families can easily communicate with their loved ones who work abroad; people are

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now more involved in the formulation of policies by the government; even the implementation of
‘government programs can now be monitored by the citizens through the internet.

All these are made possible by the interactive nature of the internet, its speed and
worldwide reach. However, unscrupulous persons have also adapted to the development of

information and communications technologies and have found ways to exploit internet-based

opportunities and take advantage of other people by committing crimes through online and
computer platforms.

The growing importance, the critical role it plays in national development and the

continuing advancement of communications technologies, particularly the internet, necessitate
the enactment of measures to protect and promote the rights of its end users.

In view of the foregoing considerations, approval of this bill is earnestly sought.

HON. RAYMOND V. PALATINO
Representative, Kabataan Party-list


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Third Regular Session

6618

House Bill No.

Introduced by Kabataan Pa

ist Representative Raymond V, Palatino

AN ACT.
ESTABLISHING A MAGNA CARTA OF INTERNET U:

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

assembled:

TION 1. Short Title. — This Act shall be known as the “Internet Freedom Act."

. 2. Declaration of Policy. — It is the policy of the State to uphold the people's right
to freedom of speech, of expression and of the press through all types of media, including the

internet, ‘The State recognizes the vital role of commu

tion and information in nation-building
and affirms that all the rights, guarantees, and privileges provided by the Constitution and the

generally accepted principles of international law, shall apply to the Filipino people in their use,

development, innovation, and invention of information and communications technology (IC

and the internet.

‘The State also recognizes internet access as a right and thereby promotes access to the
internet and shall keep the internet free from censorship while providing ample regulatory control

within the bounds of the Philippine Constitution.

The State upholds that the rights that the people possesses as defined in the Bill of Rights
of the Constitution must also be protected online, regardless of frontiers and through any media

of one’s choice, including new and emerging platforms afforded by the internet.

Towards this end, the State shall adopt measures to protect the internet's universality,
integrity and openness and to maximize the internet's potential to promote democracy and

cultural diversity. It shall periodically formulate studies, targets and strategies, and implement a


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comprehensive program on the use and development of the internet in the country. The State
shall likewise take steps to protect the privacy of its users and ensure that access to the internet is
available to its

2C. 3. Guiding Principles.

This Act shall be guided by the following principles:

a) Access to the internet is a civil right and the ability to share information and

communicate freely using the internet is vital to the realization of human rights;

b) The global and open nature of the internet is an important driving fore

national socio-economic and political development; and

©) Regulation on the internet shall be responsive rather than prohibitive towards

users, and shall maintain the openness or the free, public character of the internet.
SEC. 4, Objectives. ~ This Act shall have the following objectives:
a) To promote the right of all citizens to access the internet;
b) To promote the rights and freedoms of internet users;

©) To promote access to information, knowledge and participation in cultural

activities and public affairs;

d) To promote innovation and encourage the dissemination of new technologies and

models of use and act

€) To ensure protection of data and privacy of internet users; and

1) To promote compliance with the open technological standards that allows

communication, accessibility and interoperability between applications and databases,

SEC. 5. Definition of Terms. — As used in this Act:

a) Internet refers collectively to the myriad of computers and telecommunications

fa
worldwide network of networks that employ the transmission control protocol or internet

ties, including equipment and operating software, which comprise the interconnected

protocol, or any predecessor or successor protocols to such protocol to communicate

information of all kinds by wire, radio, or other electronic media;


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b) Internet Access refers to the means by which users connect to the internet by
equipping the computer with a modem and using the common methods of internet access such

as dial-up, landline, T-lines, Wi-Fi, satellite, cell phones and similar technologies;

c) Internet Service Provider (ISP) refers to any person or entity that supplies or

proposes to supply, an internet service carriage to the public;

d) Internet Applications refer to the group of functionalit

s that can be accessed by
a terminal connected to the internet;

©) Internet Application Access Logs refer to the information regarding the date and

time of use, from a determined IP address, of a specific internet; and
f) Terminal refers to a computer or any device that connects to the internet;

SEC. 6. Universal Access to the Internet. ~ All citizens have the right to access the
internet. No citizen shall be denied access to the internet on account of one’s socio-economic

status, political or religious beliefs, sexual orientation, or physical handicap.

All internet users shall enjoy the following rights:

a) The non-violation and secrecy of communications on the internet, except upon
order of a competent court or as may be prescribed by law, for purposes of criminal

investigations or the gathering of evidence for criminal prosecutions;

b) The non-suspension of internet connections, except upon any one of the

following grounds:

‘Suspension or termination of the service at the request of the subscriber;

2. Non-payment by a subscriber of the fees relating to the use of internet

connections;
Expiration ofa fixed contract; or

4. When an ISP is required by law or a court order to suspend or terminate

its service.

