t \} 
FIFTEENTH CONGRESS OF TI-IE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S. No. 
3327 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The use of information and communications technology (lCT) and of the Internet has 
brought about a sea of change in the lives of ordinary Filipinos. Rare now are the queues before 
public pay telephones; today, the penetration of mobile phone subscription is pegged by the 
World Bank at 92%.1 Uncommon today are the handwritten letters and voice tapes exchanged 
between OFWs and their families and friends; instead, families communicate in real time or in 
near-real time via Skype, Facebook, Child<a internet-based texting, and email. Students and 
academics are no longer limited by the size and comprehensiveness of the local library; today, 
even advanced studies done in developed countries are available to the furthest rural classroom 
that is equipped with a computer and a broadband connection.2 
ICT has likewise been a boon to the Philippine economy. According to a 2009 World 
Bank study of rCT's impact on economies, for every ten percentage-point increase in high-speed 
Internet connections there is an increase in economic growth of 1.3 percentage points---contrast 
this with 0.8 percentage point increase in economic growth per ten percentage point increase in 
mobile phone subscriptions.3 Through fast and reliable corporate networks, the BPO, ITO, and 
other outsourcing industries have contributed USD 11 billion in export revenues, contributing an 
\ Data from World Development Indicators (WDJ, or World dataBank http://databank.worldbank.orgl); the 
primary World Bank database for development data from officially-recognized international sources. 
2 "Skype brings OFW families together at Noche Buena", GMA News Online, 29 December 20 11 
(h.up://www,Rm~tletwork,c0111/news/storv/243034/scitech/sociall11edi(l/skype~brings-ofw-fa!11ilies-together-at-noche­
buena); "More Filipinos now using Internet for news, information- study", GMA News Online, 31 January 2012 
(htl p:/ltechno logy, j ngu i rer. net/SO 13/more-11 I iR inos-now-u$:ing-internet-for -news-in format ion -study) 
3 "Information and Communications for Development 2009: Extending Reach and Increasing Impact", 
World Bank, 22 July 2009 (permanent URL: http://go.woridballk.oxgil'lATLOH7HVO; online reading: 
hl\ll:llisslIlI.com/world.baJ)k.j)ubl icaiions/docs/97808213 7605 8) 


estimated 5.4% to the country's GDP in 2011. 4 The salary scales of the average knowledge 
worker ranged from PHP 10,000 to PHP 100,000 in 2006,5 lessening the pressure for college 
graduates and professionals to seek employment abroad. 6 
Many government officials and agencies have learned that ICT and the Internet have 
been powerful tools to promote their agendas and engage the citizenry. As early as 2006, former 
councilor Peter LaviI1a had advocated C2G/G2C (citizen to government/ government to citizen) 
participative governance in Davao City through his eponymous former governance blog "Peter 
Lavina",7 and various officials have now adapted this practice via their personal blogs, Facebook 
fan pages, and Twitter accounts. ICT tools and the Internet proved invaluable in disaster 
management, rescue and relief operations during Ondoy, Pepeng, and Habagae today, 
communication through the Internet and social media are the hallmark of the well-loved public 
service of PAGASA (@dost~agasa), Project Noah (http://noah.dosl.gov.ph/), and the MMDA 
(@mmda). The use of ICT, the Internet, and social media can even be argued to have been key to 
the election of President Benigno "Noynoy" Aquino III. 9 
But even as the Philippines learned to harness ICT and the Internet for the good, the dark 
side ofICT and Internet use has not been a stranger to our shores. This has not escaped the notice 
of our legislators. Shortly after the Internet was first used in the country in 1994,10 and over the 
years since, legislators have crafted measures to ensure the protection of the public, such as the 
Electronic Commerce Act (R.A. No. 8792), the Data Privacy Act (R.A. No. 10173). 
