SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
-SB'lmh' 
J {~fh;t: \If fh.jL~rw.tbr\l 
'13 
JUL 24 
AS' :24 
Senate Bill No. 1091 
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____________________________ 
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Introduced by: Senator Paolo Benigno "Bam" A. Aquino IV 
EXPLANATORY NOTE 
In today's increasingly wired and interconnected society, Internet connectivity has 
become more than Just a luxury, and certainly more than just a tool for the educated and the 
elite. It is essential in the provision of basic government and private sector services, in sharing 
educational information to our students, in the conduct of everyday business, and even in 
gathering real-time, life-saving information. 
For instance, we saw during the onslaught of Ondoyand Pepeng in 2009-and in the 
natural disasters following these-how the Philippine online community worked together from 
behind computers and mobile phones to send crucial information about flooded areas, missing 
persons, areas in need of immediate rescue and relief, fund raising efforts, and many others. In 
an age of climate change and harsher weather conditions, being connected and "in the know" 
could spell the difference between life and death. 
Internet-enabled platforms and services have likewise given birth to new industries, 
which in turn have opened up hundreds of thousands of jobs for ordinary Filipinos. The Business 
Process Outsourcing (SPO) and Knowledge Process Outsourcing (KPO) industries, for example, 
would not be able to survive without the infrastructure for secure Internet connectivity. 
Likewise, a growing number of freelancers, start-up entrepreneurs, online marketers, and the 
like have been able to find gainful employment and livelihood thanks to Internet technology. 
Even loan services and fundraising efforts have been powered by the Internet, making it more 
accessible for groups with great ideas to get the funding support that they need. 
Beyond these, the Internet and social media have become integral to ensuring 
transparency, accountability, and good governance not only in the Philippines but also in many 
corners of the world. For many, the Internet represents a lifeline to citizen watchdog groups and 
media organizations that shine the light on truth where it is most needed. Internet-enabled 
platforms have become complementary tools for democracy, allowing for debate and discourse, 
the free exchange of ideas, and open access to public servants. Moreover, developments in the 
social media space have made it possible for government to engage with its constituents on a 
one-to-one level, bringing government service directly in the hands of hands of the people. 
It is for these reasons, and many more, that we seek to support the Magna Carta for 
Philippine Internet Freedom (MCPIF), in order to push for universal access to the Internet, the 
freedom and the ability to access public information online, freedom of speech, the right to 
create without fear of intellectual property infringement, and many other rights that are 
afforded Filipinos as citizens of a democratic republic. 


Specifically, we wish to push for a provision that makes free WIFI (also: wireless local 
areas network or WLAN) access mandatory for designated public spaces within local 
government units (LGUs), such as city or municipal halls, and the like. Public WIFI access will 
ensure that the Internet and other digital or social media platforms may be used by LGUs and 
their citizens for such functions as: the provision of basic government services (e.g., business 
registration, the accessing of government data online, etc.); real-time monitoring and disaster 
response coordination during times of natural and man-made disasters; data gathering, 
transmission, and monitoring during local elections; online training and capacity-building, and 
many others. 
Just as the MCPIF upholds many of our civil liberties, it likewise protects citizens' privacy 
online and also outlines the limitations of Internet use. For instance, as defined in Part I Section 
2 (f): 
"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 cyberdefense of Philippine 
Internet and ICT infrastructure resources;" 
The MCPIF also tackles such issues as hacking, Internet libel, hate speech, child 
pornography, cyber crime, human trafficking, and a host of other issues. 
Finally, to exercise jurisdiction over the Philippines' ICT sector and the mapping out of 
the country's ICT road map and systems, the MCPIF proposes the establishment of a Department 
of Information and Communications Technology (DICT), which, as defined here, "shall be the 
primary policy, planning, coordinating, implementing, regulating and administrative entity of 
the executive branch of the government that will plan, promote and help develop the country's 
ICT sector and ensure reliable and cost-efficient communications facilities, other multimedia 
infrastructure and services." 
The world is changing at breakneck speed, and we believe that a piece of legislature 
such as the Magna Carta for Philippine Internet Freedom will enable us to manage the winds of 
change. 
~~~~.< 
Senator pa't::::;o "Bam A. Aquino IV 


.s tnl1t~ 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
{~ff,;t tlf iI~f: "i' .. trbr~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL 24 J\9 :24 
SENATE 
S. B. No. 
1 091 
Introduced by: Senator Paolo Benigno "Bam" A. Aquino IV 
AN ACT 
ESTABLISHING A MAGNA CARTA FOR PHILIPPINE INTERNET FREEDOM, CVBERCRIME 
PREVENTION AND LAW ENFORCEMENT; CVBERDEFENSE 
AND NATIONAL CVBERSECURITY 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
Part I. General Provisions. 
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Section 1. Short Title. - This Act shall be known as "The Magna Carta for Philippine Internet 
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Freedom of 2013." 
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Section 2. Dec/aration of Policy. -
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(a) The State affirms that all the rights, guarantees, and privileges provided by the Bill of 
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Rights and the Constitution, as well as those establiShed under general principles of 
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international law and under treaties and conventions to which the Philippines is a signatory, 
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shall govern in the use, development, innovation, and invention of information and 
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communications technology (ICT) and the Internet by the Filipino people. 
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(b) The State affirms its commitment to the people and to all nations that, in the crafting 
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of laws and regulations governing the use of the Internet and of ICT, these shall be subject to 
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the parameters set forth under the Constitution. 
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(c) The State reaffirms the vital role of communication and information in nation-
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building, as stated in Article II, Section 24, ofthe Constitution; 
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(d) 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 
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encourage democratic discourse and nation-building; 
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(e) The public and private sector have a role in the development, invention, and 
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innovation for the Internet and for ICT, through domestic, international, and transnational 


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efforts; thus, the State shall encourage development, invention, and innovation through and for 
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the Internet and ICT in cooperation with the private sector, other nations, and international 
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bodies; 
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(f) The State recognizes that network bandwidth is a finite resource that is limited by 
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technological advancements and by telecommunications infrastructure and investment; thus, 
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the State shall encourage the development of information and communications technology and 
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infrastructure; 
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(g) The Internet and ICT further enable participative governance, transparency, and 
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accountability in government; thus, the State reaffirms its policy of full public disclosure of all 
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its transactions involving public interest and to develop plans, policies, programs, measures, 
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and mechanisms using the Internet and ICT in the implementation of its policy of full public 
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disclosure; 
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(h) The State recognizes the basic right of all persons to create, access, utilize and share 
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information and knowledge through ICT, and shall promote the Internet and ICT as a means for 
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all to achieve their full potential, promote their sustainable development, and improve their 
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quality of life; 
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(i) The growth of the Internet and ICT affect peace and order and the enforcement of 
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law within the national territory and across other nations; thus, the State reaffirms its policy of 
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cooperation and amity with all nations, and its adoption of generally accepted principles of 
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international law as part of the law of the land, in the pursuit of peace and order and in the 
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enforcement of law; 
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(j) The Internet has the potential to become a theater of war, and that ICT can be 
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developed into weapons of mass destruction; thus, consistent with the national interest and 
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the Constitution, the State shall pursue a policy of "no first use" of cyberweapons against 
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foreign nations, and shall implement plans, poliCies, programs, measures, and mechanisms to 
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provide cyberdefense of Philippine Internet and ICT infrastructure resources; and, 
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(k) Art and culture can be created on devices, on networks, and on the Internet; thus, 
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the State shall pursue a policy that promotes the Internet and information and communications 
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technology, and the innovation therein· and thereof, as instruments of life, liberty, and the 
36 
pursuit of happiness. 
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Part 2. Definition of Terms. 
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Section 3. Definition of Terms. -
When possible, definitions shall be adopted from those 
42 
established by the International Telecommunications Union (ITU), the Internet Engineering Task 
43 
Force (IETF), the World Wide Web Consortium (WWWC), and the Internet Corporation for 
44 
Assigned Numbers and Names (ICANN), and other international and transnational agencies 
45 
governing the development, use, and standardization of information and communications 
46 
technology and the Internet. For purposes ofthis Act, the following terms shall mean: 
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(j) 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 anyone 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. 
(I) 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, 
which may include but is not limited to text, pictures, video, or any combination thereof. 
The word is synonymous to information. 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 Philippines 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 its 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. 
(s) 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 arid violate the security policy of a 
system. 
(t) Cybercrime -
Any unlawful act punishable by this law or other relevant laws 
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committed through or using the Internet or information and communications 
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technology. 
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(u) Cyberdefense - The collection of plans, policies, programs, measures, mechanisms, 
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and weapons designed to defend the Philippines from cyberattack. 
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(v) Cyberintelligence -
The collection, analysis, processing, and dissemination of 
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. 
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(w) Cybersecurity -
The collection of tools, policies, security concepts, security 
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safeguards, guidelines, risk management approaches, actions, training, best practices, 
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assurance, and technologies that can be used to protect the cyber environment and 
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organization and user's information and communications technology assets. 
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(x) Cyberspace - A global domain within the information environment consisting of the 
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interdependent network of information systems infrastructures including the Internet, 
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telecommunications networks, computer systems, and embedded processors and 
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controllers, or the virtual space constituted by a computer network with a set of 
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distributed applications and its users. 
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(y) Cyberterrorism - A violation of the Human Security Act of 2007 committed through 
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or using the Internet or information and communications technology. 
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(z) Cyberwarfare - The damaging, disruptive, saboteurish, or infiltrative actions, or 
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analogous acts of a belligerent nature, by a nation-state or violent non-state actor 
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against the Philippines, its government, or its citizens, with the intent to cause damage 
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and disruption to the people, property, infrastructure,. or systems of the Philippines, 
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through or using computers, information and communications technology, networks, or 
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the Internet. 
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(aa) Data - The reinterpretable representation of information in a formalized manner 
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suitable for communication, Interpretation, or processing, or information represented in 
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a manner suitable for automatic processing. 
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(i) Data, private - Any and all data that does not fall under the definition of 
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public data. 
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(ii) Data, public - Data which is available to the public without access being 
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restricted by requirements of membership, non-disclosure agreements or similar. 
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(iii) Data, traffic - Data that is readable and usable only solely by and between 
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devices, computers, systems or networks, used for purposes of facilitating the transfer 
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of information between devices, computers, systems or networks. 
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(a) Access - The ability and means to communicate with or otherwise interact with a 
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device, computer, system or network, to use resources to handle information, to gain 
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knowledge of the information the device, computer, system, or network contains, or to 
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control device or system components and functions. 
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(b) Administrator - A person or role with privileged access and control over a network or 
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a multi-user computing environment responsible for the operation and the maintenance 
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of the network or computing environment. 
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(i) Network administrator - A person or role responsible for the operation and 
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the maintenance of a network. 
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(ii) Systems administrator - A person or role responsible for managing a mu Iti-
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. 
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(e) Bot - A computer program or software installed in a device, computer, computer 
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system, or network capable of performing automated tasks over the Internet, without 
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the knowledge or consent of the user or owner of the device computer, system, or 
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network, with control ceded to a third party, usually malicious. Bot may also refer to the 
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individual device that is infected with such programs or software. 
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(i) Botnet - A network of computers infected with bots. 
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(f) Cache - A temporary storage of recently accessed data or information, which may be 
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stored in the local storage medium of a device or computer, or in the storage media of a 
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network, for purposes of speeding up subsequent retrievals of data or information from 
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the Internet or networks. 
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(g) Chief Information Officer (CIO) - A third-ranking career executive in charge of the 
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information and communications technology/information technology/management 
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information systems (lCT/IT/MIS) office in a department, bureau or government-owned 
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or -controlled corporation/government financial institution, including legislative, judicial 
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and constitutional offices. 
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(h) Code - The symbolic arrangement of data or instructions in a computer program or a 
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set of such instructions. 
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(i) Component - Any individual part of a device. 
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(ab) Device - The material element or assembly of such elements intended to perform a 
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required function. 
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(ac) Download - The transfer of data or information from the Internet or a network to a 
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device or computer upon request of the user for this information. 
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(ad) Encryption - An encoding scheme that produces meaningless information to all 
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observers except those with the decryption key made for the purpose. 
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(ae) End user license agreement - The legal agreement between two parties, one of 
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which is the user, that stipulates the terms of usage of a device, software, or service. 
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(af) Equipment - A single apparatus or set of devices or apparatuses, or the set of main 
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devices of an installation, or all devices necessary to perform a specific task. 
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(i) Data processing equipment - Equipment used to process data electronically. 
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(ii) Network equipment - Equipment used to allow data communication between 
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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. 
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(ad) Executable - The ability of a code, script, software, or computer program to be run 
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from start to finish in a device or computer, and providing a desired result. 
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(ae) Free and open-source software - Liberally licensed software whose license grants 
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users the right to use, copy, study, change, and improve its design through the 
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availability of its source code. 
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(af) Hardened - The state of reduced vulnerability to unauthorized access or control or 
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to malicious attacks of a device, computer, network, or information and 
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communications technology infrastructure. 
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(ag) Hardware - The collection of phYsical elements that comprise a device, equipment, 
computer, system, or network. 
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(ah) High-speed connection - A service that provides data connection to networks and 
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the Internet that has data rates faster than what is generally available to the general 
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public. 
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(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 
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than what is generally available to the general public. 
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(aj) Information - Data that can be readily understood by a user immediately upon 
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access, which may include but is not limited to text, pictures, video, or any combination 
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thereof. The word is synonymous to content. Data that is readable and usable only by 
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and between devices, computers, systems or networks, such as traffic data, is not 
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information. 
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(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 an individual 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 forins 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. 
(ii) 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 
preceding definitions and can be readily accessed- by -any interested member of the 
public. 
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(ak) Information and communications technology -
The integration of real-time 
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communication 
services, 
non-real-time 
communication 
services, 
and 
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telecommunications, computers, software, hardware, storage, and devices, which 
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enable users to access, store, transmit, and manipulate information. 
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(a I) Internet - The global system of interconnected computer networks linked by various 
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telecommunications technologies and that uses the standard internet protocol suite. 
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(am) Medium - A material used for specific purposes. 
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(i) Storage medium -
The phYSical material or device in which data or 
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information may be stored, which includes but is not limited to magnetic tape, disk 
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drives, flash devices, electrically erasable programmable read-only memory (EEPROM) 
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chips, optical media disks, punched cards, and paper. 
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(ii) Transmission medium -
The physical material through which a data 
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communication signal is transmitted, which includes but is not limited to twisted-pair 
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copper wire, coaxial cable, optical fiber, and air. 
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(an) Network - A collection of computers, devices, equipment, and other hardware 
interconnected by communication channels that allow sharing of resources and 
information. 
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(i) Open network - A network, such as the Internet, which allows any entity or 
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devi(;e to interconnect with freely at" any time and become ~ uS!iir or part of the 
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network, provided the entity or device uses the same or compatible communications 
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protocols, and which allows any user to cease interconnectivity with freely at any time, 
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provided the user does so in a manner that does not compromise the security protocols 
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of the open network or of other users. 
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(ii) Private network - A network which is operationally private by nature and not 
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univer~ally acce~sible by the general public. 
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(iii) Public network - A network which provides services to the general public. 
(ao) Offline - The state of being disconnected from the Internet or networks. 
(ap) Online - The state of being connected to the Internet or a network. 
(aq) Ownership - Ownership is defined by the Civil 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. 
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(ar) Physical plant - The building, structure, and infrastructure 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. 
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(at) Privacy -
May refer to any of these definitions, or a combination of these 
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definitions: 
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(i) the right guaranteed and protected by the Constitution; 
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(ii) the right of individuals to control or influence what personal information 
related to them may be collected, managed, retained, accessed, and used or 
distributed; 
(iii) 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"). 
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(au) Privilege - A right that, When granted to an entity, permits the entity to perform an 
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action. 
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(i) Privileged access - The completely unrestricted access of a user to the 
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resources of a device, computer, system, or network. 
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(ii) Privileged control - The completely unrestricted ability of a user to use the 
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resources, modify the configuration, and otherwise exert a directing influence on the 
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operation of a device, computer, system, or network. 
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(av) Processing - The act of performing functions or activities on data or information. 
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(I) Processing (Data Privacy Act) -
Any operation or any set of operations 
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performed upon personal, informa~iO!1 including, but. not limited to, the collection, 
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recording, organization, storage, updating or modification, retrieval, consultation, use, 
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consolidation, blocking, erasure or destruction of data. (RA 10173) 
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(ii) Data processing - Any process to enter data and summarize, analyze or 
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otherwise convert data into usable information. 
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(iii) Information processing - The transformation of information in one form to 
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information in another form through an algorithmic process. 
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(aw) Protocol- A defined set of procedures adopted to ensure communication, or a set 
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of rules for data transmission in a system interlinking several participants. 
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(ax) Publication - The act of making works available to the public by wire or wireless 
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means in such a way that interested members of the public may access these works 
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from a place and time individually chosen by them. 
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(ay) Script - A computer program or sequence of instructions that is interpreted or 
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carried out by another computer program instead of directly by a computer, deVice, or 
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equipment. 
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(az) Security - The ability to prevent fraud as well as the protection of information 
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availability, integrity and confidentiality. 
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(i) Security, behavioral - The use of laws, regulations, policies, procedures, 
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instructions and the like to influence or restrict behavior for purposes of maintaining 
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security. 
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(ii) Security, electronic - The use of computer programs, software,. code, scripts, 
devices, or equipment for purposes of maintaining security. 
(Ill) 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. 
(be) 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 
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and agencies, including but not limited to government owned or controlled corporations 
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or government corporate entities. 
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(bf) Telecommunications - A service or system of interconnected entities providing the 
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ability to exchange and interchange data between points or from a point to multiple 
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points. 
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(bg) Universal access - The provision of adequate and reliable facilities at reasonable 
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charges in all areas within Philippine jurisdiction, as far as is technologically sound and 
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practicable and subject only to technological and reasonable economic limitations, 
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without any discrimination on the basis of gender, sexual orientation, religious belief or 
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affiliation, political belief or affiliation, ethnic or regional affiliation, citizenship, or 
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nationality. 
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9 
10 
(bh) Upload - The transfer of data or information to the Internet or a network from a 
device or computer, initiated by the user. 
11 
(bi) Uptime -
The time a device, equipment, computer, or network can be left 
12 
unattended without suffering failure, or needing to be undergo administrative or 
13 
maintenance purposes. 
14 
15 
(bj) User - Any person, whether natural or juridical, or any entity that makes use of a 
16 
part or whole of the resources of a device, equipment, computer, system, network, 
17 
software, software application, code, or script. 
18 
19 
(bk) Virus -
Any computer program, code, or script that implements unauthorized 
20 
and/or undesirable changes to a device, computer, equipment, system, or network. For 
21 
purposes of this Act, the term may be used synonymously with malware, spyware, 
22 
worms, trojans, and the like. 
23 
24 
25 
Part 3. Internet Rights and Freedoms 
26 
27 
Section 4. Right to freedom of speech and expression on the Internet. -
28 
29 
(a) The State shall, within its jurisdiction: 
30 
31 
32 
33 
34 
35 
36 
37 
38 
(i) Protect and promote the freedom of speech and expression on the Internet; 
(ii) Protect the right of the people to petition the government via the Internet for 
redress of grievances; 
(iii) Protect the right of any person to publish material on or upload information 
to the Internet; and, 
39 
(iv) Not promote censorship or the restriction of the viewing of any content on 
40 
the Internet, until after the issuance of an appropriate Order pursuant to the provisions 
41 
ofth is Section 
42 
43 
44 
(b) A person's right to publish content on the Internet, or to remove one's own 
45 
published content or uploaded data, is recognized as integral to the constitutional right to free 
46 
expression and shall not be subject to any licensing requirement from the State. 
47 
11 


1 
(c) Any State action that constitutes prior restraint or subsequent punishment in 
2 
relation to one's Internet's rights shall be authorized only upon a judicial order issued in 
3 
conformity with the procedure provided under Section 5 of this Act. Provided, that 
4 
notwithstanding Section 5, any such judicial order issued upon motion of the Republic of the 
5 
Philippines, any of its political subdivisions or agencies including government-owned or 
6 
controlled corporations, shall be issued only upon the following grounds: 
7 
8 
(i) the nature of the material or information subject of the Order creates a clear 
9 
and present danger of a substantive evil that the state has a right or duty to prevent; 
10 
11 
(ii) the material or information subject of the Order is not protected expression 
12 
under the standards of the community or the audience toward which the material or 
13 
information is directed; and 
14 
15 
(iii) the publication ofthe material or the uploading of the information subject of 
16 
the Order will constitute a criminal act punishable by laws enumerated in Section 5 of 
17 
this Act. 
18 
19 
20 
(d) No person shall be compelled to remove published content or uploaded data from 
21 
the Internet that is beyond the said person's capacity to remove. The party seeking to compel 
22 
the removal of the content or data has the burden to prove that the person being compelled 
23 
has the capacity to remove from the Internet the speCific content or data. For purposes of tliis 
24 
section, content or data retained in web archives or mirror sites are presumed to be content 
25 
and data that is beyond the capacity of the person being compelled to remove. 