©) The maintenance of the agreed upon quality of internet connections;


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d) Clarity and thoroughness of information in contracts for internet services, with
explicit mention of the applicable regimes for data protection, connection logs and internet
application access logs, as well as network management practices that can affect the quality of

offered services; and

€) The non-disclosure, to third parties of connection logs and internet application
access logs, except if the consent of the user or subscriber is obtained or when required by a court

order or by law.

SEC. 8, Limitations and Restrictions, — Internet access shall be subject to limitations set
forth in existing laws such as Republic Act (RA) No. 9775, otherwise known as the “Anti-Child
Pornography Act of 2009,” RA 9995, otherwise known as the “Anti-Photo and Video Voyeurism
Aet of 2009,” and RA 10173, otherwise known as the “Data Privacy Act of 2012," among

others.

Restrictions on the operation of websites, blogs or any other internet-based, electronic or

other such information di:

semination system, including systems to support such communication,

such as internet service providei

or search engines, may only be permitted if the aforementioned

systems pose threats to fundamental rights of a person. The restriction of such systems may only
be implemented following a court order: Provided, That the court order shall specify and limit

which particular content shall be restricted.

SEC. 9. Association on the Internet. — All citizens have the right to gather and

participate in shared learning, creation and exchange of ideas through online activities.

SEC. 10. Quality of Connection. — All internet subscribers have the right to quality
connection, which ensures that internet speed and signal strength received by the subscriber shall

not be lower than that agreed upon by the subscriber and the internet service provider.

The National Telecommunications Commission shall ensure that internet service

providers deliver the agreed internet speed and signal strength.

SEC. 11. Right to Benefit from What They Create. ~ All citizens have the right to
benefit from their ideas, creations and publications on the internet, including but not limited to

monetary remunerations and credit for the work done.

SEC. 12. Freedom of Expression on the Internet, — All citizens have the right to

express their ideas, views and opinions on the internet without fear of reprisal. The preservation


of the right t©

acy and freedom of expression in communications is a condition for the full

exercise of the right to internet access.

SEC. 13. Privacy on the Internet, ~ The State shall guarantee the right to privacy of its
citizens, ‘The State shall protect the right of a person to ensure the privacy of the data or
networks over which the person has property rights over, and shall protect the right of a person to

employ reasonable means to this end.

SI

14. Prohibited Acts. ~ Yo ensure privacy of internet users, the following acts shall
be prohibited:

a) Monitoring or analyzing of data by an internet service provider without prior

knowledge and consent of the user or subscriber;

b) Internet surveillance and data collection on users by agencies and

instrumentalities of the State without secu

1g a court order. ‘The State may only acquire private

user data through its civil law enforcement agency in pursuit of a crime:

©) Identifying internet users and disclosing their communications data without a

court order and for purposes other than criminal investigations and criminal proceedings; and

d) Accessing communications data by persons other than public authorities that are

ectly involved in criminal investigations and criminal proceedings.

SEC. 15. Penaltic

Any person who shall commit the prohibited acts under Section 14

of this Act or any regulation hereunder shall, upon conviction, be imposed the fine of not less
than One Hundred Thousand pesos (P100,000.00) but not more than Five Hundred Thousand
pesos (P500,000.00) or imprisonment of not less than six (6) months but not more than six (6)

years, or both fine and imprisonment at the discretion of the court.

If the offense is committed by a corporation, trust, firm, partnership, association or any

other juridical entity, the penalty shall be imposed upon the officer responsible for the violation.
In case the offender is an alien he shall be deported immediately after service of sentence or

payment of fine.

‘A prosecution under this Act shall be without prejudice to any liability for violation of

any provision of the Revised Penal Code, as amended, or other special criminal laws.

SEC. 16. Disclosure of Access Logs. ~ Interested parties may, for the purpose of

gathering evidence in civil and criminal proceedings, request a competent court to order the party


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responsible for storing internet application access logs or connection logs, to disclose these logs.
The requesting party must fully justify the necessity of the disclosure of these connection logs,
, the request shall be denied.

otherw

The court shall take the neck

ry measures to ensure the secrecy of the information
received to protect the reputation of the subscriber subject of the request.

SEC. 17. Implementing Rules and Regulations. — Within sixty (60) days after the
effectivity of this Act, the Chairman of the National Telecommunications Commission (NTC)
shall, in coordination with the Executive Director of the Information and Communications
Technology Office of the Department of Science and Technology, the Secretary of Justice, and
the Chairman of the National Privacy Commission, promulgate the necessary rules and

ion of this Act.

regulations for the effective implementa

The Information and Communications Technology Office of the Department of Science
and Technology, and the Technical Education and Skills Development Authority shall 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.

SEC, 18. Separability Clause. — If any provision or part of this Act is declared

unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full

force and effect.

SEC. 19. Repealing Clause. ~ All laws, decrees, orders and issuances or portions
thereof, which are inconsistent with the provisions of this Act are hereby repealed or modified

accordingly.

SEC. 20. Effectivity. — ‘This Act shall take effect fifteen (15) days after its publication in

at least two (2) national newspapers of general circulation,

Approved,