Unfortunately, there remains legislation that confine the Philippines to 20th century capabilities 
4 "After dominating call centers, Philippine IT-BPO seeks world leadership in four more fast growing 
services", DOST-ICTO, 30 January 2012 
(h Itp:/ /www.dost.goY.ph/index. phl) ?option~com con(enl&vicw~arl ic 10& id~ I 096) 
, "An [nput-Output Analysis orthe Philippine BPO Industry", Magtibay-Ramos, Estrada, Felipe, 2 October 
2007 (hit n:1 Iwww.nscb.gov.ph/ncsl I Ot h N CS/papers/in vited%20papers/ips-02/ips02 -03. pdf) 
611BPO industry expects more dramatic growth ahead", The Manila Times, August 5, 
20 12(httQ..;llwww.manilatimes.net/index. ph p/sunday-times/front -pages/283 72-bpo-inc1ustry-expects-more-dramatic-
growth-ahead); IIBrO Sector Can Surpass OFW Remittances With GOy!t Support - Angara", Senator Edgardo 
Angara, 8 June 201 I (http://www.senate. goy.ph/press rele8se/2011/0608 angara2.asp) 
7 "The ABCs of Councilor Lavifta", Peter Lavina, March 9, 2006 
(http://peterlavina.blogspot.com/2006/03/abcs-of-counc i lor -Iavia.htm I ) 
8 "ANC interview with Communications Undersecretary Manuel L. Quezon Ill, on engagement through 
new media platforms", Presiciential Communications Development & Strategic Planning Office, 14 August 2012 
(htl I);I/pcdspo. gov. phl20 1 2/081 I 4/anc-j nterv lew-with-commuI1 ication s-undersecretaIT-manuel-l-quezon-iii-on-
engagement-through-new-media-platforms/ 
') uFacebook and Twitter --- democrat ising participation in the Philippines!!, Social Media and Politics: 
Online Social networking and Politkal Communication in Asia, Espina-Letargo, 2010 
(http://www.kas.cie/wf/doc/kas 2 I 591- I 522- 1-30.pdf? I 10120093225) 
10 "Developing a Viable Framework for Commercial Internet Operations in the Asia-Pacific Region: The 
Philippine Experience", Paraz, 1997 (11.!1p:!!~ww,isoc.orgiinet97iproccedings!E6/E6 I.HTM) 
2 


in this 21st century information society, for instance, the Public Telecommunications Policy Act 
of 1995 (R.A. No. 7925) must be updated to deal with 21st century issues. Clearly, laws that 
have an impact on cyberspace must address the realities of the present and the challenges of the 
future: The strands of law enforcement and economic development, among others, harmonized 
into a unified framework responsive to the needs of the public and of government. 
Furthermore, international and transnational threats to the national security of the 
Philippines tIu'ough the use of ICT and the Internet are made known on a daily basis. With each 
institution that falls prey to the designs of cyber terrorists, new vulnerabilities of Philippine 
institutions are likewise discovered. Various international treaties, agreements, and conventions, 
such as the UN Convention Against Transnational Organized Crime, the International 
Convention for the Suppression of the rinancing of Terrorism, and the Budapest Convention 
have highlighted the need for nation-states to secure their ICT and Internet infrastructure. 
Reports on the use ofICT as weapons, such as the alleged deployment of the "Stuxnet" worm by 
the United States against Iran, II and the alleged hacking of the People's Republic of China of 
Google servers,I2 and the recent attack on Middle Eastern oil production infrastructure by the 
Shamoon virus,13 have shown the world that ICT can be used as weapons, and thus impressed 
upon the world's leaders to develop their own countries' cybersecurity and cyberdefense 
capabilities. 
The Magna Carta [or Philippine Internet Freedom is envisioned to ensure that the 
Philippines and its individual citizens are able to meet the challenges posed by ICT and 
cyberspace, able to wield it and benefit from it in charting a better future. The urgency of this 
legislation cannot be gainsaid, and we trust that the legislators will see the wisdom of this law. 
II "Obama Order Sped Up Wave ofCyberattacks Against Iran", New York Times, Sanger, I June 2012 
(!illR:llwww.nytimes.com/20 12/06/0 I Iworld/middleeastlobama-ordered-wa ve-of-cvberattacks-aga inst -iran.hlml) 
12 "Top Chinese officials ordered attack on Google, Wikileaks cables claim", The Telegraph, Sawer, 4 
December 20 I 0 (http://www.lelegl.aph.co.uklnews/worldnews/wikileaks/8181619iTop-Chinese-officials-ordel'ed-
al tack -on -Google-W ikileaks-cab les-claim. htm!) 