26 
27 
28 
Section 5. Promotion of universal access to the Internet. -
29 
30 
(a) The State shall, within its jurisdiction, protect and promote universal access to the 
31 
Internet. 
32 
33 
(b) A person's right to unrestricted access to the Internet may, upon discretion of the 
34 
appropriate Cybercrime Court whose jurisdiction is defined in this Act, be suspended as an 
35 
accessory penalty \.lpon final convictiOl1 for any of the following criminal offenses: 
36 
37 
(i) The felonies of robbery, theft, estafa, falsification, malversation, and 
38 
usurpation of authority or official functions, as defined in appropriate penal laws, 
39 
committed by through or using the Internet or information and communications 
40 
technology; 
41 
42 
(ii) Any criminal offense defined and punishable in the following special penal 
43 
laws: the Anti-Trafficking in Persons Act of 2003 (RA 9208), the Anti-Graft and Corrupt 
44 
Practices Act, the Code of Conduct and Ethical Standards for Public Officials and 
45 
Employees (RA 6713), the Anti-Money Laundering Act of 2001 (RA 9160), the Violence 
46 
Against Women and Children Act (RA 9262), the Special Protection of Children Against 
47 
Abuse, Exploitation, and Discrimination Act (RA 7610), the Child and Youth Welfare 
12 


1 
2 
3 
4 
5 
6 
7 
Code (PO 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 
(iii) Any criminal offense defined and punishable by this Act. 
8 
The right of person accused of any of the above offenses to unrestricted access to the 
9 
Internet may be suspended or limited by the court of competent jurisdiction pending final 
10 
judgment upon a showing, following notice and hearing, that there is a strong likelihood that 
11 
the accused will be able to facilitate the commission of the offense so charged unless such 
12 
order were issued. 
13 
14 
15 
(c) It is presumed that all persons have the right to unrestricted access to the Internet, 
16 
subject to the parameters established under this Act. Any voluntary restriction or waiver of 
17 
such right must be established by preponderance of evidence. 
18 
19 
Any final judicial relief that seeks to limit or suspend, in whole or in part, one's right to 
20 
unrestricted access to the Internet, shall be determined in accordance with the appropriate 
21 
law, including but not limited to the Civil Code and this Act. Any civil action that seeks as a 
22 
relief, in part or in whole, the limitation or suspension of a person's right to unrestricted access 
23 
to the Internet, shall be filed exclusively with the Cybercrime Courts. 
24 
25 
No court shall issue any provisional Order suspending the right to unrestricted access to 
26 
the Internet of any person without prior notice and hearing, and only upon the grounds for the 
27 
issuance of a preliminary injunction under the Rules of Court. 
28 
29 
(d) The authority of the State to suspend one's right to unrestricted Internet access is 
30 
confined solely to the courts of competent jurisdiction and may not be exercised by any 
31 
government agency, notwithstanding any contrary provisions of law. The right of the State to 
32 
infringe a person's right to unrestricted Interriet access shall be governed by Section 5 of this 
33 
Act. 
34 
35 
(e) No person or entities offering Internet access for free, for a fee, or as an extra 
36 
offering separate from the services already being offered, including but not limited to any hotel, 
37 
restaurant, commercial establishment, school. religious group, organization, or association, 
38 
shall restrict access to the Internet or any other public communications network from within its 
39 
private network, or limit the content that may be accessed by its employees, students, 
40 
members, or guests, without a reasonable ground related to the protection of the person or 
41 
entity from actual or legal threats, the privacy of others who may be accessing the network, or 
42 
the privacy or security of the network as provided for in the Data Privacy Act of 2012 (RA 
43 
10173) and this Act. 
44 
45 
(f) The State, through the Department of Information and Communication Technology in 
46 
coordination with the Department of Tourism, Commission on Higher Education, and Local 
47 
Government Units, shall provide free WIFI access in designated public areas. This provision 
13 


1 
does not prejudice the Department of Information and Communication Technology from 
2 
partnering with private entities to accomplish this goal. 
3 
(g) These public areas may include but not be limited to the following: 
4 
5 
6 
7 
8 
9 
10 
11 
12 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
common areas of local government offices; 
train stations; 
bus stations; 
tourism spots; 
National Heritage spots; 
public parks; and 
designated areas within State Universities and Colleges. 
13 
Section 6. Right to privileged access to and control of devices. -
14 
15 
(a) The State shall, within its jurisdiction, protect the right of a person to gain or attain 
16 
privileged access or control over any device over which the person has property rights. 
17 
18 
(b) Any person involved in the wholesale or retail of devices may install, implant, or 
19 
otherwise put in a device a component, a configuration, or code that shall restrict the operation 
20 
of a device; PrOVided, the installation or implantation is for the sole purpose of ensuring the 
21 
privacy or security of the interconnection or interoperability of the device with public or private 
22 
networks or Internet or information and communications technology infrastructure; Provided 
23 
further, that notice is provided to potential buyers of the device of the presence of the 
24 
component, configuration, and code; Provided further, that the buyer may request the removal 
25 
or modification of the component, configuration, or code prior to purchase from the seller and 
26 
shall assume all risks attendant to such removal or modification. Removal or modification of 
27 
the component, configuration, or code by any person except the seller, manufacturer, or duly 
28 
authorized representative may be cause for a waiver of the warranty of the device. 
29 
30 
(c) Unless otherwise provided by law, any person who has property rights over any 
31 
device may, by physical, electronic, or any other means, gain or attain privileged access or 
32 
control to such device; Provided, the gain or attainment of privileged access or control was not 
33 
intended to circumvent the protection of or cause the actual infringement on intellectual 
34 
property rights of another person. 
35 
36 
37 
Section 7. Protection of the freedom to innovate and create without permission. -
38 
39 
(a) The State shall, within its jurisdiction, protect and promote the freedom to innovate 
40 
and create without need for permission. No person shall restrict or deny another person the 
41 
right to develop new information and communications technologies, without due process of 
42 
law or authority vested by law. 
43 
44 
(b) Subject to such conditions as provided for in the Intellectual Property Code and 
45 
other relevant laws, no person shall be denied access to new information and communications 
14 


1 
technologies, nor shall any new information and communications technologies be blocked, 
2 
censored, suppressed, or otherwise restricted, without due process of law or authority vested 
3 
by law. 
4 
5 
(c) No person who shall have created, invented, innovated, or otherwise developed a 
6 
new information and communications technology shall be penalized for the actions of the users 
7 
of the new information and communications technology. 
8 
9 
10 
Section 8. Right to privacy of data. -
11 
12 
(a) The State shall, within its ju risdiction, promote the protection of the privacy of data 
13 
for all persons. 
14 
15 
(b) Any person shall have the right to employ means such as encryption or cryptography 
16 
to protect the privacy of the data or networks which such person owns or otherwise possesses 
17 
real rights over. 
18 
19 
(c) Subject to such conditions as provided for in the Data Privacy Act of 2012 (RA 10173) 
20 
and other relevant laws, no person shall access the private data of another person. 
21 
22 
(d) The State shall, within its jurisdiction, guarantee a person's right of privacy over his 
23 
or her data or network rights, and such person's rights employ reasonable means to protect 
24 
such right of privacy. 
25 
26 
(e) The State is required to ensure the appropriate level of privacy of the data and of the 
27 
networks maintained by it. Failure to do so shall be penalized by this Act and other relevant 
28 
laws. 
29 
30 
(f) Except upon a final ruling from the courts, issued in accordance with this act, no 
31 
person may compel an agency or instrumentality of the State maintaining data or networks to 
32 
reduce the level of privacy of the data or of the networks. 
33 
34 
35 
Section 9. Right to security of data. -
36 
37 
(a) The State shall, within its jurisdiction, promote the protection of the security of data 
38 
for all persons. 
39 
40 
(b) Any person shall have the right to employ means, whether physical, electronic, or 
41 
behavioral, to protect the security of his or her data or networks over which the person has 
42 
ownership. 
43 
44 
(c) No third party shall be granted access to the private data or networks of a person by 
45 
an Internet service provider, telecommunications entity, or such person providing Internet or 
46 
data services, except upon a final court order issued in accordance with Section 5 of this Act. It 
47 
shall be a condition precedent to the filing of such action for aCceSS to private data that the 
15 


1 
person owning such data be first properly notified of such a request by the Internet service 
2 
provider, telecommunications entity, or such person providing Internet or data services, and 
3 
that such person has refused to grant the requested access. A person shall not be deemed to 
4 
have been properly notified unless the person has acknowledged the notification of the request 
5 
for access and has agreed to grant or refuse access. 
6 
7 
(d) No third party granted the right to access the private data or networks of a person by 
8 
an Internet service provider, telecommunications entity, or other such person providing 
9 
Internet or data services, shall be given any property rights over the data being accessed, the 
10 
media where the private data is stored, the equipment through which the network is run or 
11 
maintained, or the physical plant where the network equipment is housed, beyond the right to 
12 
access the private data or network, unless otherwise granted such rights by the courts following 
13 
the appropriate action and final order. 
14 
15 
(e) No person shall be deprived of his or her device, network equipment, or physical 
16 
plant that may be the subject of an appropriate complaint filed in connection with this Act, 
17 
except: 
18 
19 
(ii) Upon a lawful warrant issued in connection with the appropriate criminal 
20 
case by the courts in accordance with the Rules of Court; PrOVided, that there must first 
21 
be a determination from the courts that the data, information, or contents cannot be 
22 
separated from the device, network equipment, or physical plant; and, 
23 
24 
(ii) Upon a final decision by the courts issued in accordance with Section 5 of this 
25 
Act. 
26 
27 
28 
(f) The State shall be required to ensure the appropriate level of security of the data and 
29 
of the networks, whether private or public, that it maintains. Failure to do so shall be penalized 
30 
by this Act and other relevant laws. 
31 
32 
(h) It shall be unlawful for any person to compel an agency or instrumentality of the 
33 
State maintaining data or networks to reduce the level of security of the data or of the 
34 
networks being maintained. 
35 
36 
37 
Section 10. Protection of intellectual property. -
38 
39 
(a) The State shall, within its jurisdiction, protect the intellectual property published on 
40 
the Internet of all persons,in accordance with the Intellectual Property Code of thE Philippines 
41 
(RA 8293), as amended, and other relevant laws. 
42 
43 
(b) It shall be presumed that any content published on the Internet is copyrighted, 
44 
unless otherwise explicitly provided for by the author, subject to such conditions as prOVided 
45 
for in the Intellectual Property Code of the Philippines (RA 8293), as amended, and other 
46 
relevant laws. 
47 
16 


1 
(c) Subject to the Intellectual Property Code of the Philippines (RA 8293), as amended, 
2 
and other relevant laws, no Internet service provider, telecommunications entity, or such 
3 
person providing Internet or data services shall have intellectual property rights over derivative 
4 
content that is the result of creation, invention, innovation, or modification by a person using 
5 
the service prOVided by the Internet service provider, telecommunications entity, or such 
6 
person providing Internet or data services, unless such content is a derivative work of content 
7 
already owned by or assigned to the Internet service provider, telecommunications entity, or 
8 
such person providing Internet or data services acting as a content provider. The exception to 
9 
the intellectual property rights of the person must be explicitly provided for via an end user 
10 
license agreement to which both parties have agreed, and the existence of the derivative 
11 
content must be dependent on the service provided by the Internet service provider, 
12 
telecommunications entity, or such person providing Internet or data services. 
13 
14 
(d) Notwithstanding existing provisions of law, it shall be presumed that the parents or 
15 
guardians of a minor shall have provided agreement and shall be bound to the terms of an end 
16 
user license agreement should the minor in their care Signify agreement to the end user license 
17 
agreement. 
18 
19 
(e) Notwithstanding existing provIsions of law, it shall be presumed that any 
20 
infringement of intellectual property rights by a minor was done with the knowledge and 
21 
consent of his parents or guardians. 
22 
23 
24 
Section 11. Protection of the Internet as an open network. -
25 
26 
(a) The State shall, within its jurisdiction, protect and promote the Internet as an open 
27 
network. 
28 
29 
(b) No person or entity shall restrict or deny the interconnection or interoperability of a 
30 
device, an equipment, or a network that is capable of such interconnection or interoperability 
31 
to the Internet, to other public networks, or to .other Internet service providers, 
32 
telecommunications entities, or other such persons providing Internet or data services, without 
33 
due process of law or authority vested by law. PrOVided, Customer premises equipment as 
34 
redefined by this Act, shall not be covered by the requirements under this Section. Provided, 
35 
further, The interoperability of a device, an equipment, or a network within a private network 
36 
may be restricted by the duly authorized system and/or network administrators of the private 
37 
network, subject to the provisions of the Data Privacy Act of 2012 (RA 10173) and other 
38 
relevant laws. 
39 
40 
41 
Section 12. Promotion of network neutrality. - No person or entity shall restrict the flow of data 
42 
or information on the Internet on the basis of content, nor shall any person institute and 
43 
employ means or methods to favor the flow of information on the Internet of one class of data 
44 
or information over another on the basis of content, except: 
45 
46 
(a) if the data or information whose flow is being favored is used to solely to manage 
47 
the security or service quality of a network, or of an Internet or data service, and; 
17 


1 
2 
(b) the data or information whose flow is being favored cannot be used for any other 
3 
purpose other than the management of security or service quality of the network. 
4 
5 
6 
Section 13. Promotion of the use of the Internet and information and communications 
7 
technology for purposes of transparency in governance and freedom of information. -
8 
9 
(a) The State recognizes that the Internet and ICT can facilitate the dissemination of 
10 
information and the promotion of transparency in governance. Therefore, subject to the 
11 
provisions of the Data Privacy Act of 2012 (RA10173) and applicable laws on government 
12 
information classification, the State shall, within practicable and economically reasonable limits, 
13 
provide for and maintain a system that shall allow the public to view and download public 
14 
information on plans, policies, programs, documents, and records of government. 
15 
16 
(b) The State shall publish and make available for download, in readily processed 
17 
formats, such as plain text documents, comma-separated values spreadsheets, or open 
18 
standard multimedia data, and its authenticity readily verifiable through a checksum standard 
19 
as determined by the Internet Engineering Task Force or a similar globally recognized standards 
20 
organization, the following government public information, in the interest of transparency and 
21 
good governance: 
22 
23 
(i) Audited financial statements, and budget and eKpenditure records; 
24 
25 
(ii) Statements of assets, liabilities, and net worth, as prescribed by the Code of 
26 
Conduct and Ethical Standards of Public Officials and Employees (RA 6713); 
27 
28 
(iii) Performance review results, as prescribed by the Anti-Red Tape Act of 2007 
29 
(RA 9485) and other relevant laws; 
30 
31 
(iv) laws, rules, regulations, memorandum circulars and orders, letters of 
32 
instruction, office orders, and other executive issuances required to be published in the 
33 
Official Gazette or submitted to the Office of the National Administrative Registrar, or 
34 
which are essential to the performance of duties of public officials and employees; and, 
35 
36 
(v) Other such information of the State that does not fall within any valid claim of 
37 
executive privilege. 
38 
39 
40 
(c) The State shall ensure that any format used for the files available for download are in 
41 
common use, platform independent, machine readable, or is based on an underlying open 
42 
standard, developed by an open community, affirmed and maintained by a standards body and 
43 
such open standard must be fully documented and publicly available. Such files must be: 
44 
45 
(i) In easily processed formats, such as plain text 'documents, comma-separated' 
46 
values spreadsheets, and open multimedia formats; 
47 
18 


1 
(ii) Without restrictions that would impede the re-use of that information; 
2 
Provided, that the State shall not be precluded from charging reasonable fees to cover 
3 
the cost of organizing, maintaining, and publishing such information; Provided further, 
4 
that the State shall not be precluded from publishing the information in supplemental 
5 
file formats as the public may so request; and, 
6 
7 
(ii) Have their authenticity verifiable through a checksum standard determined 
8 
by the Internet Engineering Task Force or similar globally reputable organization. 
9 
10 
11 
The Bureau of Product Standards of the Department of Trade and Industry shall be 
12 
responsible for setting the standards for the file formats to be used by the State in the 
13 
publication of government public information, in accordance with the provisions of this Act. 
14 
15 
(d) The State shall maintain websites or applications with mechanisms to allow for the 
16 
public to provide feedback, lodge complaints, or report instances of malfeasance or 
17 
misfeasance. Such mechanisms shall not disallow anonymous feedback, complaints, or reports, 
18 
and the State shall take appropriate steps to protect persons making feedback, complaints, or 
19 
reports from retaliation or persecution. 
20 
21 
22 
Part 4. The Dep<lrtment of Information and Communications Technology 
23 
24 
Section 14. The Department of Informotion and Communications Technology. -
25 
26 
(a) There is hereby created the Department of Information and Communications 
27 
Technology, or DICT. 
28 
29 
(b) The DICT shall be the primary policy, planning, coordinating, implementing, 
30 
regulating and administrative entity of the executive branch of the government that will plan, 
31 
promote and help develop the country's ICT sector and ensure reliable and cost-efficient 
32 
corr\n'lUnlcatlons facilities, other MultiMedia Infrastructure and services. The DICT shall likewise 
33 
be responsible for overseeing the government's integrated and strategic ICT systems and 
34 
improving the acquisition, utilization and optimi~ation of government's ICT in order to improve 
35 
the productivity, efficiency, effectiveness and responsiveness of national and local government 
36 
programs. The DICT shall furthermore be responsible for ensuring the application of ICT to the 
37 
various processes and functions of the government. 
38 
39 
40 
Section 15. Strategic objectives of the DIeT. - In fulfilling its mandate, the DICT shall be guided 
41 
by the following strategic objectives: 
42 
43 
(a) Ensure the provision of a strategic, reliable, cost-efficient and citizen-centric ICT 
44 
infrastructure, systems and resources 
as instruments of nation-building and global 
45 
competitiveness; 
46 
47 
(b) Foster a policy environment that will promote a broader market-led ICT and ICT-
19 


1 
enabled services sector, a level playing field, partnership between the public and the private 
2 
sectors, strategic alliance with foreign investors and balanced investments between high-
3 
growth and economically depressed areas; 
4 
5 
(c) Foster and accelerate the convergence of ICT facilities; 
6 
7 
(d) Ensure universal access and high-speed connectivity at fair and reasonable costs; 
8 
9 
(e) Ensure the availability and accessibility of ICT services in areas not adequately served 
10 
by the private sector; 
11 
12 
(f) Promote and encourage the widespread use, creative development and access to ICT 
13 
with priority consideration on the requirements for growth of the Philippine ICT industry; 
14 
15 
(g) Promote and assist the development of local and national content application and 
16 
services in the area of ICT by sourcing or providing funds and construction assistance for ICT-
17 
hubs and/or technical support to local-based providers in these endeavors and in the marketing 
18 
of the local products to the global community; 
19 
20 
(h) Establish a strong and effective regulatory and monitoring system that will ensure 
21 
investor and consumer protection and welfare, and foster a healthy competitive environment; 
22 
23 
(I) Promote the development of ICT expertise In the country's human capital to enable 
24 
Filipinos to compete in a fast-evolving information and communication age; 
25 
26 
(j) Ensure the growth of ICT and ICT-enabled industries; 
27 
28 
(k) Protect the rights of individuals to privacy and confidentiality of their personal 
29 
information; 
30 
31 
(I) Encourage the use of ICT in support of efforts or endeavors for the development and 
32 
promotion of the country's agriculture, arts and culture, history, education, public health and 
33 
safety, and other socio-civic purposes; 
34 
35 
(m) Ensure the security of ICT infrastructure and assets of individuals and businesses; 
36 
and 
37 
38 
(n) Empower, through the use of ICT, the disadvantaged segments of the population, 
39 
including persons with .disabilities (PWDs) or who are differently-abled. 