13 'tlShamoon' vil'Us most destructive yet for private sector, Panetta says", Chicago Tribune, Stewart, 11 
October 2012 (hur:/ /www.ellicagotribune.com/news/sns-rt -us-usa-cvber-Qentagon -shimoonbre89b04y-
2012101I,O,5793512.stoa) 
3 


Table of Contents 
The Magna Carta for Philippine Internet Freedom 
Part 1. Preliminary Provisions 
Chapter r. General Provisions 
Section 1. Title 
Section 2. Declaration of Policy 
Chapter II. Delinition of Terms 
Section 3. Delinitions 
Part 2. Internet Rights and Freedoms 
Chapter [lJ. Internet Rights and Freedoms 
Section 4. Protection of the Internet as an open network 
Section 5. Promotion of network neutrality 
Section 6. Promotion of universal access to the Internet 
Section 7. Right to privileged access to devices 
Section 8. Right to freedom of speech and expression on 
the Internet 
Section 9. Protection of the freedom to innovate and 
create without permission 
Section 10. Right to privacy of data 
Section 11. Right to security of data 
Section 12. Protection of intellectual property 
Section 13. Promotion of development of Internet, 
network, and information and communications 
infrastructure 
Chapter I V. Compliance With Treaty Obligations and 
International Conventions 
Section 14. Declaration of Compliance 
Chapter V. Duties Related the Promotion ofInternet Freedom 
Section 1 S. The State as the Primary Duty Bearer 
Section 16. Duties of the State Agencies and 
Instrumentalities 
Chapter VI. Regulations for the Promotion ofInternet Freedom 
Section 17. Amendments to the Public 
Telecommunications Policy Act of the Philippines 
Section 18. Quality of Service and Network Fair Use 
Section 19. Amendments to the Intellectual Property 
Code of the Philippines 
Section 20. Content Fair Use 
Section 21. Amendments to the e-Commerce Act 
Section 22. Amendments to the Data Privacy Act 
Section 23. Repeal of the Anti-Cybercrime Law 
Part 3. Cybercrimc 
Chapter VII. Cybercrimes and Other Prohibited Acts 
Section 24. Network sabotage 
Section 25. Failure to Provide Reasonable Security for 
Data and Networks 
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Section 26, Violation of Data Privacy 
Section 27, Violation of Data Security 
Section 28. Illegal and Arbitrary Seizure 
Section 29, Infringement ofInteHectual Property Rights 
Section 30. fraud via ICT 
Section 31, lCT-Enabled Prostitution and ICT-Enabled 
Trafficking in Persons 
Section 32, rCT -Enabled Child Prostitution and ICT-
Enabled Child Trafficking 
Section 33. Internet Libel, Hate Speech, Child 
Pornography, and Other Expression Inimical to the 
Public Interest 
Section 34, Sabotage of critical networks and 
inli'astructure, and other acts of cyberterrorism 
Chapter VIII. Penalties 
Section 35. Applicability of the Revised Penal Code, 
Section 36. Penalties For Specific Violations of The 
Magna Carta for Philippine Internet Freedom. 
Section 37. Penalties for Violations of the Magna Carta 
for Philippine Internet Freedom Affecting Critical 
Networks and Infrastructure. 
Section 38. Penalties for Other Violations of The Magna 
Carla for Philippine Internet freedom. 
SectiOil 39, Penalties for Violations of The Magna 
Carta for Philippine Internet Freedom Committed by a 
Public Official or Employee. 
Section 40. Liability Under the Data Privacy Act, the 
Intellectual Property Code, the Optical Media Act, the 
Anti-Child Pornography Act of2009, the Revised Penal 
Code, and Other Laws. 
Chapter IX, Cybercrime Law Enforcement and Jurisdiction 
Section 41. Competent Law Enforcement Agencies 
Section 42. Cybercrime Courts 
Section 43. Jurisdiction of Cybercrime Courts 
Section 44. Extraterritorial Application of the Magna 
Carta for Philippine Internet Freedom 
Part 4. Cyberdefense and National Cybersecurity 
Chapter X. National Cybersecurity and Cyberdefense 
Section 45. Cyberwarfare and National Defense. 
Section 46, National Cybersecurity and Protection of 
Government Information and Communications 
Technology Infrastructure. 
Section 47, Amendments to the AFP Modernization 
Act. 
Chapter XI. Counter-Cyberterrorism 
Section 48. Counter-Cyberterrorism, 
Part 5. Final Provisions 
Chapter XII. Implementing Rules and Regulations 
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Section 49. General Implementing Rules and 
Regulations for the Implementation of the Magna Carta 
for Philippine Internet Freedom. 
Section 50. Implementing Rules and Regulations for 
Information and Communications Technology 
Infrastructure Development. 
Section 51. Implementing Rules and Regulations for 
Cybercrime Law Enforcement. 
Section 52. Implementing Rules and Regulations for 
Information and Communications Technology 
Education, Training, and Human Resources. 
Section 53. Implementing Rules and Regulations for 
Information and Communications Technology Research 
and Development. 
Section 54. Implementing Rules and Regulations for 
National Cyberdefense, Cyberintelligence, and Counter-
Cyberterrorism. 
Section 55. Implementing Rules and Regulations for 
Government Information and Communications 
Infrastructure and National Cybersecurity. 
Chapter XIII. Periodic Review Clause 
Section 56. Periodic Review of the Implementing Rules 
and Regulations ofthe Magna Carta for Philippine 
Internet Freedom. 
Chapter XIV. Transitory Provisions 
Section 57. Appointment of the Secretary ofInformation 
and Communications Technology. 
Section 58. Release ofInitial Appropriations. 
Section 59. Preparation ofImplementing Rules and 
Regulations. 
Section 60. Compliance of Government ICT 
Infrastructure and Critical Networks, Data, and Internet 
Infrastructure. 
Chapter XV. Public Information Campaign 
Section 61. Public Information Campaign for the Magna 
Carta for Philippine Internet Freedom and its 
Implementing Rules and Regulations. 
Chapter XVI. Appropriations 
Section 62. Initial funding requirements. 
Section 63. Succeeding appropriations. 
Chapter XVII. Separability Clause 
Section 64. Separability clause. 
Chapter XVIII. Repealing Clause 
Section 65. Repealing clause. 
Chapter XIX. Effectivity Clause 
Section 66. Effectivity clause. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S.No. 
3327 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
ESTABLISHING A MAGNA CARTA FOR PHILIPPINE INTERNET FREEDOM, 
3 
CYBERCRIME PREVENTION AND LAW ENFORCEMENT, CYBERDEFENSE 
4 
AND NATIONAL CYBERSECURITY 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
5 
Part 1. Preliminary Provisions 
6 
Chapter I. General Provisions. 
7 
Section 1. Short Title. - This Act shall be known as "The Magna Carta for Philippine 
8 
Internet Freedom." 
9 
Section 2. Declaration of Policy. -
10 
I. The State reaffirms its recognition of the vital role of communication and information 
11 
in nation-building, as stated in Article II, Section 24, of the Constitution. 
12 
2. The State affirms that all the rights, guarantees, and privileges provided by the 1987 
. 13 
Constitution, especially the rights guaranteed by Article III, and the rights, guarantees and 
14 
privileges provided by treaties and conventions to which the Philippines is a signatory and 
15 
general principles of international law, shall apply to the Filipino people in their use, 
16 
development, innovation, and invention of information and commlmications technology (ICT) 
17 
and the Internet. 
18 
3. The State affirms its commitment to the people and to all nations that, in the crafting of 
19 
laws and regulations governing the use of the Internet and of information and communications 
20 
technology, these shall be subject to Article I, II, III, and IV of the Constitution. 


1 
4. Recognizing that art, beauty, and culture can be created on devices, on networks, and 
2 
on the Internet, the State shall pursue a policy that promotes the Internet and information and 
3 
communications technology, and the innovation therein and thereof, as instruments of life, 
4 
liberty, and the pursuit of happiness. 
5 
5. Recognizing that the growth of the Internet and information and communications 
6 
technologies both depend on and contribute to the growth of the economy, advances in science 
7 
and technology, and the development of human capital, and encourage democratic discourse and 
8 
nation-building, the State reaffirms its commitments to education, to science and technology, to 
9 
labor, and to private enterprise. Fmiher, the State recognizes that development, invention, and 
10 
innovation for the Internet and for information and communications technology are pursuits of 
11 
both the public and the private sector, and can be local, national, international, and transnational 
12 
in effort. Therefore, the State shall endeavor to develop plans, policies, programs, measures, and 
13 
mechanisms to encourage development, invention, and innovation through and for the Internet 
14 
and for information and communications technology, in cooperation with other nations and 
15 
international bodies. 
16 
6. Recognizing that the growth of the Internet and information and communications 
17 
technologies affect peace and order and the enforcement of law within the national territory and 
18 
across other nations, the State reaffirms its policy of cooperation and amity with all nations, and 
19 
its adoption of generally accepted principles of international law as part of the law of the land, in 
20 
the pursuit of peace and order and in the enforcement oflaw. 
21 
7. Recognizing that the Internet has the potential to become a theater of war, and that 
22 
information and communications technologies can be developed into weapons of mass 
23 
destruction, the State reaffirms its renunciation of war as an instrument of national policy. 
24 
Therefore, consistent with the national interest, the State shall pursue a policy of "no first use" of 
25 
cyberweapons against foreign nations and shall pursue a policy of cyberdefense, and shall 
26 
endeavor to develop plans, policies, programs, measures, and mechanisms to provide security for 
27 
Internet and information and communications technology infrastructure for and in the defense of 
28 
the Filipino people. 