40 
41 
42 
Section 16. Powers and Functions of the DIeT. - To carry out its mandate, the DICT shall exercise 
43 
the following powers and functions: 
44 
45 
(a) Formulate, recommend and/or implement national policies and gUidelines in the ICT 
46 
sector that will promote Wider use and development of ICT, and its applications, such as e-
47 
commerce, in coordination with the Department of Trade and Industry (DTI), among others; 
20 


1 
2 
(b) Initiate, harmonize and/or coordinate all leT plans and initiatives of government 
3 
agencies to ensure overall consistency and harmony with e-governance objectives, in particular, 
4 
and national objectives, in general; 
5 
6 
(e) Represent and negotiate for Philippine interests on matters pertaining to leT in 
7 
international bodies; 
8 
9 
(d) Develop and maintain national ICT development plans and establish and administer 
10 
comprehensive and integrated programs for leT with due consideration to advances in 
11 
convergence and other emerging technologies; and for this purpose, invite any agency, 
12 
corporation or organization, whether public or private, whose development programs in leT are 
13 
integral parts thereof, to participate and assist in the preparation and implementation of 
14 
various leT programs for the benefit of the Filipino people; 
15 
16 
(e) Leverage resources and activities in the various National Government AgenCies 
17 
(NGAs) for database building activity, information and resource sharing and agency networking 
18 
linkages; 
19 
20 
(f) Design, implement and ensure the protection of an integrated government 
21 
information and communications infrastructure development program that will coordinate all 
22 
relevant government entities, taking into consideration the inventory of existing and projected 
23 
manpower, plans, programs, proposals, software and hardware, and the Installed systems and 
24 
programs; 
25 
26 
(g) Provide an integrated framework in order to optimize all government leT resources 
27 
and networks and the identification and prioritization of all e-governance systems and 
28 
applications as provided for in the Government Information Systems Plan and/or the Medium-
29 
Term Development Plan (MTDP); 
30 
31 
(h) Coordinate and support the generation and/or acquisition of all necessary resources 
32 
and facilities as may be appropriate in and for the development, marketing, growth and 
33 
competitiveness of the Philippine ICT and ICT-enabled services sector; 
34 
35 
(i) Develop, implement and improve, in coordination with concerned government 
36 
agencies and industry associations, the government's leT application capabilities and determine 
37 
the personnel qualification and other standards essential to the integrated and effective 
38 
development and operation of government information and communications infrastructure; 
39 
40 
(j) Encourage and establish gUidelines for private sector funding of ICT projects for 
41 
government agencies in order to fast-track said projects which provide reasonable cost-
42 
recovery mechanisms for the private sector including, but not limited to, build-operate-transfer 
43 
(BOT) and PubliC-Private Partnership (PPP) mechanisms; 
44 
45 
(k) Assess, review and provide direction to leT research and development programs of 
46 
the government in coordination with the Department of Science and Technology {DOST} and 
47 
other institutions concerned; 
21 


1 
2 
(I) Establish and prescribe rules and regulations for the establishment, operation and 
3 
maintenance of leT facilities in areas not adequately served by the private sector, in 
4 
consultation with the private business sector, local government units (LGUs) and the academe; 
5 
6 
(m) Administer and enforce all laws, standards, rules and regulations governing leT; 
7 
8 
(n) Ensure the protection of ICT -related intellectual property rights in coordination with 
9 
the Intellectual Property Office (lPO), the Optical Media Board (OMB) and other concerned 
10 
agencies; 
11 
12 
(0) Protect the rights of consumer and business users to privacy, security and 
13 
confidentiality in coordination with concerned agencies; 
14 
15 
(p) Harmonize, synchronize and coordinate with appropriate agencies all leT and e-
16 
commerce policies, plans and programs; 
17 
18 
(q) Coordinate with the DTI in the promotion of trade and investment opportunities in 
19 
ICT and ICT-enabled servicesj 
20 
21 
(r) PrOMote strategiC partnership and alliances aMong and between loeal and 
22 
international ICT firms and institutions, research and development, educational and training 
23 
in~titutions, and technology provh;lers, developers, and manufacturers to speed up industry 
24 
growth and enhance global competitiveness, in coordination with concerned agencies; 
25 
26 
(s) Plan and/or implement such activities as may be appropriate and/or necessary to 
27 
enhance the competitiveness of Philippine workers, firms and small-to-medium enterprises in 
28 
the global ICT market and ICT-enabled services market in coordination with concerned 
29 
agencies; 
30 
31 
(t) Undertake initiatives to promote ICT and ICT-enabled services in education and 
32 
training and the development, promotion and application of ICT in education in a manner that 
33 
is consistent with national goals and objectives, and responsive to the human resources needs 
34 
of the leT and ICT-enabled services sector in particular in coordination with concerned 
35 
agencies; 
36 
37 
(u) Maximize the use of existing government assets and infrastructure by encouraging 
38 
private sector investments and partnerships in its operation to achieve total digital inclusion 
39 
and access to the global information highway; and 
40 
41 
(v) Formulate guidelines and policies defining the manner of cooperation among 
42 
Internet service providers, telecommunications companies, and law enforcement agenCies 
43 
during offiCial investigations on violations of existing laws relating to leT. 
44 
45 
46 
Section 17. CompOSition of the DICT. -
47 
22 


1 
(a) The DICT shall be headed by a Secretary to be appointed by the President, subject to 
2 
confirmation by the Commission on Appointments. The President shall also appoint not more 
3 
than four (4) Undersecretaries and four (4) Assistant Secretaries. 
4 
5 
(b) Any person apPointed as a Secretary, Undersecretary, or Assistant Secretary of the 
6 
Department ml,lst be a Gitizen and resident of the Philippines, of good moral character, of 
7 
proven integrity and with at least seven (7) years of proven competence and expertise in either 
8 
of the following: information and communications technology, information technology service 
9 
management, information security management, cybersecurity, data privacy, e-commerce, or 
10 
human capital development. 
11 
12 
(c) At least one (1) of the Undersecretaries and one (1) of the Assistant Secretaries shall 
13 
be a Professional Electronics Engineer as provided for by RA 9292, as amended. At least one (1) 
14 
of the Undersecretaries and one (1) of the Assistant Secretaries shall be a member of the 
15 
Philippine Bar. The Assistant Secretaries referred to herein shall be career officers with 
16 
appropriate eligibilities as prescribed by the Civil Service Commission. 
17 
18 
19 
Section 18. Secretary Of ICT. - The authority and responsibility for the exercise of the mandate 
20 
of the DICT and for the discharge of its powers and functions shall be vested in the Secretary of 
21 
ICT, hereinafter referred to as the SICT, who shall have supervision and control over the DlCT. 
22 
For such purposes, the SICT shall: 
23 
24 
(a) Provide executive direction and supervision over the entire operations of the DICT 
25 
and its attached agencies; 
26 
27 
(b) Establish pOlicies and standards for the effective, efficient and economical operation 
28 
of the DlCT, in accordance with the programs ofthe government; 
29 
30 
(e) Rationalize delivery systems necessary for the effective attainment of the objectives 
31 
of the DICT, including the creation of such offices as may be necessary to ensure the fulfillment 
32 
of the DieT's mandate, subject to the approval of the Department of Budget and Management 
33 
(DBM); 
34 
35 
(d) Review and approve requests for financial and manpower resources of all operating 
36 
offices of the DICT; 
37 
38 
(e) Designate and/or appoint all officers and employees of the DICT, except the 
39 
Undersecretaries, ASSistant Secretaries, Regional and Assistant Regional Directors, and 
40 
Commissioners and Deputy Commissioners, in accordance with civil service laws, rules and 
41 
regulations; 
42 
43 
(f) Establish coordinative mechanisms to ensure the successful implementation of 
44 
national ICT policies, initiatives and guidelines in coordination with concerned government 
45 
units, LGUs, public and private interest groups, including nongovernment organizations (NGOs) 
46 
and people's organizations (POs); 
47 
23 


1 
(g) Advise the President on the promulgation of executive and administrative orders and 
2 
regulatory and legislative proposals on matters pertaining to ICT development and promotion; 
3 
4 
(h) Serve as member of the Government Procurement Policy Board as established by 
5 
Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act"; 
6 
7 
(i) Formulate such rules and regulations and exercise such other powers as may be 
8 
necessary to implement the objectives and purposes of this Act; and 
9 
10 
(j) Perform such other tasks as may be provided by law or assigned by the President 
11 
from time to time. 
12 
13 
14 
Section 19. Regional Offices. - Subject to the concurrence of the Department of Budget and 
15 
Management and the approval of the President, the DICT may be authorized to establish, 
16 
operate and maintain a regional office in each of the administrative regions of the country, as 
17 
the need arises. The regional office shall be headed by a Regional Director, who may be assisted 
18 
by one (I) Assistant Regional Director. The regional offices shall have, within their respective 
19 
administrative regions, the folloWing functions: 
20 
21 
(a) Implement laws, policies, plans, programs, projects, rules and regulations of the 
22 
Department; 
23 
24 
(b) Provide efficient and effective service to the people; 
25 
26 
(c) Coordinate with regional offices of other departments, offices and agencies; 
27 
28 
(d) Coordinate with LGUs; and 
29 
30 
31 
32 
(e) Perform such other functions as may be provided by law or assigned by the SICT. 
33 
Section 20. Periodic Performance Review. - The SICT is hereby required to formulate and 
34 
enforce a system of measuring and evaluating periodically and objectively the performance of 
35 
the DICT and to submit the same annually to the President and to appropriate congressional 
36 
committees. 
37 
38 
39 
Section 21. Cauncil of Chief Information Officers. - Every department and agency of the national 
40 
government or its equivalent office in any constitutional body, state college or university and 
41 
government-owned and -controlled corporation is hereby directed to appoint or designate at 
42 
least a third (3rd) ranking official as a Chief Information Officer. 
43 
44 
The Council of Chief Information Officers shall be composed of eleven (11) members 
45 
with fixed terms of office, to be appOinted by the SleT from sectoral representatives of 
46 
government departments, constitutional bodies, the academe, LGUs, professionallCT-oriented 
47 
organizations, and private sector ICT-oriented NGOs. The SICT shall be the Chairperson of the 
24 


1 
Council. 
2 
3 
The Council shall serve as a coordinating body to assist the 51CT in the establishment of 
4 
policies, standards, rules and guidelines for ICT initiatives. The Secretary shall convene the 
5 
Council en banc or by sector at least once every semester within a calendar year. 
6 
7 
8 
Section 22. National Telecommunication Commission. -
The National Telecommunications 
9 
Commission or its successor agency shall be attached to the DICT. It shall be responsible for the 
10 
development, implementation, and enforcement of regulations, standards, instructions, and 
11 
orders governing ICT infrastructure. The NTC shall be responsible for dispute resolution, and 
12 
administrative and quasi-judicial proceedings, in the event of civil violations of this Act. 
13 
14 
15 
Section 23. National Data Privacy Commission. - The National Data Privacy Commission, as 
16 
provided for by the Data Privacy Act of 2012 (RA 10173), as amended, shall be attached to the 
17 
DICT. It shall be responsible for the development, implementation, and enforcement of 
18 
regulations, standards, instructions, and orders governing data privacy and security. The NDPC 
19 
shall be responsible for dispute resolution, and administrative and quasi-judicial proceedings, in 
20 
the event of civil violations of this Act. 
21 
22 
23 
Section 24. ICT Legal Affairs Office. - The DICT shall establish an ICT Legal Affairs Office, 
24 
independent of the NTC and the NDPC, and independent of its other offices. The ICT Legal 
25 
Affairs office shall be responsible for providing technical assistance to state prosecutors in the 
26 
event of violations of this Act, and shall be responsible for the filing of cases against persons 
27 
performing violations of this Act. 
28 
29 
30 
Section 25. Telecommunications Office. - The Telecommunications Office or its successor 
31 
agency shall be attached to the DICT. It shall be responsible for development of national ICT 
32 
infrastructure primarily in and up to unserved and underserved areas, and the promotion of the 
33 
use of ICT infrastructure in unserved and underserved areas. The President may, at his 
34 
discretion, dissolve the Telecommunications Office for reasons of underperformance or 
35 
nonperformance. 
36 
37 
38 
Section 26. National Information and Communicotions Technology Institute. - The National 
39 
Computer Center and the National Telecommunications Training Institute shall be combined 
40 
into the National Information and Communications Technology Institute (NICTI). The NICTI shall 
41 
be attached to the DICT, and shall be primarily responsible for the development, discretion, and 
42 
control of information and communications technology as a national resource, such as the 
43 
acquisition and utilization of computers and related devices, data communications, information 
44 
systems, software development, ancl manpower, development. It,shall be tasked to coordinate . 
45 
all activities related to information technology development in the country, and shall be 
46 
primarily responsible for the training of government personnel in information and 
47 
communications technology. The NICTI shall also be tasked to ensure the implementation of an 
25 


1 
integrated national information and communications technology program. 
2 
3 
The President may, at his discretion, dissolve the National Information and 
4 
Communications Technology Institute for reasons of underperformance or nonperformance. 
5 
6 
7 
Section 27. Freedom of Information and the Official Gazette. - The DICT and the Official Gazette 
8 
may establish a clearinghouse for government public information, with the responsibility of 
9 
publishing online and periodically updating government public information, to promote 
10 
transparency and citizen engagement through the use of information and communications 
11 
technology. 
12 
13 
14 
Section 28. Compliance with RA 6656. - The laws and rules on government reorganization as 
15 
provided for in Republic Act No. 6656, otherwise known as the Reorganization Law, shall govern 
16 
the reorganization processes ofthe DICT. 
17 
18 
19 
Section 29. Sectoral and Industry Task Forces. - The DICT may create sectoral and industry task 
20 
forces, technical working groups, advisory bodies or committees for the furtherance of its 
21 
objectives. Additional private sector representatives, such as from the academe, the federation 
22 
of private industries directly involved in ICT, professional ICT-oriented organizations, as well as 
23 
other NGAs, LGUs and government-owned and -controlled corporations (GOCCs), may be 
24 
appointed to these working groups. Government IT profeSSionals may also be tapped to 
25 
partake in the work of the Department through these working groups. 
26 
27 
28 
Section 30. Structure and Staffing Pattern. - The DICT shall determine its organizational 
29 
structure and create new divisions or units as it may deem necessary, subject to the approval of 
30 
the DBM, and shall appoint officer5 and employees of the Department in a"ordance with the 
31 
Civil Service Law, rules and regulations. 
32 
33 
34 
Section 31. Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel in the 
35 
Government. - Employees of the DICT shall be covered by the Magna Carta for SCientists, 
36 
Engineers, Researchers and other SCience & Technology Personnel in the Government (RA 
37 
8439). 
38 
39 
40 
Section 32. Separation from ServIce. -
41 
42 
(a) Employees separated from the service as a result of the reorganization shall, within 
43 
ninety (90) days therefrom, receive the retirement benefits to which they may be entitled 
44 
under existing laws, rules and regulations. 
45 
46 
(b) Incumbents whose positions are not included in the new position structure and 
47 
staffing pattern of the DICT or who are not reappointed shall be deemed separated from the 
26 


1 
service, whether permanent, temporary, contractual or casual employees, and shall, within 
2 
ninety (90) days therefrom, receive the retirement benefits to which they may be entitled to 
3 
under existing laws, rules and regulations. 
4 
5 
6 
7 
Part 5. Regulations for the Promotion of Internet Rights and Freedoms. 
8 
Section 33. Dec/aration of Compliance with Treaty Obligations and· International Conventions. -
9 
10 
(a) The State recognizes that the Internet itself is possible through the standardization of 
11 
units across multiple jurisdictions. 
12 
13 
(b) The standards for networks and the Internet, as set by the International 
14 
Telecommunications Union (ITU), the Internet Engineering Task Force (IETF), the World Wide 
15 
Web Consortium (WWWC), and the Internet Corporation for Assigned Numbers and Names 
16 
(ICANN), and their successors-in-interest are hereby adopted. No agency or instrumentality of 
17 
the State shall issue rules and regulations contrary to these. 
18 
19 
(c) The State recognizes that the rights and obligations in the use of networks and the 
20 
Internet that shall be guaranteed and imposed by this Act are subject to its treaty obligations 
21 
and obligations under instruments of international law. 
22 
23 
(d) The State reaffirms its compliance to the treaties and international conventions to 
24 
which it is a signatory, to wit, the International Covenant on Civil and Political Rights (ICCPR), 
25 
the International Covenant on Economic, Social, and Cultural Rights (lCESCR), the Convention 
26 
on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Racial 
27 
Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination 
28 
Against Women (CEDAW), the Convention on the Rights of Persons with Disabilities (CRPD), the 
29 
United Nations Convention against Transnational Organized Crime, the United Nations 
30 
Convention against corruption, the Geneva Convention, the United Nations Convention on 
31 
Certain Conventional Weapons, the Rome Statute of the International Criminal Court, the 
32 
Convention on Cybercrime (Budapest Convention), and the General Agreement on Tariffs and 
33 
Trade (GATT), among others. No agency or instrumentality of the State shall issue rules and 
34 
regulations governing the use of networks and the Internet contrary to these. 
35 
36 
(e) The State shall keep abreast with and be guided by developments of the Internet and 
37 
of information and communications technology under international law and shall continually 
38 
design and implement policies, laws, and other measures to promote the objectives of this Act. 
39 
40 
41 
Section 34. The State as the Primary Duty Bearer. - The State, as the primary duty-bearer, shall 
42 
uphold constitutional rights, privileges, guarantees, and obligations in the development and 
43 
implementation of policies related to the Internet and information and communication 
44 
technology. The State shall fulfill this duty through law, policy, regulatory instruments, 
45 
administrative gUidelines, and other appropriate measures, including temporary special 
46 
measures. 
47 
27 


1 
2 
Section 35. Duties of the State Agencies and Instrumentalities. -
3 
4 
(a) Internet and Information and Communications Technology Policy. -
Subject to 
5 
provisions of this Act, the Department of Information and Communications Technology shall be 
6 
the lead agency for oversight OVer the development and implementation of plans, policies, 
7 
programs, measures, and mechanisms in the use of the Internet and information and 
8 
communications technology in the Philippines. 
9 
10 
(b) Cybercrime Law Enforcement. - Subject to provisions of this Act, the Department of 
11 
Justice, The Department of Interior and Local Government, the Department of Social Welfare 
12 
and Development, the Department of Information and Communications Technology, the 
13 
National Bureau of Investigation, and the Philippine National Police shall be jointly responsible 
14 
over the development and implementation of plans, policies, programs, measures, and 
15 
mechanisms for cybercrime law enforcement in the Philippines. 
16 
17 
(c) Cyberdefense and National Cybersecurity. - Subject to provisions of this Act, the 
18 
Department of National Defense shall be the lead agency for oversight over the development 
19 
and implementation of plans, policies, programs, measures, mechanisms, and weapons for 
20 
national cyberdefense and cybersecurity. 
21 
22 
(d) Information and Communications Technology Infrastructure Development. -
23 
24 
(i) Subject to provisions of this Act, the Department of Information and 
25 
Communications Technology shall have responsibility to develop and implement plans, 
26 
policies, programs, measures, and mechanisms for the development of information and 
27 
communications technology infrastructure in the Philippines and the promotion of 
28 
investment opportunities to this end. 
29 
30 
(ii) ICT infrastructure and facilities, including the civil works components thereof, 
31 
fall within private sector infrastructure or development projects as defined under 
32 
Republic Act No. 6957, as amended by Republic Act No. 7718, and may, upon the 
33 
discretion of the National Government or local government units, be the subject of the 
34 
contractual arrangements authorized under the said law. Provided, that the DICT shall 
35 
be the implementing agency of such projects to be implemented by the national 
36 
government; Provided, further, that the DICT shall have the right to require its prior 
37 
concurrence to such projects implemented by local government units, through duly 
38 
promulgated regulations that specify, among others, the requisite threshold contract 
39 
prices that would require prior concurrence of the DlCT. 
40 
41 
(iii) The procurement by the national government or by local governments of 
42 
ICT-related goods and services which will not be implemented under Republic Act No. 
43 
6957, as amended by Republic Act No. 7718, shall be governed by Republic Act No. 
44 
9184. 
45 
46 
(iv) The development and operation of information and communications 
47 
technology infrastructure and facilities is hereby declared as a preferred area of 
28 


1 
investment and shall be included in the annual Investment Priority Plan issued in 
2 
accordance with the Omnibus Investments Code. Subject to the contrary factual 
3 
determination of the Board of Investments, an entity involved in the development and 
4 
operation of information and communications technology infrastructure and facilities is 
5 
presumed to be entitled to register as a registered enterprise under the Investment 
6 
Priorities Plan; Provided, that an enterprise that proposes to operate a public utility or 
7 
public service shall be subject to the equity requirements imposed by the Constitution 
8 
and by applicable laws; Provided, fLirther, that any such entity which intends to operate 
9 
in a special economic zone or in a tourism economic zone as defined by applicable law 
10 
shall be entitled to receive the additional investment incentives granted to such zone-
11 
registered enterprises in accordance with the applicable law; Provided, final/y, that 
12 
nothing in this Section shall be construed to limit the available incentives to which an 
13 
entity may be entitled to under Republic Act No. 6957, as amended. 
14 
15 
(v) The implementing rules of the registration of the entity involved in the 
16 
development or operation information and communications technology as well as the 
17 
incentives provided herein shall be developed by the Board of Investments together 
18 
with the DICT and the Department of Finance. 
19 
20 
(vi) Subject to jOint oversight by the DlCT, the DOF, the Department of Budget 
21 
and Management, and the Commission on Audit, the NEDA may establish a venture 
22 
capital corporation to encourage research and development of information and 
23 
communications technology In the Philippines. 
24 
25 
26 
(e) Human Resources, Skills and Technology Development for Information and 
27 
Communications Technology. - Subject to provisions of this Act, the Department of Information 
28 
and Communications Technology, the Department of Science and Technology, and the 
29 
Technical Education and Skills Development Authority shall have the joint responsibility to 
30 
develop and implement plans, policies, programs, measures, and mechanisms for the 
31 
development of human resources, skills development, and technology development for 
32 
information and communications technology infrastructure in the Philippines. 