29 
2 


1 
8. Recognizing that the growth of the Internet and information and communications 
2 
technologies have increased the scope and potential for participative governance, transparency, 
3 
and accountability in government, the State reaffirms its policy of full public disclosure of all its 
4 
transactions involving public interest, subject to such reasonable conditions as prescribed by law. 
5 
Therefore, the State shall endeavor to develop plaus, policies, programs, measures, and 
6 
mechanisms using the Internet and information and commlmications technology in the 
7 
implementation of its policy of full public disclosure and in prescribing reasonable conditions 
8 
therefor. 
9 
9. Recognizing that the growth of the Internet and information and communications 
10 
technologies are vital to the development and flourishing of an "information society," where 
11 
anyone can create, access, utilize and share information and knowledge, and thus enable 
12 
individuals, communities and peoples to achieve their full potential in promoting their 
13 
sustainable development and improving their quality of life, the State reaffirms its commitment 
14 
to the full respect for human, civil, and political rights and the dignity of every humau person, 
15 
and shall guarantee the same in the crafting of laws and regulations governing the use of the 
16 
Internet and of information and communications technology. 
17 
Chapter II. Definition of Terms. 
18 
Section 3. Definition a/Terms. - When possible, definitions shall be adopted from those 
19 
established by the International Telecommunications Union (lTU), the Internet Engineering Task 
20 
Force (IETF), the World Wide Web Consortium (WWWC), and the Internet Corporation for 
21 
Assigned Numbers and Names (ICANN), and other international and transnational agencies 
22 
governing the development, use, and staudardization of information and communications 
23 
technology and the Internet. For purposes of this Act, the following terms shall mean: 
24 
I. Access - The ability and means to communicate with or otherwise interact with a 
25 
device, computer, system or network, to use resources to handle information, to gain Imowledge 
26 
of the information the device, computer, system, or network contains, or to control device or 
27 
system components and functions. 
3 


1 
2. Administrator - A person or role with privileged access and control over a network or 
2 
a multi-user computing environment responsible for the operation and the maintenance of the 
3 
network or computing environment. 
4 
2.1. Network administrator - A person or role responsible for the operation and 
5 
the maintenance of a network. 
6 
2.2. Systems administrator - A person or role responsible for managing a multi-
7 
user computing environment. 
8 
3. Availability - The ability of a device or set of devices to be in a state to perform a 
9 
required function under given conditions at a given instant of time or over a given time interval, 
10 
assuming that the required external resources are provided. 
11 
4. Bandwidth - The capacity of a transmission medium to carry data. 
12 
5. Bot - A computer program or software installed in a device, computer, computer 
13 
system, or network capable of performing automated tasks over the Internet, without the 
14 
knowledge or consent of the user or owner of the device computer, system, or network, with 
15 
control ceded to a third party, usually malicious. Bot may also refer to the individual device that 
16 
is infected with such programs or software. 
17 
5.1. Botnet - A network of computers infected with bots. 
18 
6. Cache - A temporary storage of recently accessed data or information, which may be 
19 
stored in the local storage medium of a device or computer, or in the storage media of a network, 
20 
for purposes of speeding up subsequent retrievals of data or information from the Internet or 
21 
networks. 
22 
7. Code - The symbolic arrangement of data or instructions in a computer program or a 
23 
set of such instructions. 
24 
8. Component - Any individual part of a device. 
25 
9. Computer - Any device or apparatus which, by electronic, electro-mechanical or 
26 
magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, 
27 
processing, retrieving, or producing information, data, figures, symbols or other modes of written 
28 
expression according to mathematical and logical rules or of performing anyone or more of 
29 
those functions. 
4 


1 
10. Computer program - A set of instructions expressed in words, codes, schemes or in 
2 
any other form, which is capable when incorporated in a medium that the computer can read, of 
3 
causing the computer to perform or achieve a particular task or result. 
4 
11. Configuration - The way a device, computer, computer system, or network is set up. 
5 
. 12. Content - Data that can be readily understood by a user immediately upon access, 
6 
which may include but is not limited to text, pictures, video, or any combination thereof. The 
7 
word is synonymous to information. Data that is readable and usable only by and between 
8 
devices, computers, systems or networks, such as traffic data, is not content. 
9 
13. Control - The use of resources, modification of the configuration, and otherwise 
10 
exertion of a directing influence on the operation of a device, computer, system, or network. 
11 
14. Critical infrastructure - The systems and assets, whether physical or virtual, so vital 
12 
to the Philippines that the incapacity or destruction of such systems and assets would have a 
13 
debilitating impact on national security, economy, public health or safety, or any combination of 
14 
those matters. 
15 
15. Critical network -
An information and communications system or network of 
16 
systems, whether physical or virtual, so vital to the Philippines that the incapacity or destruction 
17 
of such a network would have a debilitating impact on national security, economy, public health 
18 
or safety, or any combination of those matters. 
19 
16. Cryptography - The discipline which embodies principles, means, and methods for 
20 
the transformation of data in order to hide its information content, prevent its undetected 
21 
modification and/or prevent its unauthorized use. ( 
22 
17. Cyber environment - The environment comprised of users, networks, devices, all 
23 
software, processes, information in storage or transit, applications, services, and systems that can 
24 
be connected directly or indirectly to networks or the Internet. 
25 
18. Cyberattack - An attack by a hostile foreign nation-state or violent non-state actors 
26 
on Philippine critical infrastructure or networks through or using the Internet or information and 
27 
communications technology. The term may also be used to mean an assault on system security 
28 
that derives from an intelligent threat, i.e., an intelligent act that is a deliberate attempt to evade 
29 
security services and violate the security policy of a system. 
5 


1 
19. Cybercrime - Any unlawful act punishable by this law or other relevant laws 
2 
committed through or using the Internet or information and communications technology. 
3 
20. Cyberdefense - The collection of plans, policies, programs, measures, mechanisms, 
4 
and weapons designed to defend the Philippines from cyberattack. 
5 
21. Cyberintelligence -
The collection, analysis, processing, and dissemination of 
6 
information, which may be done through or using the Internet or information and 
7 
communications technology, designed to provide guidance and direction to commanders and 
8 
leaders of military and law enforcement units towards the combating of acts of cyberattack and 
9 
cyberterrorism. 
10 
22. Cybersecurity -
The collection of tools, policies, security concepts, security 
11 
safeguards, guidelines, risk management approaches, actions, training, best practices, assurance, 
12 
and technologies that can be used (0 protect the cyber environment and organization and user's 
13 
information and communications technology assets. 
14 
23. Cyberspace - A global domain within the information environment consisting of the 
15 
interdependent network of information systems infrastructures including the Internet, 
16 
telecommunications networks, computer systems, and embedded processors and controllers, or 
17 
the virtual space constituted by a computer network with a set of distributed applications and its 
18 
users. 
19 
24. Cyberterrorism - A violation of the Human Security Act of 2007 committed through 
20 
or using the Internet or information and communications technology. 
21 
25. Cyberwarfare - The actions by a nation-state or international organization to attack 
22 
and attempt to cause damage to another nation through or using computers, information and 
23 
communications technology, networks, or the Internet. 
24 
26. Data - The reinterpretable representation of information in a formalized manner 
25 
suitable for communication, interpretation, or processing, or information represented in a manner 
26 
suitable for automatic processing. 
27 
26.1. Data, private - Any and all data that does not fall under the definition of public 
28 
data. 
6 


1 
26.2. Data, public - Data which is available to the public without access being restricted 
2 
by requirements of membership, non-disclosure agreements or similar. 
3 
27. Device - The material element or assembly of such elements intended to perform a 
4 
required function. 
5 
28. Download - The transfer of data or information from the Internet or a network to a 
6 
device or computer upon request of the user for this information. 
7 
29. Encryption - An encoding scheme that produces meaningless information to all 
8 
observers except those with the decoding key. 
9 
30. End user license agreement - The legal agreement between two parties, one of which 
10 
is the user, that stipulates the terms of usage of a device, software, or service. 
11 
31. Equipment - A single apparatus or set of devices or apparatuses, or the set of main 
12 
devices of an installation, or all devices necessary to perform a specific task. 
13 
31.1. Data processing equipment - Equipment used to process data. 
14 
31.2. Network equipment - Equipment used to allow data communication between 
15 
devices, computers, systems, networks, or the Internet. 
16 
31.3. Storage equipment - Equipment used to store data. 
17 
32. Executable - The ability of a code, script, software, or computer program to be run 
18 
from start to finish in a device or computer, and providing a desired result. 
19 
33. Free and open-source software - Liberally licensed software whose license grants 
20 
users the right to use, copy, study, change, and improve its design through the availability of its 
21 
source code. 
22 
34. Hardened - The state of reduced vulnerability to unauthorized access or control or to 
23 
malicious attacks of a device, computer, network, or information and communications 
24 
technology infrastructure. 
25 
35. Hardware - The collection of physical elements that comprise a device, equipment, 
26 
computer, system, or network. 
27 
36. High-speed connection - A service that provides data connection to networks and the 
28 
Internet that has data rates faster than what is generally available to the general public. 