33 
34 
(f) Information and Communications Technology Education. - Subject to provisions of 
35 
this Act, the Department of Information and Communications Technology, the Department of 
36 
Education, and the Commission on Higher Education shall have the joint responsibility to 
37 
develop ,md implement plans, policies, programs, measures, and mechanisms for information 
38 
and communications technology education in the Philippines. 
39 
40 
(g) Intellectuol Property Rights Protection in Cyberspace. - Subject to provisions of this 
41 
Act and other relevant laws, the Intellectual Property Office shall, within Philippine jurisdiction, 
42 
be primarily responsible for the protection of intellectual property rights in cyberspace. As 
43 
official registrar and repository of copies of published works, the National Library and the 
44 
National Archives shall aSSist the Intellectual Property Office in the protection of copyright. 
45 
46 
47 
Section 36. Amendments to the Public Telecommunications Policy Act o/the Philippines.-
29 


1 
2 
(a) Jurisdiction over the provision and regulation of Internet and information and 
3 
communications technology services shall be vested with the National Telecommunications 
4 
Commission, in accordance with the succeeding provisions. 
5 
6 
(b) Article III, Section 5 of Public Telecommunications Policy Act of the Philippines (RA 
7 
7925) is hereby amended to read: 
8 
9 
Section 5. Responsibilities of the National Telecommunications Commission. - The 
10 
National Telecommunications Commission (Commission) shall be the principal 
11 
administrator of this Act and as such shall take the necessary measures to implement 
12 
the policies and objectives set forth in this Act. Accordingly, in addition to its existing 
13 
functions, the Commission shall be responsible for the following: 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
~5 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
a) Adopt an administrative process which would facilitate the entry of 
qualified service providers and adopt a pricing policy which would generate 
sufficient returns 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 international radio, 
telecommunications, NETWORK, AND INTERNET organizations to which the 
Philippines is a signatory; 
c) 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 interconnection and at a reasonable and fair level of charges, 
which make prOVision for the cross subSidy to unprofitable local exchange 
service areas so as to promote telephone [density], MOBilE PHONE, NETWORK, 
AND BROADBAND DENSITY and prpvide the most extensive access to basic 
telecommunications, NETWORK, AND INTERNET services available at affordable 
rates to the public; 
xxx 
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 
30 


1 
2 
3 
(b) Article III, Section 6 of the Public Telecommunications Policy Act of the Philippines is 
4 
hereby amended to read: 
5 
6 
Section 6. Responsibilities of and Limitations to Department Powers. - The 
7 
Department of [Transportation and Communications (DOTC)] INFORMATION AND 
8 
COMMUNICATIONS TECHNOLOGY (DICT) shall not exercise any power which will tend 
9 
to influence or effect a review or a modification of the Commission's quasi-judicial 
10 
functions. 
11 
12 
In coordination with the Commission, however, the Department shall, in 
13 
accordance with the policies enunciated in this Act, be responsible for: 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
xxx 
c) the representation and promotion of Philippine interests 
in 
international bodies, and the negotiation ofthe nation's rights and obligations in 
international 
[telecommunications] 
INFORMATION 
TECHNOLOGY, 
COMMUNICATIONS, NETWORK, AND INTERNET matters; and 
d) the operation of a national consultative forum to facilitate interaction 
amongst 
the 
[telecommunications 
industries] 
INFORMATION, 
COMMUNICATIONS, NETWORK, AND INTERNET INDUSTRIES, USER GROUPS, 
academic and research institutions in the airing and resolution of important 
issues in the field of [communications) TELECOMMUNICATIONS AND THE 
INTERNET. 
xxx 
31 
(e) Article IV of the Public Telecommunications Policy Act of the Philippines is hereby 
32 
amended to include the following provisions: 
33 
34 
SECTION 10A. LOCAL INTERNET SERVICE PROVIDER. -
A LOCAL INTERNET 
35 
SERVICE PROVIDER SHALL: 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
(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 
31 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
REQUIRED BY SUCH ENTITIES. 
(e) 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. 
12 
PROVIDED THAT THE SERVICE IT PROVIDES IS SOLELY DEPENDENT ON EXISTING 
13 
NETWORKS BEING OPERATED AND MAINTAINED BY AT LEAST ONE OTHER 
14 
TELECOMMUNICATIONS ENTITY, A LOCAL INTERNET SERVICE PROVIDER NEED NOT 
15 
SECURE A FRANCHISE. 
16 
17 
A CABLE TV FRANCHISE MAY PROVIDE LOCAL INTERNET CONNECTION, 
18 
NETWORK, OR DATA TRANSMISSION SERVICES WITHOUT A SEPARATE FRANCHISE; 
19 
PROVIDED, THAT THE OPERATION OF INTERNET CONNECTION, NETWORK, OR DATA 
20 
TRANSMISSION SERVICE BY THE CABLE TV FRANCHISE SHALL BE GOVERNED BY THIS 
21 
ACT AND OTHER RELEVANT LAWS. 
22 
23 
THE 
PROVISION 
OF 
INTERNET 
CONNECTION, 
NETWORK, 
OR 
DATA 
24 
TRANSMISSION SERVICES SHALL BE ALSO BE GOVERNED BY THE PUBLIC SERVICE ACT, 
25 
AS AMENDED, AND OTHER RELEVANT LAWS GOVERNING UTILITIES. 
26 
27 
SECTION lOB. INTERNET EXCHANGE. - THE NUMBER OF ENTITIES ALLOWED TO 
28 
PROVIDE INTERNET EXCHANGE SERVICES SHALL NOT BE LIMITED, AND AS A MAnER 
29 
OF POLICY, WHERE IT IS ECONOMICALLY VIABLE, AT LEAST TWO (2) INTERNET 
30 
EXCHANGES SHALL BE AUTHORIZED: PROVIDED, HOWEVER, THAT A LOCAL INTERNET 
31 
SERVICE PROVIDER SHALL NOT BE RESTRICTED FROM OPERATING ITS OWN INTERNET 
32 
EXCHANGE SERVICE IF ITS VIABILITY IS DEPENDENT THERETO. SUCH INTERNET 
33 
EXCHANGE SHALL HAVE THE FOLLOWING OBLIGATIONS: 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
(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 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. 
(e) 
IT 
SHALL 
COMPLY 
WITH 
INTERNATIONAL 
AND 
GENERIC 
32 


1 
ENGINEERING 
REQUIREMENTS 
AND 
STANDARDS 
OF 
OPERATION 
FOR 
2 
INTERNET EXCHANGES. 
3 
4 
SECTION 10C. INTERNET DATA CENTER. - THE NUMBER OF ENTITIES ALLOWED 
5 
TO PROVIDE INTERNET DATA CENTER SERVICES SHALL NOT BE LIMITED, AND AS A 
6 
MATTER OF POLICY, WHERE IT IS ECONOMICALLY VIABLE, AT LEAST TWO (2) INTERNET 
7 
DATA CENTERS SHALL BE AUTHORIZED: PROVIDED, HOWEVER, THAT A LOCAL 
8 
INTERNET SERVICE PROVIDER OR CONTENT PROVIDER SHALL NOT BE RESTRICTED 
9 
FROM OPERATING ITS OWN INTERNET DATA CENTER IF ITS VIABILITY IS DEPENDENT 
10 
THERETO. SUCH INTERNET DATA CENTER SHALL HAVE THE FOLLOWING OBLIGATIONS: 
11 
12 
(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET DATA CENTERS 
13 
IN THE SAME CATEGORY AND WITH ALL LOCAL INTERNET SERVICE PROVIDERS 
14 
AND OTHER TELECOMMUNICATIONS ENTITIES, UPON APPLICATION AND 
15 
WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND REASONABLE 
16 
LEVEL CHARGES, IN ORDER THAT INTERNET AND NETWORK SERVICES ARE 
17 
MADE POSSIBLE; AND 
18 
19 
(B) IT SHALL HAVE THE RIGHT TO ESTABLISH AND OPERATE ITS OWN 
20 
NETWORK FACILITIES THROUGH WHICH INTERNATIONAL NETWORKS OR 
21 
INTERNATIONAL GATEWAY FACILITIES SHALL BE ABLE TO COURSE THEIR 
22 
MESSAGES OR SIGNALS. 
23 
24 
(C) 
IT 
SHALL 
COMPLY 
WITH 
INTERNATIONAL 
AND 
GENERIC 
25 
ENGINEERING 
REQUIREMENTS 
AND 
STANDARDS 
OF 
OPERATION 
FOR 
26 
NETWORK AND DATA CENTERS. 
27 
28 
SECTION 100. INTERNET GATEWAY FACILITY. -
ONLY ENTITIES WHICH WILL 
29 
PROVIDE INTERNET EXCHANGE SERVICES OR INTERNET DATA CENTER SERVICES, AND 
30· 
CAN DEMONSTRABLY SHOW TECHNICAL AND FINANCIAL CAPABILITY TO INSTALL AND 
31 
OPERATE AN INTERNATIONAL GATEWAY FACILITY, SHALL BE ALLOWED TO OPERATE 
32 
AS AN INTERNET GATEWAY FACILITY. 
33 
34 
THE ENTITY SO ALLOWED SHALL BE REQUIRED TO PRODUCE A FIRM 
. 
. 
-
35 
CORRESPONDENT OR INTERCONNECTION RELATIONSHIPS WITH MAJOR OVERSEAS 
36 
TELECOMMUNICATIONS AUTHORITIES, CARRIERS, OVERSEAS INTERNET GATEWAYS, 
37 
NETWORKS, AND INTERNET SERVICE PROVIDERS WITHIN ONE (1) YEAR FROM THE 
38 
GRANT OF THE AUTHORITY. 
39 
40 
THE 
INTERNET 
GATEWAY 
FACILITY 
SHALL 
ALSO 
COMPLY 
WITH 
ITS 
41 
OBLIGATIONS TO PROVIDE INTERNET EXCHANGE SERVICES IN UNSERVED OR 
42 
UNDERSERVED AREAS WITHIN THREE (3) YEARS FROM THE GRANT OF THE AUTHORITY 
43 
AS REQUIRED BY EXISTING REGULATIONS: PROVIDED, HOWEVER, THAT SAID 
44 
INTERNET GATEWAY FACILITY SHALL BE DEEMED TO HAVE COMPLIED WITH THE SAID 
45 
OBLIGATION IN THE EVENT IT ALLOWS AN AFFILIATE THEREOF TO ASSUME SUCH 
46 
OBLIGATION AND WHO COMPLIES THEREWITH. 
47 
33 


1 
FAILURE TO COMPLY WITH THE ABOVE OBLIGATIONS SHALL BE A CAUSE TO 
2 
CANCEL ITS AUTHORITY OR PERMIT TO OPERATE AS AN INTERNET GATEWAY FACILITY. 
3 
4 
SECTION 10E. CONTENT PROVIDER. -
EXCEPT FOR BUSINESS PERMITS AND 
5 
OTHER REGULATORY REQUIREMENTS AS PROVIDED FOR BY THE CONSUMER ACT OF 
6 
THE PHILIPPINES, AS AMENDED, AND OTHER RELEVANT LAWS, AND PROVIDED THAT 
7 
THE TRANSMISSION OF ITS CONTENT IS SOLELY DEPENDENT ON EXISTING NETWORKS 
8 
BEING 
OPERATED 
AND 
MAINTAINED 
BY 
AT 
LEAST 
ONE 
OTHER 
9 
TELECOMMUNICATIONS ENTITY, A CONTENT PROVIDER FOR COMMERCIAL OR NON-
10 
COMMERCIAL PURPOSES NEED NOT SECURE A FRANCHISE, LICENSE, OR PERMIT TO 
11 
OPERATE IN THE PHILIPPINES. 
12 
13 
SUBJECT TO THE NATURE OF THE CONTENT THAT IS PROVIDED BY THE 
14 
CONTENT PROVIDER FOR COMMERCIAL PURPOSES, LAWS SUCH AS PAGCOR CHARTER, 
15 
AS AMENDED, THE MTRCB CHARTER, AS AMENDED, AND OTHER RELEVANT LAWS, 
16 
SHALL BE DEEMED APPLICABLE TO THE CONTENT PROVIDER. 
17 
18 
19 
(d) Article IV, Section 11 of the Public Telecommunications Policy Act of the Philippines 
20 
is hereby amended to read: 
21 
22 
Section 11. Value-added Service Provider. - Provided that [it does not put up its 
23 
own network] THE SERVICE IT PROVIDES IS SOLELY DEPENDENT ON EXISTING 
24 
NETWORKS BEING OPERATED AND MAINTAINED BY AT LEAST ONE OTHER 
25 
TELECOMMUNICATIONS ENTITY, a VAS provider need not secure a franchise. A VAS 
26 
provider shall' be allowed to competitively offer its services and/or expertise, and lease 
27 
or rent telecommunications equipment and facilities necessary to provide such 
28 
specialized services, in the domestic and/or international market in accordance with 
29 
network compatibility. 
30 
31 
Telecommunications entities may provide VAS, subject to the additional 
32 
requirements that: 
33 
34 
(a) prior approval of the Commission is secured to ensure that such VAS 
35 
offerings are not cross-subsidized from the proceeds of their utility operations; 
36 
37 
38 
39 
40 
41 
(b) other providers of VAS are not discriminated against in rates nor 
denied equitable access to their facilities; and, 
(c) separate books of accounts are maintained for the VAS. 
42 
THE PROVISION OF HIGH-SPEED OR HIGH-VOLUME INTERNET CONNECTION OR 
43 
DATA TRANSMISSION SERVICES AS A SERVICE SEPARATE FROM NORMAL INTERNET 
44 
CONNECTION OR DATA TRANSMISSION SERVICES SHALL NOT BE CLASSED AS A VALUE-
45 
ADDED SERVICE. 
46 
47 
34 


1 
(e) Article V, Section 14 of the Public Telecommunications Policy Act of the Philippines is 
2 
hereby amended to read: 
3 
4 
Section 14. Customer Premises Equipment. - Telecommunications subscribers 
5 
AND INTERNET AND NETWORK USERS shall be allowed to use within their premises 
6 
terminal equipment, such as telephone, PABX, facsimile, SUBSCRIBER IDENTIFICATION 
7 
MODULE (SIM) CARDS, data, record, message and other special purpose or multi-
8 
function telecommunication terminal equipment intended for such connection: 
9 
Provided, that the equipment is type-approved by the Commission. 
10 
11 
UNLESS DESIGNED AND MANUFACTURED AS SUCH WITHOUT NEED FOR A 
12 
SPECIAL REQUEST BY A TELECOMMUNICATIONS ENTITY, NO CUSTOMER PREMISES 
13 
EQUIPMENT SHALL BE RESTRICTED FROM INTERCONNECTING TO A NETWORK OR TO 
14 
THE 
INTERNET, 
OR 
INTEROPERABILITY 
WITH 
OTHER 
CUSTOMER 
PREMISES 
15 
EQUIPMENT, NETWORK EQUIPMENT, DATA STORAGE EQUIPMENT, OR OTHER 
16 
DEVICES OR EQUIPMENT THAT MAY BE NORMALLY INTERCONNECTED WITH OR MAY 
17 
NORMALLY ENJOY INTEROPERABILITY WITH, AS APPLICABLE; PROVIDED, HOWEVER, 
18 
THAT IN THE COURSE OF NORMAL OPERATIONS SUCH INTERCONNECTION OR 
19 
INTEROPERABILITY SHALL NOT COMPROMISE DATA OR NETWORK PRIVACY OR 
20 
SECURITY. 
21 
22 
23 
(f) Article VII, Section 20 of The Public Telecommunications Policy Act of the Philippines 
24 
is hereby amended to read: 
25 
26 
Section 20. Rights of End-Users. - The user of telecommunications, INTERNET, 
27 
NETWORK, OR DATA TRANSMISSION service shall have the following basic rights: 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
xxx 
(C) 
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; 
(d) 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; 
(f) 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 
35 


1 
FACILITIES OR THE INTERNET, WHICH SHALL INCLUDE BUT SHALL NOT BE 
2 
LIMITED TO VOICE CALLS, SHORT MESSAGE SERVICE (SMS) MESSAGES, 
3 
MULTIMEDIA MESSAGE SERVICE (MMS) MESSAGES, OR EMAIL, and shall keep a 
4 
record of all [written or phoned-in] complaints received and the actions taken to 
5 
address these complaints; 
6 
7 
SUBJECT TO THE FILING OF A FORMAL REQUEST TO THE UTILITY, A USER MAY 
8 
REQUEST THE IMMEDIATE TERMINATION OF SERVICE, WITHOl,JT THE IMPOSITION OF 
9 
FEES OR PENALTIES, AND WITH THE REFUND OF ANY FEES OR CHARGES ALREADY PAID 
10 
BY THE USER, SHOULD A UTILITY NOT CONSISTENTLY COMPLY WITH PRECEDING 
11 
PARAGRAPHS (All (D), (E), (F), OR ANY OTHER MINIMUM PERFORMANCE STANDARDS 
12 
SET BYTHE COMMISSION. 
14 
SUBJECT TO STANDARDS SET BY THE COMMISSION, REASONABLE FEES O~ 
15 
PENALTIES MAY BE IMPOSED BY THE UTILITY, OR MAY BE DEDUCTED FROM ANY FEES 
16 
OR CHARGES ALREADY PAID BY THE USER, SHOULD A USER REQUEST THE IMMEDIATE 
17 
TERMINATION OF SERVICE; PROVIDED THAT: 
." 
19 
20 
21 
23 
24 
<.v 
27 
28 
29 
30 
31 
32 
33 
35 
36 
(1) THE UTILITY IS ABLE TO SHOW THAT THE REQUEST IS NOT 6AS"u v;. 
A NONCOMPLIANCE WITH PRECEDING PARAGRAPHS IAI. 1Dl. lEt IFI. OR ANY 
OTHER MINIMUM PERFORMANCE STANDARDS SET BY THE COMMISSION; OR, 
(2) THE UTILITY HAS EVIDENCE THAT THE NON-COMPLIANCE HAS NOT 
RECURRED. IS NOT RECURRING. NOR WILL RECUR IN THE FUTURE: OR THE 
u';Li,i nAS C:ViLiC:i1iCC: THAT THE NOi .. COiviPLiANCE WAS DUE TO FACTORS 
BEYOND ITS CONTROL; OR THE UTILITY HAS PROVIDED IMMEDIATE REFUND 
OR REBATE TO THE IISER L1PON OfTFCTlON OF THF NONCOMPIIANCF: OR TI-"'~ 
UTILITY HAS EVIDENCE THAT IT HAS EXERTED ITS BEST EFFORTS TO RESOLVE 
THE NONCOMPLIANCE AND RESTORE THE SERVICE TO THE LEVEL AGREED 
BETWEEN 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 V~ 
FEES OR PENALTIES, AND REFUND ANY FEES OR CHARGES ALREADY PAID B~. 
THE USER WITHOUT NEED FOR DEMAND SHOULD THE SERVICE NOT BE 
RESTORED WITHIN THE SEVEN (7) DAY PERIOD, WITHIN THREE (3) DAYS AFTER 
THE TERMINATION OF SERVICE. 
38 
SUBJECT TO STANDARDS SET BY THE COMMISSION, PENALTIES MAY Ek 
39 
IMPOSED ON A UTILITY THAT IS UNABLE TO COMPLY WITH PRECEDING PARAGRAPHS 
40 
(B) AND (C). THE COMMISSION MAY IMPOSE ADDITIONAL PENALTIES IF THE UTILITY 
41 
DOES NOT REFUND ANY DEPOSITS, FEES, OR CHARGES ALREADY PAID BY THE USER 
42 
WITHOUT NEED FOR DEMAND WITHIN THREE (3) DAYS AFTER THE DEADLINE AGREED 
43 
UPON BETWEEN THE USER AND THE UTILITY. 
44 
46 
Section 37. Quality oj Service and Network Fair Use. -
47 
36 


1 
(a) No Internet service provider, Internet exchange, Internet data center, Internet 
2 
gateway facility, telecommunications entity, or person providing Internet connection, network, 
3 
or data transmission services shall: 
4 
5 
(i) Fail to provide a service, or network services on reasonable, and 
6 
nondiscriminatory terms and conditions such that any person can offer or provide 
7 
content, applications, or services to or over the network in a manner that is at least 
8 
equal to the manner in which the provider or its affiliates offer content, applications, 
9 
and services free of any surcharge on the basis of the content, application, or service; 
10 
11 
(ii) Refuse to interconnect facilities with other facilities of another provider of 
12 
network services on reasonable, and nondiscriminatory terms or conditions; 
13 
14 
(iii) Block, impair, or discriminate against, or to interfere with the ability of any 
15 
person to use a network service to access, to use, to send, to receive, or to offer lawful 
16 
content, applications, or services over the Internet; 
17 
18 
(iv) Impose an additional charge to avoid any conduct that is prohibited by 
19 
subscription; 
20 
21 
(v) Prohibit a user from attaching or using a device on the Internet service 
22 
provider's network that does not physically damage or materially degrade other users' 
23 
utilization of the network; 
24 
25 
(vi) Fail to clearly and conspicuously disclose to users, in plain language, accurate 
26 
information concerning any terms, conditions, or limitations on the network service; or, 
27 
28 
29 
30 
31 
32 
33 
(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. 