7 


1 
37. High-volume connection - A service that provides data connection to the networks 
2 
and the Internet that allows volumes of uploadable and/or downloadable data larger than what is 
3 
generally available to the general public. 
4 
38. Information - Data that can be readily understood by a user immediately upon access, 
5 
which may include but is not limited to text, pictures, video, or any combination thereof. The 
6 
word is synonymous to content. Data that is readable and usable only by and between devices, 
7 
computers, systems or networks, such as traffic data, is not information. 
8 
38.1. Private information - Refers to any of these three classes of information: (I) 
9 
any information whether recorded in a material form or not, from which the identity of an 
10 
individual is apparent or can be reasonably and directly ascertained by the entity holding 
11 
the information, or when put together with other information would directly and certainly 
12 
identify an individual; (2) Any and all forms of data which under the Rules of Court and 
13 
other pertinent laws constitute privileged communication; and, (3) any information whose 
14 
access requires the grant of privileges by a duly-constituted authority, which may include 
15 
but is not limited to a systems or network administrator. 
16 
38.2. Sensitive private information - Refers to personal information: (1) About an 
17 
individual's race, ethnic origin, marital status, age, color, and religious, philosophical or 
18 
political affiliations; (2) About an individual's health, education, genetic or sexual life of 
19 
a person, or to any proceeding for any offense committed or alleged to have been 
20 
committed by such person, the disposal of such proceedings, or the sentence of any court 
21 
in such proceedings; (3) Issued by government agencies peculiar to an individual which 
22 
includes, but not limited to, social security numbers, previous or current health records, 
23 
licenses or its denials, suspension or revocation, and tax returns; and (4) Specifically 
24 
established by an executive order or an act of Congress to be kept classified. 
25 
38.3. Public information - Any information that is not restricted by virtue of the 
26 
preceding definitions and can be readily accessed by any interested member of the public. 
27 
39. Information and communications technology .- The integration of real-time 
28 
communication services, non-real-time communication services, and telecommunications, 
8 


1 
computers, software, hardware, storage, and devices, which enable users to access, store, 
2 
transmit, and manipulate information. 
3 
40. Internet - The global system of interconnected computer networks linked by various 
4 
telecommunications technologies and that uses the standard Internet protocol suite. 
5 
41. Medium - A material llsed for specific purposes. 
6 
41.1. Storage medium -
The physical material or device in which data or 
7 
information may be stored, which includes but is not limited to magnetic tape, disk 
8 
drives, flash devices, electrically erasable programmable read-only memory (EEPROM) 
9 
chips, optical media disks, punched cards, and paper. 
10 
41.2. Transmission medium -
The physical material through which a data 
11 
communication signal is transmitted, which includes but is not limited to twisted-pair 
12 
copper wire, coaxial cable, optical fiber, and air. 
13 
42. Network - A collection of computers, devices, equipment, and other hardware 
14 
interconnected by communication channels that allow sharing of resources and information. 
15 
42.1. Private network - A network which is operationally private by nature and 
16 
not universally accessible by the general public. 
17 
42.2. Public network - A network which provides services to the general public. 
18 
43. Offline - The state of being disconnected from the Internet or networks. 
19 
44. Online -- The state of being connected to the Internet or a network. 
20 
45. Ownership - Ownership is defined by the Civil Code. 
21 
45.1. Privately-owned - Ownership as provided for by the Civil Code of the 
22 
Philippines by a natural person or a juridical person under Article 44 paragraph (3) of the 
23 
Civil Code. 
24 
45.2. Publicly-owned - Ownership as provided for by the Civil Code of the 
25 
Philippines by a juridical person under Article 44 paragraphs (1) and (2) of the Civil 
26 
Code. 
27 
46. Physical plant - The building, structure, and infrastructure necessary to support and 
28 
maintain a facility. 
9 


1 
47. Privacy - May refer to any of these definitions, or a combination of these definitions: 
2 
(1) the right guaranteed and protected by the Constitution; (2) the right of individuals to control 
3 
or influence what personal information related to them may be collected, managed, retained, 
4 
accessed, and used or distributed; (3) the protection of personally identifiable information; and, 
5 
(4) a way to ensure that information is not disclosed to anyone other than the intended parties 
6 
(also known as "confidentiality"). 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
action. 
48. Privilege -- A right that, when granted to an entity, permits the entity to perform an 
48.1. Privileged access - The completely unrestricted access of a user to the 
resources of a device, computer, system, or network. 
48.2. Privileged control - The completely unrestricted ability of a user to use the 
resources, modify the configuration, and otherwise exert a directing influence on the 
operation of a device, computer, system, or network. 