34 
(b) Nothing in this section shall be construed as to prevent an Internet service provider, 
35 
Internet exchange, Internet data center, Internet gateway facility, telecommunications entity, 
36 
or person providing Internet connection, network, or data transmission services from taking 
37 
reasonable and nondiscriminatory measures: 
38 
39 
(i) To manage the function of a network on a system-wide basis, provided that 
40 
such management function does not result in the discrimination between content, 
41 
application, or services offered by the provider or user; 
42 
43 
(ii) To give priority to emergency communications; 
44 
45 
(iii) To prevent a violation of law; or to comply with an order of the court 
46 
enforcing such law; 
47 
37 


1 
2 
3 
4 
5 
6 
(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. 
7 
(c) An Internet service provider, Internet exchange, Internet data center, Internet 
8 
gateway facility, telecommunications entity, or person providing Internet connection, network, 
9 
or data transmission services may provide for different levels of availability, uptime, or other 
10 
service quality standards set by the NatiQnal Telecommllnications Commission for services 
11 
using prepaid, postpaid, or other means of payment; Provided, that minimum levels of 
12 
availability, uptime, and other service quality standards set by the Commission shall not be 
13 
different between services using prepaid, postpaid, or other means of payment. 
14 
15 
16 
Section 38. Amendments to the Intellectual Property Code of the Philippines. -
17 
18 
(a) Part IV, Chapter II, Section 172 of the Intellectual Property Code of the Philippines 
19 
(RA 8293) is hereby amended to read: 
20 
21 
Section 172. Literary and Artistic Works. - 172.1. Literary and artistic works, 
22 
hereinafter referred to as "works", are original intellectual creations in the literary and 
23 
artistic domain protected from the moment of their creation and shall include in 
24 
particular: 
25 
26 
xxx 
27 
28 
(n) CODE, SCRIPTS, COMPUTER PROGRAMS, SOFTWARE APPLICATIONS, 
29 
AND OTHER SIMILAR WORK, WHETHER EXECUTABLE IN WHOLE OR AS PART OF 
30 
ANOTHER CODE, SCRIPT, computer programs, SOFTWARE APPLICATION OR 
31 
OTHER SIMILAR WORK; 
32 
33 
xxx 
34 
35 
172.2. Works are protected by the sole fact of their creation, irrespective of 
36 
their mode or form of expression OR PUBLICATION, as well as of their content, quality 
37 
and purpose. 
38 
39 
40 
(b) Part II, Chapter V, Section 177 of the Intellectual Property Code ofthe Philippines (RA 
41 
8293) shall be amended to read: 
42 
43 
Section 177. Copyright, [or) COPYLEFT, AND OTHER Economic Rights. - THE 
44 
ECONOMIC RIGHTS OVER ORIGINAL AND DERIVATIVE LITERARY AND ARTISTIC WORKS 
45 
SHALL BE ANY OF THE FOLLOWING: 
46 
47 
177.1 COPYRIGHT -
SUBJECT TO THE PROVISIONS OF CHAPTER VIII, 
38 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
ECONOMIC RIGHTS UNDER THIS SECTION SHALL CONSIST OF THE EXCLUSIVE 
RIGHT TO CARRY OUT, AUTHORIZE OR PREVENT THE FOLLOWING ACTS: 
xxx 
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 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. 
36 
(c) Part II, Chapter VII, Section 180 of the Intellectual Property Code of the Philippines 
37 
(RA 8293) shall be amended to read: 
38 
39 
Section 180. Rights of Assignee of Copyright. - 180.1. The ECONOMIC RIGHTS 
40 
UNDER SECTION 177.1 may be assigned in whole or in part. Within the scope of the 
41 
assignment, the assignee is entitled to all the rights and remedies which the assignor or 
42 
licensor had with respect to the copyright. 
43 
44 
xxx 
45 
46 
180.3. The submission of a literary, photographic or artistic work to a 
47 
newspaper, magazine or periodical for publication, shall constitute only a license to 
39 


1 
make a single publication unless a greater right is expressly granted. IN THE CASE OF 
2 
POSTING TO A WEBSITE OR AN ONLINE VERSION OF A NEWSPAPER, MAGAZINE, OR 
3 
PERIODICAL, ENABLING ACCESS TO THE WHOLE OR PORTION OF THE WORK VIA 
4 
AUTOMATIC CONTENT SYNDICATION OR SEARCH RESULTS SHALL NOT CONSTITUTE 
5 
VIOLATION OF THE LICENSE UNLESS THE CONTRARY IS EXPRESSLY PROVIDED IN A 
6 
WRITTEN AGREEMENT BETWEEN COPYRIGHT OWNER AND PUBLISHER/HOST/SERVICE 
7 
PROVIDER. If two (2) or more persons jointly own a copyright or any part thereof, 
8 
neither of the owners shall be entitled to grant licenses without the prior written 
9 
consent of the other owner or owners. 
10 
11 
12 
13 
xxx 
14 
(d) Part II, Chapter VII, Section 182 of the Intellectual Property Code of the Philippines 
15 
(RA 8293) shall be amended to read: 
16 
17 
Section 182. Filing of Assignment or License OF COPYRIGHT. - An assignment or 
18 
exclusive license may be filed in duplicate with the National Library upon payment of 
19 
the prescribed fee for registration in books and records kept for the purpose. Upon 
20 
recording, a copy of the instrument shall be returned to the sender with a notation of 
21 
the fact of record. Notice of the record shall be published in the IPO Gazette. 
22 
23 
24 
25 
xxx 
26 
(e) Part II, Chapter VII, Section 187 of the Intellectual Property Code of the Philippines 
27 
(RA 8293) shall be amended to read: 
28 
29 
Section 187. Reproduction of Published Work. -187.1. Subject to the provisions 
30 
of Section 177 [and subject to the provisions] in relation to the provision of Subsection 
31 
187.2, the private reproduction of a published work in a single copy, where the 
32 
reproduction is made by a natural person exclusively for research and private study, 
33 
shall be permitted, without the authorization of the owner of copyright in the work. 
34 
35 
2. The permission granted under Subsection 187.1 shall not extend to the 
36 
reproduction of: 
37 
38 
xxx 
39 
40 
41 
42 
43 
44 
45 
46 
47 
(c) A compilation of RAW data, HAVING NOT UNDERGONE DATA AND 
INFORMATION PROCESSING, and other materials; 
xxx 
{El 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 
40 


1 
2 
3 
4 
5 
6 
7 
8 
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 
9 
(f) Part II, Chapter IX, Section 192 of the Intellectual Property Code of the Philippines (RA 
10 
8293) shall be amended to read: 
11 
12 
Section 192. Notice of {Copyright] APPLICABLE ECONOMIC RIGHTS. - Each copy 
13 
of a work published or offered for sale may contain a notice bearing the name of the 
14 
copyright owner, and the year of its first publication, and, in copies produced after the 
15 
creator's death, the year of such death. IN CASE OF FAILURE OF THE AUTHOR OR 
16 
COPYRIGHT OWNER TO INDICATE THE LICENSE APPLICABLE FOR THE WORK, IT SHALL 
17 
BE PRESUMED THAT THE COPYRIGHT OWNER ADOPTED COPYRIGHT UNLESS INTENT 
18 
TO THE CONTRARY IS PROVEN. 
19 
20 
21 
Section 39. Content Foir Use. -
22 
23 
(a) Subject to the provisions of the Intellectual Property Code of the Philippines (RA 
24 
8293), as amended, and this Act and other relevant laws, the viewing of online content on any 
25 
computer, device, or equipment shall be considered fair use. 
26 
27 
(b) Subject to the provisions of the Intellectual Property Code of the Philippines, as 
28 
amended, this Act, and other relevant laws, the viewing, use, editing, decompiling, or 
29 
modification, of downloaded or otherwise offline content on any computer, device, or 
30 
equipment shall be considered fair use; PrOVided, that the derivative content resulting from 
31 
editing, decompiling, or modification shall be subject to the provisions of the Intellectual 
32 
Property Code of the Philippines (RA 8293), as amended, this Act, and other relevant laws 
33 
governing derivative content. 
34 
35 
(c) It shall be presumed that any person who shall upload to, download from, edit, 
36 
modify, or otherwise use content on the Internet or telecommunications networks shall have 
37 
done so with full knowledge of the nature of the intellectual property protections applicable to 
38 
the content. 
39 
40 
41 
Section 40. Amendments to the E-Commerce Act. - Subject to the prOVisions of this Act, 
42 
paragraphs (a) and (b) of Section 33 of the Electronic Commerce Act of 2000 (RA 8792) are 
43 
hereby repealed. 
44 
45 
46 
Section 41. Amendments to the Data Privacy Act. -
47 
41 


1 
(a) Subject to the provisions of this Act, Section 7 of the Data Privacy Act of 2012 (RA 
2 
10173) is hereby amended in part to read: 
3 
4 
Section 7. Functions of the National DATA Privacy Commission. - To administer 
5 
and implement the provisions of this Act, and to monitor and ensure compliance of the 
6 
country with international standards set for data protection, there is hereby created an 
7 
independent body to be known as the National DATA Privacy Commission, which shall 
8 
have the following functions: ... 
9 
10 
(b) Subsequent mentions of "National Privacy Commission" are hereby amended to be 
11 
consistent with the amendment above. 
12 
13 
(c) Subject to the provisions of this Act, Sections 29, 31, and 32 of the Data Privacy Act of 
14 
2012 are repealed. 
15 
16 
(d) Subject to the provisions of this Act, Section 6 of the Data Privacy Act of 2012 is 
17 
amended to include the provisions on extraterritoriality as provided for by Section 67 of this 
18 
Act. 
19 
20 
21 
Section 42. Repeal of the Cybercrime Prevention Act. - The Cybercrime Prevention Act of 2012 
22 
(RA 10175) is repealed in its entirety. 
23 
24 
25 
Part 6. Cybercrimes and Other Prohibited Acts. 
26 
27 
Section 43. Network sabotage. -
28 
29 
(a) Direct network sabotage. - It shall be unlawful for any person to cause or attempt to 
30 
cause the stoppage or degradation of Internet or network operations of another person, 
31 
through electronic means such as denial of service (DoS) attacks or distributed denial of service 
32 
(DDoS) attacks, through physical destruction of devices, equipment, physical plant, or 
33 
telecommunications cables including cable TV transmission lines and other transmission media, 
34 
or through other means, except if the stoppage or degradation has been done in the normal 
35 
course of work or business by a person authorized to stop, modify, or otherwise control 
36 
network operations of the other person. 
37 
38 
(b) Indirect network sabotage. - It shall be unlawful for any person to install, infect, 
39 
implant, or otherwise put in a device, eqUipment, network, or physical plant any means of 
40 
performing stoppage, degradation, or modification of Internet or network operations, or data 
41 
or information processing, such as but not limited to bots, or to interconnect, establish, or 
42 
otherWise create a network of software, deVices, equipment, or physical plants with the means 
43 
of performing stoppage, degradation, or modification of Internet or network operations, or 
44 
data or information processing, such as but not limited to botnets, except if the installation or 
45 
interconnection has been done in the normal course of work or business by a person 
46 
authorized to stop, modify, or otherwise control network operations or data or information 
47 
processing of the network. 
42 


1 
2 
(c) Criminal negligence not presumed in unintentional network sabotage. - Except upon 
3 
a final ruling from the courts, issued following due notice and hearing, criminal negligence shall 
4 
not be presumed to be the cause of the unintentional stoppage or degradation of Internet or 
5 
network operations by a person authorized to stop, modify, or otherwise control network 
6 
operations, or by accident, unforeseen occurrences, or acts of God. 
7 
8 
9 
Section 44. Failure ta Provide Reasonable Security for Data and Networks. -
10 
11 
(a) Failure ta provide security. - It shall be unlawful for any Internet service provider, 
12 
telecommunications entity, or other such person providing Internet or data services to 
13 
intentionally or unintentionally fail to provide appropriate levels of security for data, networks, 
14 
storage media where data is stored, equipment through which networks are run or maintained, 
15 
or the physical plant where the data or network equipment "is housed. 
16 
17 
(b) Negligent failure to provide security. - Negligence resulting to acts in violation of the 
18 
Data Privacy Act of 2012 (RA 10175) using a deVice, network equipment, or physical plant 
19 
connected to the Internet, public networks, private networks, or telecommunications facilities 
20 
shall constitute a violation of the preceding paragraph, without prejudice to prosecution under 
21 
the Data Privacy Act of 2012 (RA 10175). 
22 
23 
(c) Negligent failure to provide security presumed to be the result of criminal negligence. 
24 
- The unintentional failure for any Internet service prOVider, telecommunications entity, or 
25 
other such person providing Internet or data services to provide appropriate levels of security 
26 
for data, networks, storage media where data is stored, equipment through which networks are 
27 
run or maintained, or the physical plant where the data or network equipment is housed shall 
28 
be presumed to be the result of criminal negligence, except upon a final ruling from the courts, 
29 
issued following due notice and hearing. 
30 
31 
32 
Section 45. Violation of Data Privacy. -
33 
34 
(a) Unauthorized access. - It shall be unlawful for any person to intentionally access 
35 
data, networks, storage media where data is stored, equipment through which networks are 
36 
run or maintained, the phYSical plant where the data or network equipment is housed, without 
37 
authority granted by the Internet service provider, telecommunications entity, or other such 
38 
person providing Internet or data services having possession or control of the data or network, 
39 
or to intentionally access intellectual property published on the Internet or on other networks 
40 
without the consent of the person having ownership, possession, or control of the intellectual 
41 
property, or without legal grounds, even if access is performed without malice. 
42 
43 
(b) Unauthorized modification. - It shall be unlawful for any person to intentionally 
44 
modify data, networks, storage media where data is stored, equipment through which 
45 
networks are run or maintained, the physical plant where the data or network equipment is 
46 
housed, without authority granted by the Internet service provider, telecommunications entity, 
47 
or other such person providing Internet or d~ta services having possession or ~ontrol of th~ 
43 


1 
data or network, or to intentionally modify intellectual property published on the Internet or on 
2 
other networks without the consent of the person having ownership, possession, or control of 
3 
the intellectual property, or without legal grounds, even if the modification is performed 
4 
without malice. 
5 
6 
(c) Unauthorized authorization or granting of privileges. - It shall be unlawful for any 
7 
person to intentionally provide a third party authorization or privileges to access or modify 
8 
data, networks, storage media where data is stored, equipment through which networks are 
9 
run or maintained, the physical plant where the data or network equipment is housed, without 
10 
authority granted by the Internet service provider, telecommunications entity, or other such 
11 
person providing Internet or data services having possession or control of the data or network, 
12 
or to intentionally provide a third party authorization to access or modify intellectual property 
13 
published on the Internet or on other networks without the consent of the person having 
14 
ownership, possession, or control of the intellectual property, or without legal grounds, even if 
15 
the authorization to access or perform modifications was granted without malice. 
16 
17 
(d) Unauthorized disclosure. -
It shall be unlawful for any authorized person to 
18 
intentionally disclose or cause the disclosure to a third party or to the public any private data 
19 
being transmitted through the Internet or through public networks, or any data being 
20 
transmitted through private networks, without legal grounds, even if the disclosure was done 
21 
without malice. 
22 
23 
(e) Violation of Data Privacy Act through ICT. - It shall be unlawful to perform acts in 
24 
violation of the Data Privacy Act of 2012 (RA 10175) using a device, network equipment, or 
25 
phYSical 
plant connected to the Internet, public networks, private networks, or 
26 
telecommunications facilities. 
27 
28 
29 
Section 46. Violation of Data Security. -
30 
31 
(a) Hacking. - It shall be unlawful for any unauthorized person to intentionally access or 
32 
to provide a third party with access to, or to hack or aid or abet a third party to hack into, data, 
33 
networks, storage media where data is stored, equipment through which networks are run or 
34 
maintained, the physical plant where the data or network equipment is housed. The 
35 
unauthorized access or unauthorized act of providing a third party with access to, or the 
36 
hacking into, data, networks, storage media where data is stored, equipment through which 
37 
networks are run or maintained, the physical plant where the data or network eqUipment is 
38 
housed shall be presumed to be malicious. 
39 
40 
(b) Cracking. - It shall be unlawful for any unauthorized person to intentionally modify 
41 
or to crack data, networks, storage media where data is stored, equipment through which 
42 
networks are run or maintained, the physical plant where the data or network equipment is 
43 
housed, or for any unauthorized person to intentionally modify intellectual property published 
44 
on the Internet or on other networks. The unauthorized modification or cracking of data, 
45 
networks, storage media where data is stored, equipment through which networks are run or 
46 
maintained, the physical plant where the data or network equipment is housed, or 
47 
unauthorized modification of intellectual property published on the Internet or on other 
44 


1 
networks, shall be presumed to be malicious. 
2 
3 
4 
(c) Phishing. -
5 
(i) It shall be unlawful for any unauthorized person to intentionally acquire or to 
6 
cause the unauthorized acquisition, or identity or data theft, or phishing of private data, 
7 
security information, or data or information used as proof of identity of another person. 
8 
The unauthorized acquisition or causing to acquire, or identity or data theft, or phishing 
9 
of private data, security information, or data or information used as proof of identity of 
10 
another person shall be presumed to be malicious. 
11 
12 
(ii) Malicious disclosure of unwarranted or false information relative to any 
13 
personal information or personal sensitive information obtained by him or her as 
14 
defined by Section 31 of the Data Privacy Act of 2012 (RA 10175) shall constitute 
15 
16 
17 
phishing. 
18 
(d) Violation of Data Privacy Act in series or combination with hacking, cracking, or 
19 
phishing. - It shall be unlawful to perform acts in violation of the Data Privacy Act of 2012 (RA 
20 
10175) using a device, network equipment, or physical plant connected to the Internet, public 
21 
networks, private networks, or telecommunications facilities performed in series or 
22 
combination with acts prohibited by the preceding paragraphs. 
23 
24 
25 
Section 47. //legal and Arbitrary Seizure. -
26 
27 
(a) I/Iegal Seizure. - It shall be unlawful for any person to seize data, information, or 
28 
contents of a device, storage medium, network equipment, or physical plant, or to seize any 
29 
device, storage medium, network equipment, or physical plant connected to the Internet or to 
30 
telecommunications networks of another person without his consent, or to gain possession or 
31 
control of the intellectual property published on the Internet or on public networks of another 
32 
person without his consent, except upon a final ruling from the courts, issued following due 
33 
notice and hearing. 
34 
35 
(b) Aiding and Abetting I/Iegal Seizure. -It shall be unlawful for any person to aid or abet 
36 
the seizure of data, information, or contents of a device, storage medium, network equipment, 
37 
or physical plant, or to seize any device, storage medium, network equipment, or physical plant 
38 
connected to the Internet or to telecommunications networks of another person without his 
39 
consent, or to gain possession or control of the intellectual property published on the Internet 
40 
or on public networks of another person without his consent, except upon a final ruling from 
41 
the courts, issued following due notice and hearing, allowing the person to perform such 
42 
seizure, possession, or control. 
43 
44 
(c) Arbitrary Seizure. - It shall be unlawful for any public officer or employee to seize 
45 
data, information, or contents of a device, storage medium, network equipment, or phYSical 
46 
plant, or to seize any deVice, storage medium, network equipment, or physical plant connected 
47 
to the Internet or to telecommunications networks, or to gain possession or control of 
45 


1 
intellectual property published on the Internet or on public networks, without legal grounds. 
2 
3 
(d) Instigating Arbitrary Seizure. -It shall be unlawful for any person to instruct a public 
4 
officer or employee to perform the seizure of data, information, or contents of a device, 
5 
storage medium, network equipment, or physical plant, or to seize any device, storage medium, 
6 
network equipment, or physical plant connected to the Internet or to telecommunications 
7 
networks of another person without his consent, or to gain possession or control of the 
8 
intellectual property published on the Internet or on public networks of another person without 
9 
his consent, except upon a final ruling from the courts, issued following due notice and hearing, 
10 
providing the person with authority to perform such seizure, possession, or control and 
11 
delegate the same to a public officer or employee with the authority to perform such seizure, 
12 
possession, or control. 
13 
14 
15 
Section 48. Infringement of Intellectual Property Rights. -
16 
17 
(a) Copyrightin[ringement. -
18 
19 
(i) Subject to the Intellectual Property Code of the Philippines and the laws 
20 
governing fair use, it shall be unlawful for any person to publish or reproduce on the 
21 
Internet, in part or in whole, any content that he does not have any economic rights 
22 
over, or does not acknowledge and comply with the terms of copyright or license 
23 
governing the intellectual property rights enjoyed by the content being published or 
24 
reproduced, or falsely claims having intellectual property rights over the content he 
25 
does not own. 
26 
27 
(ii) 
Non-attribution or plagiarism of copyleft content shall constitute 
28 
infringement. 
29 
30 
(iii) Non-attribution or plagiarism of free license or public domain content shall 
31 
constitute infringement, but shall not be subject to damages. 
32 
33 
(iv) Subject to the Intellectual Property Code of the Philippines and the laws 
34 
governing fair use, it shall be unlawful for any person to reverse-engineer any whole or 
35 
part of any computer program, software, code, or script, whether or not executable, 
36 
that is the subject of a copyright, and that he does not have any property rights over, or 
37 
does not acknowledge and comply with the terms of copyright or license governing the 
38 
intellectual property rights enjoyed by the computer program being reverse-engineered. 
39 
40 
41 
(b) Piracy. - Subject to the Intellectual Property Code of the Philippines, it shall be 
42 
unlawful for any person to publish and reproduce, with intent to profit, on the Internet or on or 
43 
through information and communications technologies, in part or in whole, any content, or 
44 
computer program, software, code, or script, whether or not executable, that he does not have 
45 
any property rights over. 
46 
47 
(c) Cybersquatting. - Subject to the Intellectual Property Code of the Philippines and 
46 


1 
other relevant laws, and the Uniform Domain Name Dispute Resolution Policy of the Internet 
2 
Corporation for Assigned Names and Numbers (ICANN) or any policy of ICANN or successor-in-
3 
interest superseding it, it shall be unlawful for any person to register or otherwise acquire, in 
4 
bad faith to profit or to damage, a domain name that is: 
5 
6 
(i) Similar, identical; or confusingly similar to an eXisting trademark registered 
7 
with the appropriate government agency at the time of the domain name registration; 
8 
or 
9 
10 
11 
12 
13 
(ii) Identical or in any way similar with the name of a person other than the 
registrant, in case of a personal name. 
14 
(d) Unreasonable restriction of device privileges. - Subject to Section 6 of this Act, it shall 
15 
be unlawful for any person engaged in the wholesale or retail of devices or equipment to, by 
16 
phYSical, electronic, or any other means, provide unreasonable restrictions on a deVice or 
17 
equipment. 
18 
19 
20 
Section 49. Fraud via leT. - It shall be unlawful for any person who knowingly by means of a 
21 
device, equipment, or physical plant connected to the Internet, to telecommunications 
22 
networks, a network of a government agency, the government network, a private network or 
23 
any protected computer or device, or in connivance with a third party with access to the same, 
24 
shall use the Internet, telecommunications networks, private networks, or government 
25 
networks for the purpose of deceiving or defrauding another of money, goods, or property, or 
26 
to do the same by or through exceeding authorized access. 
27 
28 
29 
Section 50. ICT-Enabled Prostitution ond leT-Enabled Trafficking in Persons. -
30 
31 
(a) ICT-Enabled Prostitution. - It shall be unlawful for any person who, by means of a 
32 
device, equipment, or physical plant connected to the Internet or to telecommunications 
33 
networks, or in connivance with a third party with access to the same, shall use the Internet or 
34 
telecommunications networks for the purpose of enabling the exchange of money or 
35 
consideration for services of a sexual or lascivious nature, or facilitating the performance of 
36 
such services; Provided, the services shall be performed by one or more unwilling third-party 
37 
adults under threat or duress. 
38 
39 
(b) ICT-Enabled Trafficking in Persons.-
40 
41 
(il The performance of acts prohibited by Section 5 of R.A. No. 920B, or the 
42 
"Anti-Trafficking in Persons Act of 2003," as amended, by means of a device, storage 
43 
medium, network equipment, or physical plant connected to the Internet or to 
44 
telecommunications networks shall be deemed unlawful. 
45 
46 
(ii) The commission of acts prohibited by the Anti-Trafficking in Persons Act of 
47 
2003, as amended, through or using devices, equipment, or physical plants connected to 
47 


1 
the Internet or to telecommunications networks shall be penalized by the applicable 
2 
provisions of the Anti-Trafficking in Persons Act of 2003, as amended. 
3 
4 
(iii) Section 5 (c) of the Anti-Trafficking in Persons Act of 2003 shall be amended 
5 
to read: 
6 
7 
Section 5. Acts that Promote Trafficking in Persons. - The following acts 
8 
which promote or facilitate trafficking in persons, shall be unlawful: 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
xxx 
(c) 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 INTENTIONALLY PROVIDE DEVICES, EQUIPMENT, OR 
PHYSICAL 
PLANTS 
CONNECTED 
TO 
THE 
INTERNET 
OR 
TO 
TELECOMMUNICATIONS. NETWORKS, WI:rH THE PRIMARY PURPOSE OF 
PROMOTING TRAFFICKING IN PERSONS; 
xxx 
25 
Section 51. ICT-Enab/ed Child Prostitution and ICT-Enab/ed Child Trafficking. -
26 
27 
(a) ICT-Enabled Child Prostitution. -
28 
29 
(i) The performance of acts prohibited by Sections 5 and 7 of R.A. No. 7610, or 
30 
the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act," 
31 
as amended, by means of a device, storage medium, network equipment, or physical 
32 
plant connected to the Internet or to telecommunications networks shall be deemed 
33 
unlawful. 
34 
35 
(ii) Section 5, paragraphs (a) 2 and (c) of the "Special Protection of Children 
36 
Against Abuse, Exploitation and Discrimination Act" shall be amended to read: 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
Section 5. Child Prostitution and Other Sexual Abuse. -
xxx 
(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 
48 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
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; 
xxx 
(c) 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 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 
23 
(b) ICT-Enabled Child Trafficking. -
24 
25 
(i) Section 7 of the "Special Protection of Children Against Abuse, Exploitation 
26 
and Discrimination Act:' shall be amended to read: 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
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. 
39 
(ii) The commission of acts prohibited by the "Special Protection of Children 
40 
Against Abuse, Exploitation and Discrimination Act," as amended, through or using 
41 
devices, 
equipment, or physical 
plants 
connected 
to the 
Internet or to 
42 
telecommunications networks shall be penalized by the applicable provisions of the 
43 
"Special Protection of Children Against Abuse, Exploitation and Discrimination Act," as 
44 
amended. 
45 
46 
47 
Section 52. Internet Libel, Hate Speech, Child Pornography, and Other Expression Inimical to the 
49 


1 
Public Interest. -
2 
3 
(a) Internet libel. -
4 
5 
(i) Internet libel is a public and malicious expression tending to cause the 
6 
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the 
7 
memory of one who is dead, made on the Internet or on public networks. 
8 
9 
(ii) Malice as an essential element of internet libel. - Internet libel shall not lie if 
10 
malice or intent to injure is not present. 
11 
12 
(iii) Positive identification of the subject as an essential element of internet libel. 
13 
- Internet libel shall not lie if the public and malicious expression does not explicitly 
14 
identify the person who is the subject of the expression, except if the content of the 
15 
expression is sufficient for positive and unequivocal ide"ntification of the subject of the 
16 
expression. 
17 
18 
(iv) Truth as a defense. -
Internet libel shall not lie if the content of the 
19 
expression Is proven to be true, or if the expression is made on the basis of published 
20 
reports presumed to be true, or if the content is intended to be humorous or satirical in 
21 
nature, except if the content has been adjudged as unlawful or offensive in nature in 
22 
accordance with existing jurisprudence. 
23 
24 
(v) Exceptions to internet libel. - The following acts shall not constitute internet 
25 
libel: 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
(1) Expressions of protest against the government, or against foreign 
governments; 
(2) Expressions of dissatisfaction with the government, its agencies or 
instrumentalities, or its 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 
entities provide; 
(6) 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 
50 


1 
2 
3 
persons able to access or view the expression, even if the expression is later 
released to the public; and, 
4 
5 
6 
7 
8 
9 
(8) A fair and true report, made in good faith, without 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. 
10 
11 
(b) Internet hate speech.-
12 
13 
(i) Internet hate speech is a public and malicious expression calling for the 
14 
commission of illegal acts on an entire class of persons, a reasonably broad section 
15 
thereof, or a person belonging to such a class, based on gender, sexual orientation, 
16 
religious belief or affiliation, political belief or affiliation, ethnic or regional affiliation, 
17 
citizenship, or nationality, made on the Internet or on public networks. 
18 
19 
(ii) Call for the commission of illegal acts as on essential element for internet hate 
20 
speech. - Internet hate speech shall not lie if the expression does not call for the 
21 
commission of illegal acts on the person or class of persons that, when they are done, 
22 
shall cause actual criminal harm to the person or class of persons, under existing law. 
23 
24 
(iii) Imminent lawless danger as an essential element for internet hate speech. -
25 
Internet hate speech shall not lie if the expression does not call for the commission of 
26 
illegal acts posing an immediate lawless danger to the public or to the person who is the 
27 
object of the expression. 
28 
29 
30 
(c) Internet child pornography. -
31 
32 
(i) The performance of acts prohibited by Sections 4 and 5 of R.A. No. 9775, or 
33 
the "Anti-Child Pornography Act of 2009," as amended, by means of a device, storage 
34 
medium, network equipment, or physical plant connected to the Internet or to 
35 
telecommunications networks shall be deemed unlawful. 
36 
37 
(ii) The commission of acts prohibited by the Anti-Child Pornography Act of 2009, 
38 
as amended, through or using deVices, eqUipment, or physical plants connected to the 
39 
Internet or to telecommunications networks shall be penalized by the applicable 
40 
provisions of the Anti-Child Pornography Act of 2009, as amended. 
41 
42 
(iii) Sections 4 (e) and (f) of the Anti-Child Pornography Act of 2009 shall be 
43 
amended to read: 
44 
~ 
= 
46 
47 
(e) To knowingly, willfully and intentionally provide a venue for the 
51 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
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; 
(f) 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 
16 
(d) Internet child abuse. -
17 
18 
(i) The performance of acts prohibited by Section 9 of the Special Protection of 
19 
Children Against Abuse, Exploitation and Discrimination Act, as amended, by means of a 
20 
device, storage medium, network equipment, or physical plant connected to the 
21 
Internet or to telecommunications networks shall be deemed unlawful. 
22 
23 
(ii) The commission of acts prohibited by the Special Protection of Children 
24 
Against Abuse, Exploitation and Discrimination Act, as amended, through or using 
25 
devices, 
equipment, 
or physical 
plants 
connected 
to 
the 
Internet or to 
26 
telecommunications networks shall be penalized by the applicable provisions of the 
27 
Special Protection of Children Against Abuse, Exploitation and Discrimination Act, as 
28 
amended. 
29 
30 
(iii) Section 9 of the Special Protection of Children Against Abuse, Exploitation 
31 
and Discrimination Act shall be amended to read: 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
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 
pornographic 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 
(e) 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 
52 


1 
2 
this section shall be deemed unlawful and inimical to the public interest. 
3 
(ii) Imminent lawless danger as an essential element of expression inimical to 
4 
public interest. - No expression shall be deemed inimical to the public interest if the 
5 
expression does not call for the commission of illegal acts posing an immediate lawless 
6 
danger to the public. 
7 
8 
9 
Section 53. Sabotage of critical networks and infrastructure, acts of cyberterrorism, and 
10 
cyberespionage. -
11 
12 
(a) Sabotage of critical networks and infrastructure. - The commission of acts prohibited 
13 
by Section 42 (Network Sabotage), Section 44 (Violation of Data Privacy), Section 45 (Violation 
14 
of Data Security), and Section 46 (Illegal and Arbitrary Seizure of ICT), shall be penalized one 
15 
degree higher; Provided, the offense was committed against critical data, network, Internet, or 
16 
telecommunications infrastructure, whether publicly or privately owned. 
17 
18 
(b) Cyberterrorism. -
19 
20 
(i) The performance of acts prohibited by Sections 3, 4, 5, and 6 of the Human 
21 
Security Act of 2007 (RA9732) as amended, and Sections 4, 5, 6, and 7 of the Terrorism 
22 
Financing Prevention and Suppression Act of 2012 (RA 10168), or the by means of a 
23 
device, storage medium, network equipment, or physical plant connected to the 
24 
Internet or to telecommunications networks shall be deemed unlawful. 
25 
26 
(ii) The commission of acts prohibited by the Human Security Act of 2007, as 
27 
amended, through or using devices, equipment, or physical plants connected to the 
28 
Internet or to telecommunications networks shall be penalized by the applicable 
29 
provisions of the Human Security Act of 2007, as amended. 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
(iii) Section 3 of the Human Security Act of 2007 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 
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 2S (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, 
53 


1 
2 
3 
4 
)()()( 
5 
(c) ICT-Enabled Financing of Terrorism. -:-
6 
7 
(i) The commission of acts prohibited by the Terrorism Financing Prevention and 
8 
Suppression Act of 2012, as amended, through or using devices, equipment, or physical 
9 
plants connected to the Internet or to telecommunications networks shall be penalized 
10 
by the applicable provisions of the Terrorism Financing Prevention and Suppression Act 
11 
of 2012, as amended. 
12 
13 
(ii) Section 4 of the Terrorism Financing Prevention and Suppression Act of 2012 
14 
shall be amended to read: 
15 
16 
Section 4. Financing of Terrorism. -
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
xxx 
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 
36 
(d) Cyber-espionage. - Article 117 of the Revised Penal Code shall be amended to read: 
37 
38 
Art. 117. Espionage. -
The penalty of prision correccional shall be inflicted upon 
39 
any person who: 
40 
41 
42 
43 
44 
45 
46 
47 
)()()( 
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 
54 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
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 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 preceding paragraphs, discloses 
their contents to a representative of a foreign nation OR HOSTILE NON-STATE 
ACTOR. 
xxx 
Part 7. National Cybersecurlty, Cyberdefense, Counter-Cyberterrorism, and 
Counter-Cyberespionage. 
18 
Section 54. Cyberwarfare and National Defense. -
19 
20 
(a) It shall be unlawful for any person, or military or civilian agency, or instrumentality of 
21 
the State to initiate a cyberattack against any foreign nation, except in the event of a 
22 
declaration of a state of war with the foreign nation. 
23 
24 
(b) Subject to the Geneva Convention, the Hague Convention, the United Nations 
25 
Convention on Certain Conventional Weapons, other international treaties and conventions 
26 
governing the conduct of warfare, Philippine law, and on authority by the President of the 
27 
Philippines or by his designated officers, an authorized person or military agency may engage in 
28 
cyberdefense in defense of the Filipino people, territory, economy, and vital infrastructure in 
29 
the event of a cyberattack by a foreign nation, enemy violent non-state actor, insurgent group, 
30 
or terrorist organization. 
31 
32 
(c) Any person who initiates an unauthorized and unlawful cyberattack against a foreign 
33 
nation shall be prosecuted under Commonwealth Act 408, as amended, or applicable military 
34 
law, without prejudice to criminal and civil prosecution. 
35 
36 
37 
Section 55. National Cybersecurlty and Protection of Government Information and 
3B 
Communications Technology Infrastructure. -
39 
40 
(a) The Secretary of National Defense shall assist the President in the protection and 
41 
conduct of the national cybersecurity, and the conduct of cyberdefense and the protection of 
42 
national government information and communications technology infrastructure. 
43 
44 
(b) The Armed Forces of the Philippines shall be tasked with ensuring the physical and 
45 
network security of critical government and military information and communications 
46 
infrastructure. The Philippine National Pollee shall assist private and public owners, operators, 
47 
and maintainers in ensuring the physical and network security of critical information and 
55 


1 
communications infrastructure. 
2 
3 
(c) Local government units shall be responsible for cyberdefense within their 
4 
jurisdiction. The Secretary of the Interior and Local Government, with the assistance of the 
5 
Secretary of National Defense, shall be .assist local government units in the development of 
6 
plans, policies, programs, measures, and mechanisms for cybersecurity and cyberdefense of at 
7 
the local government level and the protection of rocar government systems, networks, and 
8 
information and communications technology infrastructure. 
9 
10 
(d) When national interest and public safety so reqUire, and subject to the approval of 
11 
Congress in a special session called for the purpose, the President may be granted the authority 
12 
to direct the cyberdefense and cybersecurity of local government units; PrOVided, that Congress 
13 
may not grant such authority for a period longer than 90 days. 
14 
15 
16 
Section 56. Amendments to the AFP Modernization Act. - Section 5 of the AFP Modernization 
17 
Act (RA 7898) shall be amended to include: 
18 
19 
Section 5. Development af AFP Capabilities. - The AFP modernization program shall be 
20 
geared towards the development of the following defense capabilities: 
21 
22 
xxx 
23 
24 
(d) Development of cyberdefense capability. - [The modernization of the AFP 
25 
further requires the development of the general headquarters capabilities for 
26 
command, control, communications, and 
information systems network.] THE 
27 
PHILIPPINE AIR FORCE (PAF), BEING THE COUNTRY'S FIRST LINE OF EXTERNAL 
28 
DEFENSE, SHALL DEVELOP ITS CYBERDEFENSE CAPABILITY. THE CYBERDEFENSE 
29 
CAPABILITY SHALL ENABLE THE AFP TO: 
30 
31 
(1) DETECT, IDENTIFY, INTERCEPT AND ENGAGE, IF NECESSARY, ANY 
32 
ATTEMPTED OR ACTUAL PENETRATION OR CYBERATTACK OF PHILIPPINE 
33 . 
GOVERNMENT 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY 
34 
INFRASTRUCTURE, 
AS 
WELL 
AS 
CRITICAL 
INFORMATION 
AND 
35 
COMMUNICATIONS TECHNOLOGY 
INFRASTRUCTURE WITHIN 
PHILIPPINE 
36 
JURISDICTION; 
37 
38 
(2) PROVIDE CYBERDEFENSE SUPPORT TO PHILIPPINE ARMED FORCES 
39 
AND POLICE FORCES, AND; 
40 
41 
(3) PROVIDE, AND IF PRACTICABLE, INVENT OR INNOVATE, THROUGH 
42 
FILIPINO SKILLS AND TECHNOLOGY, ITS OWN REQUIREMENTS FOR NATIONAL 
43 
CYBERDEFENSE. 
44 
45 
46 
(E) DEVELOPMENT OF CYBERINTELLIGENCE CAPABILITY. - THE INTELLIGENCE 
47 
SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (lSAFP) OR ITS SUCCESSOR 
56 


1 
SERVICE, 
SHALL 
DEVELOP 
ITS 
CYBERINTElliGENCE 
CAPABILITY. 
THE 
2 
CYBERINTELLIGENCE CAPABILITY SHALL ENABLE THE AFP TO: 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
(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; 
(2) 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 REQUIREMENTS FOR NATIONAL 
CYBERINTELLIGENCE. 
19 
(F) DEVELOPMENT OF GOVERNMENT AND MILITARY INFORMATION AND 
20 
COMMUNICATIONS 
TECHNOLOGY 
INFRASTRUCTURE 
HARDENED 
AGAINST 
21 
CYBERATTACK. -
THE COMMUNICATIONS, ELECTRONICS AND INFORMATION SYSTEM 
22 
SERVICE, ARMED FORCES OF THE PHILIPPINES (CEISSAFP) OR ITS SUCCESSOR SERVICE, 
23 
SHALL CONTINUALLY ENSURE THAT GOVERNMENT AND MILITARY INFORMATION AND 
24 
COMMUNICATIONS TECHNOLOGY 
INFRASTRUCTURE 
ARE 
HARDENED AGAINST 
25 
CYBERATTACK. 
26 
27 
28 
29 
30 
Section 57. Counter-Cyberterrorism. -
31 
xxx 
32 
(a) The Philippine National Police, supported by applicable military, law enforcement, 
33 
and government services, offices, and agencies, shall be the lead law enforcement agency 
34 
responsible for plans, policies, programs, measures, and mechanisms to detect, identify, and 
35 
prevent cyberterrorist attacks on Philippine government information and communications 
36 
technology infrastructure, as well as publicly-
and privately-owned information and 
37 
communications technology infrastructure within Philippine jurisdiction, and the detection, 
38 
identification, pursuit, apprehension, and the gathering of evidence leading to the conviction of 
39 
persons committing cyberterrorism. 
40 
41 
(b) The National Bureau of Investigation, supported by applicable military, law 
42 
enforcement, and government services, offices, and agencies, shall be the lead law 
43 
enforcement agency responsible for plans, policies, programs, measures, and mechanisms to 
44 
detect, identify, and prevent transnational cyberterrorist attacks on Philippine government 
45 
information and communications technology infrastructure, as well as publicly- and privately-
46 
owned information and communications technology infrastructure within Philippine jurisdiction 
47 
57 


1 
(c) Subject to the provisions of an existing treaty to which the Philippines is a signatory 
2 
and to any contrary provision of any law of preferential application, and subject to the 
3 
concurrence of the Secretary of Justice and the Secretary of Foreign Affairs, the Director of the 
4 
National Bureau of Investigation may cooperate with or request the cooperation of foreign or 
5 
international law enforcement agencies in the detection, identification, pursuit, apprehension, 
6 
and the gathering of evidence leading to the conviction of persons who, although phYSically 
7 
outSide the territorial limits of the Philippines, have committed or are attempting to commit 
8 
acts of cyberterrorism within Philippine jurisdiction. 
9 
10 
11 
Section 58. Counter-Cyberespionage. -
12 
13 
(a) The National Intelligence Coordinating Agency, supported by applicable military, law 
14 
enforcement, and government services, offices, and agencies, shall be the lead agency 
15 
responsible for plans, policies, programs, measures, and mechanisms to detect, identify, and 
16 
prevent cyberespionage attempts and incidents. 
17 
18 
(b) The National Bureau of Investigation, supported by applicable military, law 
19 
enforcement, and government services, offices, and agencies, shall be the lead agency 
20 
responsible for detection, identification, pursuit, apprehension, and the gathering of evidence 
21 
leading to the conviction of persons committing cyberespionage. 
22 
23 
24 
Part 8. Penalties. 
25 
26 
Section 59. Applicability oj the Revised Penal Code and other special laws. - Nomenclature 
27 
notwithstanding, the provisions of Book I of the Revised Penal Code shall apply suppletorily to 
28 
the provisions of this Act, whenever applicable. 
29 
30 
The prOVisions of special laws shall apply as provided for by this Act. 
31 
32 
33 
Section 60. Penalties For Specific Violations oj The Magna Carta Jor Philippine Internet Freedom. 
34 
- The following penalties shall be imposed for specific violations of this Act: 
35 
36 
(a) Violation of Section 42 (a) (Direct network sabotage) - Shall be punished with 
37 
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos 
38 
(PhPSOO,OOO.OO) or both. 
39 
40 
(b) Violation of Section 42 (b) (Indirect network sabotage) - Shall be punished with 
41 
imprisonment of prision correccional in its medium period or a fine of not more than three 
42 
hundred thousand pesos (PhP300,OOO.OO) or both. 
43 
44 
(c) Violation of Section 43 (a) (Failure to provide security) - Shall be punished with 
45 
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos 
46 
(PhPSOO,OOO.OO) or both. 
47 
58 


1 
(d) Violation of Section 43 (b) (Negligent failure to provide security) - Shall be punished 
2 
with imprisonment of prision correccional or a fine of not more than Five hundred thousand 
3 
pesos (PhP500,OOO.OO) or both. 
4 
5 
(e) Violation of Section 44 (a) (Unauthorized access) -
Shall be punished with 
6 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five 
7 
hundred thousand pesos 
(Php500,000.00) but not more than Two million pesos 
8 
(Php2,000,OOO.OO). 
9 
10 
(f) Violation of Section 44 (b) (Unauthorized modification) - Shall be punished with 
11 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five 
12 
hundred thousand pesos 
(Php500,OOO.00) 
but not more than Two million pesos 
13 
(Php2,000,000.00). 
14 
15 
(g) Violation of Section 44 (c) (Unauthorized granting of privileges) - Shall be punished 
16 
with imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five 
17 
hundred thousand pesos 
(Php500,OOO.00) but not more than Two million pesos 
18 
(Php2,000,OOO.OO). 
19 
20 
(h) Violation of Section 44 (d) (Unauthorized disclosure) - imprisonment ranging from 
21 
three (3) years to five (5) years and a fine of not less than Five hundred thousand pesos 
22 
(Php500,OOO.00) but not more than Two million pesos (Php2,OOO,OOO.OO). 
23 
24 
(i) Violations of the Section 44 (e) (Violation of Data Privacy Act through ICT)-
25 
26 
(i) Violation of Section 25 (a) of the Data Privacy Act (Unauthorized Processing of 
27 
Personal Information) through ICT - imprisonment ranging from one (1) year to three 
28 
(3) years and a fine of not less than Five hundred thousand pesos (Php500,OOO.OO) but 
29 
not more than Two million pesos (Php2,OOO,000.00). 
30 
31 
(ii) Violation of Section 25 (b) of the Data Privacy Act (Unauthorized Processing of 
32 
Sensitive Personal Information) through ICT - imprisonment ranging from three (3) 
33 
years to six (6) years and a fine of not less than Five hundred thousand pesos 
34 
(PhpSOO,OOO.OO) but not more than Four million pesos (Php4,OOO,000.OO). 
35 
36 
(iii) Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal 
37 
Information Due to Negligence) through ICT - imprisonment ranging from one (1) year 
38 
to three (3) years and a fine of not less than Five hundred thousand pesos 
39 
(PhpSOO,OOO.OO) but not more than Two million pesos (Php2,OOO,000.00). 
40 
41 
(iv) Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive 
42 
Personal Information Due to Negligen"ce) through "ICT"- imprisonment ranging from 
43 
three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos 
44 
(PhpSOO,OOO.OO) but not more than Four million pesos (Php4,OOO,000.00). 
45 
46 
(v) Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of 
47 
Personal Information) through ICT - imprisonment ranging from six (6) months to two 
59 


1 
(2) years and a fine of not less than One hundred thousand pesos (Php100,OOO.OO) but 
2 
not more than Five hundred thousand pesos (Php500,OOO.OO). 
3 
4 
(vi) Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of 
5 
Sensitive Personal Information) through ICT - imprisonment ranging from one (1) year 
6 
to three (3) years and a fine of not less than One hundred thousand pesos 
7 
(PhplOO,OOO.OO) but not more than One million pesos (Php1,OOO,OOO.OO). 
8 
9 
(vii) Violation of Section 28 (a) of the Data Privacy Act (Processing of Personal 
10 
Information for Unauthorized Purposes) through ICT - imprisonment ranging from one 
11 
(1) year and six (6) months to five (5) years and a fine of not less than Five hundred 
12 
thousand 
pesos 
(Php500,OOO.00) 
but 
not 
more 
than 
One 
million 
pesos 
13 
(Php1,OOO,000.00). 
14 
15 
(viii) Violation of Section 28 (b) of the Data Privacy Act (Processing of Sensitive 
16 
Personal Information for Unauthorized Purposes) through ICT - imprisonment ranging 
17 
from two (2) years to seven (7) years and a fine of not less than Five hundred thousand 
18 
pesos (Php500,OOO.OO) but not more than Two million pesos (Php2,OOO,OOO.OO). 
19 
20 
(ix) Violation of Section 30 of the Data Privacy Act (Concealment of Security 
21 
Breaches Involving Sensitive Personal Information) through ICT - imprisonment of one 
22 
(1) year and six (6) months to five (5) years and a fine of not less than Five hundred 
23 
thousand 
pesos 
(Php500,OOO.OO) 
but 
not 
more 
than 
One 
million 
pesos 
24 
(Php1,OOO,OOO.OO). 
25 
26 
(x) Violation of Section 33 of the Data Privacy Act (Combination or Series of Acts) 
27 
through ICT - imprisonment ranging from three (3) years to six (6) years and a fine of 
28 
not less than One million pesos (Php1,OOO,OOO.OO) but not more than Five million pesos 
29 
(Php5,OOO,OOO.OO). 
30 
31 
32 
(j) Violation of Section 45 (a) (Hacking) - imprisonment ranging from one (1) year to 
33 
three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.OO) but 
34 
not more than Two million pesos (Php2,OOO,OOO.OO). 
35 
36 
(k) Violation of Section 45 (b) (Cracking) - imprisonment ranging from one (1) year to 
37 
three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but 
38 
not more than Two million pesos (Php2,OOO,OOO.OO). 
39 
40 
(I) Violation of Section 45 (c) (phishing) - imprisonment ranging from one (1) year and 
41 
six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos 
42 
(Php500,OOO.OO) but not more than One million pesos (Php1,OOO,OOO.OO). 
43 
44 
(m) Violation of Section 45 (d) (Violation of Data Privacy Act with hacking, cracking, or 
45 
phishing) -
46 
47 
(i) Violation of Section 25 (a) of the Data Privacy Act (Unauthorized Processing of 
60 


1 
Personal Information) with hacking, cracking, or phishing -
shall be penalized by 
2 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than 
3 
Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos 
4 
(Php2,000,000.00). 
5 
6 
(ii) Violation of Section 25 (b) of the Data Privacy Act (Unauthorized Processing of 
7 
Sensitive Personal Information) with hacking, cracking, or phishing - shall be penalized 
8 
by imprisonment ranging from three (3) years to six (6) years and a fine of not less than 
9 
Five hundred thousand pesos (Php500,000.00) but not more than Four million pesos 
10 
(Php4,000,000.00). 
11 
12 
(iii) Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal 
13 
Information Due to Negligence) with hacking, cracking, or phishing - shall be penalized 
14 
by imprisonment ranging from one (1) year to three (3) years and a fine of not less than 
15 
Five hundred thousand pesos (PhpSOO,OOO.OO) but not more than Two million pesos 
16 
(Php2,000,000.00). 
17 
18 
(iv) Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive 
19 
Personal Information Due to Negligence) with hacking, cracking, or phishing - shall be 
20 
penalized by imprisonment ranging from three (3) years to six (6) years and a fine of not 
21 
less than Five hundred thousand pesos (PhpSOO,OOO.OO) but not more than Four million 
22 
pesos (Php4,000,000.00). 
23 
24 
(v) Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of 
25 
Personal Information) with hacking, cracking, or phishing -
shall be penalized by 
26 
imprisonment ranging from six (6) months to two (2) years and a fine of not less than 
27 
One hundred thousand pesos (Phpl00,000.00) but not more than Five hundred 
28 
thousand pesos (Php500,000.00). 
29 
30 
(vi) Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of 
31 
Sensitive Personal Information) with hacking, cracking, or phishing - shall be penalized 
32 
by imprisonment ranging from one (1) year to three (3) years and a fine of not less than 
33 
One hundred thousand pesos (Phpl00,000.00) but not more than One million pesos 
34 
(Phpl,OOO,OOO.OO). 
35 
36 
(vii) Violation of Section 28 (a) of the Data Privacy Act (Processing of Personal 
37 
Information for Unauthorized Purposes) with hacking, cracking, or phishing - shall be 
38 
penalized by imprisonment ranging from one (1) year and six (6) months to five (5) years 
39 
and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more 
40 
than One million pesos (Phpl,OOO,OOO.OO). 
41 
42 
(viii) Violation of Section 28 (b) of the Data Privacy Act (Processing of Sensitive 
43 
Personal Information for Unauthorized Purposes) with hacking, cracking, or phishing -
44 
shall be penalized by imprisonment ranging from two (2) years to seven (7) years and a 
45 
fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than 
46 
Two million pesos (Php2,000,000.00). 
47 
61 


1 
(ix) Violation of Section 30 of the Data Privacy Act (Concealment of Security 
2 
Breaches Involving Sensitive Personal Information) with hacking, cracking, or phishing-
3 
Shall be penalized by imprisonment of one (1) year and six (6) months to five (5) years 
4 
and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more 
5 
than One million pesos (Phpl,OOO,OOO.OO). 
6 
7 
(x) Violation of Section 33 ofthe Data Privacy Act (Combination or Series of Acts) 
8 
with hacking, cracking, or phishing - Shall be penalized by imprisonment ranging from 
9 
three (3) years to six (6) years and a fine of not less than One million pesos 
10 
(Phpl,OOO,OOO.OO) but not more than Five million pesos (Php5,000,000.00). 
11 
12 
13 
(n) Violation of Section 46 (a) (Illegal seizure of ICT) -
shall be punished with 
14 
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos 
15 
(PhPSOO,OOO.OO) or both. 
16 
17 
(0) Violation of Section 46 (b) (Aiding and abetting illegal seizure of ICT) - shall be 
18 
punished with imprisonment of prision correccional in its minimum period or a fine of not more 
19 
than Four hundred thousand pesos (PhP400,000.OO) or both. 
20 
21 
(p) Violation of Section 46 (c) (Arbitrary seizure of ICT) -
Shall be punished with 
22 
imprisonment of prision correccional in its maximum period or a fine of not more than Five 
23 
hundred thousand pesos (PhP500,OOO.OO) or both. 
24 
25 
(q) Violation of Section 46 (d) (instigating arbitrary seizure of ICT) - shall be punished 
26 
with imprisonment of prision correccional or a fine of not more than Five hundred thousand 
27 
pesos (PhP500,OOO.00) or both. 
28 
29 
(r) Violation of Section 47 (a) (i) (Copyright infringement) - any person infringing a 
30 
copyright shall be liable to pay to the copyright proprietor or his assigns or heirs such actual 
31 
damages, including legal costs and other expenses, as he may have incurred due to the 
32 
infringement as well as the profits the infringer may have made due to such infringement, and 
33 
in proving profits the plaintiff shall be required to prove sales only and the defendant shall be 
34 
required to prove every element of cost which he claims, or, in lieu of actual damages and 
35 
profits, such damages which to the court shall appear to be just and shall not be regarded as 
36 
penalty. 
37 
38 
(s) Violation of Section 47 (a) (ii) (Plagiarism of copyleft) - The same penalty for a 
39 
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this 
40 
Section. 
41 
42 
(t) Violation of Section 47 (a) (iii) (Plagiarism of public domain content) - While this 
43 
constitutes infringement, it shall not be subject to the payment of damages or to any other 
44 
penalty. 
45 
46 
(u) Violation of Section 47 (a) (iv) (Reverse engineering) - The same penalty for a 
47 
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this 
62 


1 
Section. 
2 
3 
(v) Violation of Section 47 (b) (Piracy through ICT) - The same penalty for a violation of 
4 
Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this Section. 
5 
6 
(w) Violation of Section 47 (c) (Cybersquatting) - The same penalty for a violation of 
7 
Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this Section. 
8 
9 
(x) Violation of Section 47 (d) (Unreasonable restriction of device privileges) - shall be 
10 
punished with a fine of not less than one hundred thousand pesos (PhP 100,000.00) or more 
11 
than two million pesos (PhP 2,000,000.00). 
12 
13 
(y) Violation of Section 48 (Fraud via ICT) - shall be punished with imprisonment of 
14 
prision correccional or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a 
15 
maximum amount that is double the amount of damage incurred, whichever is higher, or both 
16 
imprisonment and fine. 
17 
18 
(z) Violation of Section 49 (a) (ICT-enabled prostitution) -
shall be punished with 
19 
imprisonment of prision mayor or a fine of at least Two hundred thousand pesos 
20 
(PhP200,000.00) up to a maximum amount of Five hundred thousand pesos (PhP500,000.00), 
21 
or both. 
22 
23 
(aa) Violation of Section 49 (b) (ICT-enabled trafficking in persons)-
24 
25 
(i) Violation of Section 4 of the Anti-Trafficking in Persons Act of 2003 through 
26 
ICT - penalty of imprisonment of twenty (20) years and a fine of not less than One 
27 
million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.OO). 
28 
29 
(ii) Violation of Section 5 of the Anti-Trafficking in Persons Act of 2003 through 
30 
ICT - imprisonment of fifteen (15) years and a fine of not less than Five hundred 
31 
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00). 
32 
33 
(iii) Violation of Section 6 of the Anti-Trafficking in Persons Act of 2003 through 
34 
ICT -life imprisonment and a fine of not less than Two million pesos (P2,000,000.OO) but 
35 
not more than Five million pesos (P5,OOO,000.00). 
36 
37 
(iv) Violation of Section 7 of the Anti-Trafficking in Persons Act of 2003 through 
38 
ICT - imprisonment of six (6) years and a fine of not less than Five hundred thousand 
39 
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00). 
40 
41 
42 
(a b) Violation of Section 50 (a) (ICT-enabled child prostitution) - Violation of Section 5 of 
43 
the Special Protection of Children Against Abuse, Exploitation and Discrimination Act through 
44 
ICT - ree/usion temporal in its medium period to reclusion perpetua. 
45 
46 
(ac) Violation of Section 50 (b) (lCT-enabled child trafficking) - Violation of Section 7 of 
47 
the Special Protection of Children Against Abuse, Exploitation and Discrimination Act through 
63 


1 
ICT - reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum 
2 
period when the victim is under twelve (12) years of age. 
3 
4 
(ad) Violation of Section 51 (a) (Internet libel) - This shall only give rise to civil liability 
5 
and the amount shall be commensurate to the damages suffered. 
6 
7 
(ae) Violation of Section Sl (b) (Internet hate speech) - This shall only give rise to civil 
8 
liability and the amount shall be commensurate to the damages suffered. 
9 
10 
(af) Violation of Section 51 (c) (Internet child pornography) - Violation of the Anti-Child 
11 
Pornography Act through ICT - Shall be punished according to the provisions of Section 15 of 
12 
the Anti-Child Pornography Act of 2009 (RA 9775) 
13 
14 
(ag) Violation of Section 51 (d) (Internet child abuse) - Violation of Section 9 of the 
15 
Special Protection of Children Against Abuse, Exploitation and Discrimination Act through ICT -
16 
Shall be punished with imprisonment of prision mayor in its medium period. If the child used as 
17 
a performer, subject or seller! distributor is below twelve (12) years of age, the penalty shall be 
18 
imposed in its maximum period. 
19 
20 
(ah) Violation of Section 51 (e) (Internet expression inimical to the public interest) - This 
21 
shall only give rise to civil liability and the amount shall be commensurate to the damages 
22 
caused by the Internet expression. 
23 
24 
. (ai) Violation of Section 52 (b) (Cyberterrorism) - The commission of acts prohibited by 
25 
the Human Security Act of 2007, as amended, through or using devices, equipment, or physical 
26 
plants connected to the Internet or to telecommunications networks shall be penalized by the 
27 
applicable provisions of the Human Security Act of 2007, as amended. 
28 
29 
(aj) Violation of $ection 52 (c) (ICT-enabled financing of terrorism) - The commission of 
30 
acts prohibited by the Terrorism Financing Prevention and Suppression Act of 2012, as 
31 
amended, through or using devices, equipment, or physical plants connected to the Internet or 
32 
to telecommunications networks shall be penalized by the applicable provisions of the 
33 
Terrorism Financing Prevention and Suppression Act of 2012, as amended. 
34 
35 
(ak) Violation of Section 52 (d) (Cyberespionage) - The commission of acts prohibited by 
36 
Article 117 of the Revised Penal Code, as amended, through or using devices, equipment, or 
37 
physical plants connected to the Internet or to telecommunications networks shall be penalized 
38 
by the applicable provisions of the Revised Penal Code, as amended. 
39 
40 
41 
Section 61. Penalties for Violations of the Magna Carta for Philippine Internet Freedom Affecting 
42 
Critical Networks and Infrastructure. - As prescribed by Section 52 (a) of this Act, a penalty one 
43 
degree higher shall be imposed on the specific violations of the Magna Carta for Philippine 
44 
Internet Freedom if committed against critical networks or information and communications 
45 
technology infrastructure. 
46 
47 
64 


1 
Section 62. Penalties for Other Violations of The Magna Carta for Philippine Internet Freedom. -
2 
A fine of not more than Five hundred thousand pesos (PhP 500,000.00) shall be imposed for a 
3 
violation of other sections of the law not covered by the preceding sections. 
4 
5 
6 
Section 63. Penalties for Violations of The Magna Carta for Philippine Internet Freedom 
7 
Committed by a Public Official or Employee. -
8 
9 
(a) Except as explicitly provided by the preceding sections, the next higher penalty shall 
10 
be imposed for a violation or negligence resulting in the violation of this Act if the violation or 
11 
negligence resulting in the violation is committed by a public official or employee in connection 
12 
with his duties. 
13 
14 
(b) If the penalty imposed forthe act or negligence resulting in the violation of this Act is 
15 
civil liability or civil liability and a fine, then an additional penalty of a fine of not less Two 
16 
hundred thousand pesos (PhP 200,000.00) but not more than Five hundred thousand pesos 
17 
(PhP 500,000.00) shall be imposed on the public official or employee. 
18 
19 
20 
Section 64. Liability Under the Data Privacy Act, the Intellectual Property Code, the Optical 
21 
Media Act, the Anti-Child Pornography Act of 2009, the Special Protection of Children Agoinst 
22 
Abuse, Exploitation and Discrimination Act, the Revised Penal Code, and Other Laws. -
23 
24 
(a) A prosecution under this act shall bar any further prosecution of the act as a violation 
25 
of any provision of the Data Privacy Act, the Intellectual Property Code, the Optical Media Act, 
26 
the Anti-Child Pornography Act of 2009, the Anti-Trafficking in Persons Act, and other special 
27 
laws, except: 
28 
29 
(i) if the act was performed through the use of a device, equipment, or physical 
30 
plant connected to the Internet or to telecommunications networks, or in connivance 
31 
with a third party with access to the same; and, 
32 
33 
(ii) if the act could not have been performed through the use the said device, 
34 
equipment, or physical plant connected to the Internet or to telecommunications 
35 
networks, or the said third party with access to the same, and; c) if the act is part of a 
36 
series of or combination with other unlawful acts, these acts being performed without 
37 
the use of a deVice, equipment, or physical plant connected to the Internet or to 
38 
telecommunications networks, or in connivance with a third party with access to the 
39 
same. 
40 
41 
42 
(b) A prosecution under this act shall bar any further prosecution of the act as a 
43 
violation of the Revised Penal Code and other special laws, except: 
44 
45 
(i) if the act was performed through the use of a deVice, equipment, or physical 
46 
plant connected to the Internet or to telecommunications networks, or in connivance 
47 
with a third party with access to the same; 
65 


1 
2 
(ii) if the violation could not have been performed through the use the said 
3 
device, 
equipment, 
or 
physical 
plant 
connected 
to 
the 
Internet 
or 
to 
4 
telecommunications networks, or the said third party with access to the same; 
5 
6 
(iii) if the act involves the transmission of data through the Internet or 
7 
telecommunications networks; and 
8 
9 
10 
(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 
11 
connected to the Internet or to telecommunications networks, or in connivance with a 
12 
third party with access to the same. 
13 
14 
15 
Section 65. Competent law enforcement agencies. -
16 
17 
(a) Department of Justice {DOl}. - The Department of Justice may create an Office of 
18 
Cybercrime, which shall be designated as the central authority in the enforcement of this Act, 
19 
and all matters related to international mutual assistance and extradition, as provided for by 
20 
this Act. 
21 
22 
(b) National Bureau of Investigation {NBI}. - The National Bureau of Investigation may 
23 
create a Cybercrime Division, which shall be responsible for matters related to enforcement of 
24 
this Act. It shall cooperate with the division responsible for matters related with transnational 
25 
crime, other divisions, and other government agencies in the enforcement of this Act. 
26 
27 
(c) Philippine National Police {PNP}. - The Criminal Investigation and Detection Group 
28 
(ClOG) of the Philippine National Police may create a Cybercrime Office, which shall be 
29 
responsible for matters related to enforcement of this Act. The PNP shall, within the extent 
30 
practicable, establish cybercrime desks in police stations, and shall cooperate with other 
31 
government agencies in the enforcement of this Act. 
32 
33 
34 
Section 66. Cybercrime courts. -
35 
36 
(a) Designation of Cybercrime Courts and Promulgation of Procedural Rules. - The 
37 
Supreme Court shall designate the court or courts, manned by judges of competence, integrity, 
38 
probity and independence in the practice of law, and competent in matters related to the 
39 
Internet and information and communications technology, that will hear and resolve cases 
40 
brought under this Act and shall promulgate the rules of pleading, practice and procedure to 
41 
govern the proceedings brought under this Act. 
42 
43 
(b) Qualifications of the Presiding Judges of cybercrime courts. - No person shall be 
44 
appointed a Presiding Judge of the Cybercrime Court unless he: 
45 
46 
47 
(i) is a natural-born citizen of the Philippines; 
66 


1 
2 
(ii) is at least thirty-five (35) years of age; 
3 
(iii) has been engaged in the practice of law in the Philippines for at least ten (10) 
4 
years, or has held a public office in the Philippines requiring admission to the practice of 
5 
law as an indispensable requisite; and, 
6 
7 
(iv) has an academic or professional background in information and 
8 
communications technology, computer science, or engineering; or has proven a high 
9 
degree of competence in the use of the Internet and information and communications 
10 
technology. 
11 
12 
Court personnel of the Cybercrime Court shall undergo training and must have the 
13 
experience and demonstrated ability in dealing with cybercrime cases and other cases related 
14 
to the Internet and information and communications technology. 
15 
16 
17 
Section 67. Jurisdiction of cybercrime courts. -
18 
19 
(al Exclusive original jurisdiction - The Cybercrime Court shall have exclusive original 
20 
jurisdiction over violations of this Act and over cases involving the Internet and information and 
21 
communications technology. 
22 
23 
(b) Suit filed at the residence of the accused for criminal violations of the Magna Carta 
24 
for Philippine Internet Freedom. - Except in cases that are extraterritorial, foreign, international, 
25 
and transnational in nature, all suits related to criminal violations of this Act shall be filed at the 
26 
cybercrime court having jurisdiction over the residence of the accused. 
27 
28 
(cl Suit filed at the cybercrime court agreed upon by the parties for civil violations of the 
29 
Magna Carta for Philippine Internet Freedom. - Except in cases that are extraterritorial, foreign, 
30 
international, and transnational in nature, all suits related to civil violations of this Act shall be 
31 
filed at the cybercrime court agreed upon by the parties. Should the parties be unable to reach 
32 
an agreement, the Court of Appeals shall determine the cybercrime court that shall have 
33 
jurisdiction over the case. 
34 
35 
36 
Section 68. Extraterritorial application of the Magna Carta for Philippine Internet Freedom. -
37 
Subject to the provision of an existing treaty of which the Philippines is a State Party, and to any 
38 
contrary provision of any law of preferential application, the provisions of this Act shall apply: 
39 
40 
(al to individual persons who, although physically outside the territorial limits of the 
41 
Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this 
42 
Act inside the territorial limits of the Philippines; 
43 
44 
(b) to individual persons who, although physically outside the territorial limits of the 
45 
Philippines, commit any of the said crimes on board a Philippine ship or aircraft; 
46 
47 
(c) to individual persons who commit any of said crimes within any embassy, consulate, 
67 


1 
or diplomatic premises belonging to or occupied by the Philippine government in an official 
2 
capacity; 
3 
4 
5 
6 
7 
8 
(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, 
(e) to Individual persons who, although physically outside the territorial limits of the 
9 
Philippines, commit said crimes directly against the Philippine government or critical 
10 
information and communications technology infrastructure in the Philippines. 
11 
12 
13 
Part 9. Implementing Rules and Regulations. 
14 
15 
Section 69. General Implementing Rules and Regulations for the Implementation of the Magna 
16 
Carta for Philippine Internet Freedom. -
17 
18 
(a) The Secretary of Information and Communication Technology, the Commissioner of 
19 
the National Telecommunications Commission, the Commissioner of the National Data Privacy 
20 
Commission, and the Chief of the Telecommunications Office, or their duly authorized and 
21 
appointed delegates, an appointee from the academe or the business sector, and an appointee 
22 
from civil society or professionallCT-oriented organizations, shall be jointly responsible for the 
23 
creation of general implementing rules and regulations (IRR) of this Act. The Solicitor-General 
24 
shall participate to ensure that the IRR is not in conflict with this Act, with other laws, with 
25 
other IRRs of this Act, and with generally accepted principles of international human, civil, and 
26 
political rights. 
27 
28 
(b) The General Implementing Rules and Regulations for the Implementation of the 
29 
Magna Carta for Philippine Internet Freedom shall be made public after its approval. 
30 
31 
(c) The President shall implement the General Implementing Rules and Regulations for 
32 
the Implementation of the Magna Carta for Philippine Internet Freedom through the applicable 
33 
agencies and instrumentalities of the Executive. 
34 
35 
36 
Section 70. Implementing Rules and Regulations for Information and Communications 
37 
Technology Infrastructure Development. -
38 
39 
(a) The Secretary of Information and Communication Technology, the Secretary of 
40 
Finance, the Director-General of the National Economic and Development Authority, and the 
41 
Chairman of the Board of Investments,.or their duly authorized and appointed delegates, an 
42 
appointee from civil society or professional ICT-oriented organizations, and an appointee from 
43 
the business sector shall be jointly responsible for the creation of implementing rules and 
44 
regulations (IRR) of this Act towards the development of information and communications 
45 
technology infrastructure. The Solicitor-General shall participate to ensure that the IRR is not in 
46 
conflict with this Act, with other laws, with other IRRs of this Act, and with generally accepted 
47 
principles of international human, civil, and political rights. 
68 


1 
2 
(b) The IRR for ICT Infrastructure Development shall be made public after its approval. 
3 
4 
(c) The President shall implement the IRR for Information and Communications 
5 
Technology Infrastructure Development through the applicable agencies and instrumentalities 
6 
of the Executive. 
7 
8 
9 
Section 71. Implementing Rules and Regulations for Cybercrime Law Enforcement. -
10 
11 
(a) The Secretary of Information and Communication Technology, the Secretary of 
12 
Justice, the Secretary of Interior and Local Government, the Secretary of Social Welfare and 
13 
Development, the Secretary of Foreign Affairs, the Director-General of the National Bureau of 
14 
Investigation, and the Director-General of the Philippine National Police, or their duly 
15 
authorized and appointed delegates, an appOintee from the academe, an appointee from civil 
16 
society, and an appOintee from a professional ICT-oriented organization shall be jointly 
17 
responsible for the creation of implementing rules and regulations (lRR) of this Act towards 
18 
cybercrime and law enforcement. The Solicitor-General and the Chairman of the Commission 
19 
on Human Rights shall participate to ensure that the IRR Is not in conflict with this Act, with 
20 
other laws, with other IRRs of this Act, and with generally accepted principles of international 
21 
human, civil, and political rights. 
22 
23 
(b) The IRR for Cybercrime and Law Enforcement shall be made public after its approval. 
24 
25 
(c) The President shall implement the IRR for Cybercrime and Law Enforcement through 
26 
the applicable agencies and instrumentalities of the Executive. 
27 
28 
29 
Section 72. Implementing Rules and Regulations for Information and Communications 
30 
Technology Education, Training, and Human Resources. -
31 
32 
(a) The Secretary of Information and Communication Technology, the Secretary of 
33 
Education, the Secretary of Science and Technology, the Commissioner of Higher Education, the 
34 
Director-General of the Technical Education and Skills Development Authority, the Head of the 
35 
National Telecommunications Training Institute, or their duly authorized and appointed 
36 
delegates, and an appointee from the academe shall be jointly responsible for the creation of 
37 
implementing rules and regulations (lRR) of this Act towards information and communications 
38 
technology education, training and human resources. The Solicitor-General and the Secretary of 
39 
Labor and Employment shall participate to ensure that the IRR is not in conflict with this Act, 
40 
with other laws, with other IRRs of this Act, and with generally accepted principles of 
41 
international human, civil, and political rights. 
42 
43 
(b) The IRR for ICT Education, Training and Human Resources Shall be made public after 
44 
its approval. 
45 
46 
(c) The President shall implement the IRR for ICT Education, Training and Human 
47 
Resources through the applicable agencies and instrumentalities of the Executive. 
69 


1 
2 
3 
Section 73. Implementing Rules and Regulations for Information and Communications 
4 
Technology Research and Development.-
5 
6 
(a) The Secretary of Information and Communication Technology, the Secretary of 
7 
Science and Technology, the Director-General of the National Economic and Development 
8 
Authority, or their duly authorized and appointed delegates, an appointee from the academe, 
9 
and an appointee from the business sector, shall be jointly responsible for the creation of 
10 
implementing rules and regulations (lRR) of this Act towards information and communications 
11 
technology research and development. The Solicitor-General shall participate to ensure that the 
12 
IRR is not in conflict with this Act, with other laws, with other IRRs of this Act, and with 
13 
generally accepted principles of international human, civil, and political rights. 
14 
15 
16 
(b) The IRR for ICT Research and Development shall be made public after its approval. 
17 
(c) The President shall implement the IRR for ICT Research and Development through 
18 
the applicable agencies and instrumentalities of the Executive. 
19 
20 
21 
Section 74. Implementing Rules and Regulations for National Cyberdefense, Cyberintelligence, 
22 
Counter-Cyberterrorism, and Counter-Cyberespionage. -
23 
24 
(a) The Secretary of National Defense, the Secretary of Interior and Local Government, 
25 
or their duly authorized and appointed delegates, the Chief of Staff of the Armed Forces of the 
26 
Philippines (AFP), the commanding general of the unit of the Philippine Air Force tasked with 
27 
national cyberdefense, the commanding officer of the Intelligence Service, Armed Forces of the 
28 
Philippines (ISAFP), the commanding officer of the Communication Electronics and Information 
29 
Systems Service, Armed Forces of the Philippines (CEISSAFP), and the Director-General of the 
30 
Philippine National Police shall be jointly responsible for the creation of implementing rules and 
31 
regulations (IRR) of this Act towards ensuring national cyberdefense, cyberintelligence, counter-
32 
cyberterrorism, and counter-cyberespionage. The Secretary of Information and Communication 
33 
Technology shall provide technical advice. The Solicitor-General and the Chairman of the 
34 
Commission on Human Rights shall participate to ensure that the IRR is not in conflict with this 
35 
Act, with other laws, with other IRRs of this Act, and with generally accepted principles of 
36 
international human, civil, and political rights. 
37 
38 
(b) The IRR for National Cyberdefense, Cyberintelligence, Counter-Cyberterrorism, and 
39 
Counter-Cyberespionage shall be made public after its approval. 
40 
41 
(c) Subject to the approval of the PreSident, and subject to the advice and consent of the 
42 
Joint Select Committee on Military and Intelligence Affairs of the House of Representatives and 
43 
the Senate, the Secretary of National Defense, the Secretary of Interior and Local Government, 
44 
or their duly authorized and appointed delegates, the Chief of Staff of the Armed Forces of the 
45 
Philippines (AFP), the commanding general of the unit of the Philippine Air Force tasked with 
46 
national cyberdefense, the commanding officer of the Intelligence Service, Armed Forces of the 
47 
Philippines (ISAFP), the commanding officer of the Communication Electronics and Information 
70 


1 
Systems Service, Armed Forces of the Philippines (CEISSAFP), and the Director-General of the 
2 
Philippine National Police shall prepare a National Cyberdefense and Cybersecurity Plan every 
3 
three years. 
4 
5 
(d) The President shall have the power to implement the National Cyberdefense and 
6 
Cybersecurity Plan. 
7 
8 
(e) The contents of the current and past National Cyberdefense and Cybersecurity Plans 
9 
shall be covered by executive privilege and shall be considered state secrets, and any 
10 
unauthorized disclosure shall be punishable to the fullest extent possible by relevant laws. 
11 
12 
Section 75. Implementing Rules and Regulations for the Provision af Free WIFI Access 
13 
The Secretary of Information and Communication Technology, Secretary of Tourism and the 
14 
Secretary of Finance shall formulate and promulgate the implementing rules and regulations of 
15 
this Act towards the designation of selected public areas for free WIFI access. 
16 
17 
Section 76. Periadic Review of the Implerrienting Rules and Regulations of the Magna Carta for 
18 
Philippine Internet Freedom. -
19 
20 
(a) Mandatory and periodic reviews of the implementing rules and regulations of the 
21 
Magna Carta for Philippine Internet Freedom shall be done by the offices designated by this Act 
22 
to create implementing rules and regulations. Such reviews shall be performed no less than 
23 
every three years and no more than every five years, to keep pace with technological 
24 
advancements and other changes. 
25 
26 
(b) Periodic reviews ofthe implementing rules and regulations and the recommendation 
27 
of the improvement of the Magna Carta for Philippine Internet Freedom shall be done by the 
28 
offices designated by this Act to create implementing rules and regulations, to keep pace with 
29 
technological advancements and other changes. 
30 
31 
32 
33 
Part 10. Final Provisions. 
34 
Section 76. Appointment of the Secretory of Information and Communications Technology. -
35 
Subject to confirmation by the Commission on Appointments, the President shall appoint the 
36 
Secretary of Information and Communications Technology within 30 days of the effectivity of 
37 
this Act. 
38 
39 
40 
Section 77. Release of Initial Appropriations. - Subject to government budgetary and audit 
41 
procedures, the Department of Budget and Management shall release appropriations to the 
42 
Secretary of Information and Communications Technology for purposes of implementing this 
43 
Act within 30 days of his appointment. 
44 
45 
71 


1 
Section 78. Preparation of Implementing Rules and Regulations. - Within 90 days of the release 
2 
of initial appropriations, implementing rules and regulations shall have been prepared and 
3 
approved. The National Cyberdefense and Cybersecurity Plan shall be prepared, approved, and 
4 
implemented within 90 days of the approval of the implementing rules and regulations. 
5 
6 
7 
Section 79. Compliance of Government lIT Infrastructure and Critical Networks, Dato, and 
8 
Internet Infrastructure. -
9 
10 
(a) Within 180 days of the approval of the implementing rules and regulations, 
11 
government agencies and instrumentalities shall have secured their private network and data 
12 
infrastructure. Penalties as prescribed by this Act shall be imposed for noncompliance. 
13 
14 
(b) Within 270 days of the approval of the implementing rules and regulations, 
15 
government agencies and instrumentalities shall have secured their public network, data, and 
16 
Internet infrastructure. Penalties as prescribed by this Act shall be imposed for noncompliance. 
17 
18 
(c) Within one (1) year of the approval of the implementing rules and regulations, all 
19 
Internet service providers, Internet exchanges, Internet data centers, Internet gateway 
20 
facilities, telecommunications entities, and persons providing Internet connection, network, or 
21 
data transmission services shall have met the minimum standards of privacy and security for 
22 
their private and public network, data, and Internet infrastructure. Penalties as prescribed by 
23 
this Act shall be imposed for noncompliance. 
24 
25 
(d) Within 90 days of the approval of the implementing rules and regulations, all 
26 
Internet service providers, Internet exchanges, Internet data centers, Internet gateway 
27 
facilities, telecommunications entities, and persons providing Internet connection, network, or 
28 
data transmission services shall have met the minimum' standards of interconnectivity and 
29 
interoperability of their information and communications technology infrastructure. 
30 
Administrative penalties shall be prescribed for noncompliance. 
31 
32 
Ie) Within 180 days of the approval of the implementing rules and regulations, all 
33 
Internet service providers, Internet exchanges, Internet data centers, Internet gateway 
34 
facilities, telecommunications entities, and persons providing Internet connection, network, or 
35 
data transmission services shall have met the minimum standards of service quality. 
36 
Administrative penalties shall be prescribed for noncompliance. 
37 
38 
39 
Section 80. Public Information Campaign for the Magna Carta for Philippine Internet Freedom 
40 
ond its Implementing Rules and Regulations. -
41 
42 
(a) The Office of the President, the Presidential Communications Development and 
43 
Strategic Planning Office or its successor agency, the Philippine Information Agency or its 
44 
successor agency, and the Department of Interior and local Government through the 
45 
information offices of local government units, shall be jointly responsible for information 
46 
campaigns to ensure nationwide awareness of the Magna Carta for Philippine Internet Freedom 
47 
and its implementing rules and regulations. 
72 


1 
2 
(b) The Department of Education and the Department of Social Welfare and 
3 
Development may provide age-appropriate information campaigns in schools to ensure 
4 
nationwide awareness of the Magna Carta for Philippine Internet Freedom, its Implementing 
5 
rules and regulations, and the safe use of the Internet and information and communications 
6 
technology for children of school age and for out-of-school youths. 
7 
8 
9 
Section 81. Initial funding requirements. -
10 
11 
(a) DICT - An initial appropriation of fifteen million pesos (PHP 15,000,000) shall be 
12 
drawn from the national government for purposes of establishment and operation of the DICT, 
13 
exclusive of the existing appropriations of its subordinate agencies, which shall accrue to the 
14 
DICT budget. 
15 
16 
(b) DOJ - The initial funding requirements for the implementation of this Act of the DO] 
17 
shall be charged againstthe current appropriations ofthe DO). 
18 
19 
(c) NBI - The initial funding requirements for the implementation of this Act of the NBI 
20 
shall be charged against the current appropriations of the NBI. 
21 
22 
(d) PNP - The initial funding requirements for the implementation of this Act of the PNP 
23 
shall be charged against the current appropriations of the PNP. 
24 
25 
(e) IRR - An initial appropriation of five million pesos (PHP 5,000,000), to be disbursed 
26 
by the Secretary of Information and Communications Technology, shall be drawn from the 
27 
national government for purposes of the preparation of the Implementing Rules and 
28 
Regulations of this Act. 
29 
30 
(f) PIA - An appropriation of five million pesos (PHP 5,000,000) may be drawn from the 
31 
national government for purposes of the information dissemination campaign on this Act by 
32 
the PIA. 
33 
34 
(g) Other agencies - The initial funding requirements for the implementation of this Act 
35 
by other agencies shall be charged against the current appropriations of the respective 
36 
agencies. 
37 
38 
39 
Section 82. Succeeding appropriations. -
Such sums as may be necessary for the 
40 
implementation of this Act shall be included in the agencies' yearly budgets under the General 
41 
Appropriations Act. 
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Section 83. Separability clause. -
If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provisions not otherwise affected shall 
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remain valid and subsisting. 
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Section 84. Repeoling clause - Any law, presidential decree or issuance, executive order, letter 
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of instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the 
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provisions of this Act is hereby repealed, modified, or amended accordingly. 
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Section 85. Effectivity clause. - This Act shall take effect fifteen (15) days after its online 
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publication in the Official Gazette. Within seven (7) days after its online publication, this Act 
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shall be published on (2) newspapers of general circulation. 
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