49. Processing - The act of performing functions or activities on data or information. 
49.1. Processing (Data Privacy Act) - Any operation or any set of operations 
performed upon personal information including, but not limited to, the collection, 
17 
recording, organization, storage, updating or modification, retrieval, consultation, use, 
18 
consolidation, blocking, erasure or destruction of data. (RA 10173) 
19 
49.2. Data processing - Any process to enter data and summarize, analyze or 
20 
otherwise convert data into usable information. 
21 
49.3. Information processing - The transformation of information in one form to 
22 
information in another form through an algorithmic process. 
23 
50. Protocol - A defined set of procedures adopted to ensure communication, or a set of 
24 
rules for data transmission in a system interlinking several participants. 
25 
51. Publication - the act of making works available to the public by wire or wireless 
26 
means in such a way that interested members of the public may access these works from a place 
27 
and time individually chosen by them. 
28 
52. Script - A computer program or sequence of instructions that is interpreted or carried 
29 
out by another computer program instead of directly by a computer, device, or equipment. 
10 


1 
53. Security - The ability to prevent fraud as well as the protection of information 
2 
availability, integrity and confIdentiality. 
3 
53.1. Security by behavioral means - The use of laws, regulations, policies, 
4 
procedures, instructions and the like to influence or restrict behavior for purposes of 
5 
maintaining security. 
6 
53.2. Security by electronic means .- The use of computer programs, software, 
7 
code, scripts, devices, or equipment for purposes of maintaining security. 
8 
53.3. Security by physical means - The use of locks, gates, security guards and 
9 
other analogous means, for purposes of maintaining security. 
10 
54. Service - A set of functions offered to a user by another person or by an organization. 
11 
54.1. Service quality - The collective effect of service performance which 
12 
determines the degree of satisfaction of a user of the service. 
13 
55. Software - The set of programs, procedures, algorithms and its documentation 
14 
concerned with the operation of a data processing system, computer, device, or equipment. 
15 
55.1. Software application - Software designed to help a user perform a specific 
16 
task or set of tasks. 
17 
56. Telecommunications - A service or system of interconnected entities providing the 
18 
ability to exchange and interchange data between points or from a point to multiple points. 
19 
57. Upload - The transfer of data or information to the Internet or a network from a 
20 
device or computer, initiated by the user. 
21 
58. Uptime - The time a device, equipment, computer, or network can be left unattended 
22 
without suffering failure, or needing to be undergo administrative or maintenance purposes. 
23 
59. User - Any person, whether natural or juridical, or any entity that makes use of a part 
24 
or whole of the resources of a device, equipment, computer, system, network, software, software 
25 
application, code, or script. 
26 
60. Virus - Any computer program, code, or script that implements unauthorized and/or 
27 
undesirable changes to a device, computer, equipment, system, or network. For purposes of this 
28 
Act, the term may be used synonymously with malware, spyware, worms, trojans, and the like. 
II 


1 
Part 2. Internet Rights and Freedoms 
2 
Chapter III. Internet Rights and Freedoms 
3 
Section 4. Protection of the Internet as an open network. -
4 
1. The State shall, within its jurisdiction, protect and promote the Internet as an open 
5 
network. 
6 
2. Except for customer premises equipment as defined by this Act and other relevant 
7 
laws, no person shall restrict or deny the interconnection or interoperability of a device, an 
8 
equipment, or a network that is capable of such interconnection or interoperability to the Internet, 
9 
to other public networks, or to other Internet service providers, telecommunications entities, or 
10 
other such persons providing Internet or data services, without due process of law or authority 
11 
vested by law. The interoperability of a device, an equipment, or a network within a private 
12 
network may be restricted by the duly authorized system and/or network administrators of the 
13 
private network, subject to the provisions ofthe Data Privacy Act and other relevant laws. 
14 
Section 5. Promotion of network neutrality. - No person shall restrict the flow of data or 
15 
information on the Internet on the basis of content, nor shall any person institute and employ 
16 
means or methods to favor the flow of information on the Internet of one class of data or 
17 
information over another on the basis of content, except: a) if the data or information whose flow 
18 
is being favored is used to solely to manage the security or service quality of a network, or of an 
19 
Internet or data service, and; b) the data or information whose flow is being favored cannot be 
20 
llsed for any other purpose other than the management of security or service quality of the 
21 
network. 
22 
Section 6. Promotion of universal access to the Internet. -
23 
1. The State shall, within its jurisdiction, protect and promote universal access to the 
24 
Internet. 
25 
2. No person shall restrict or deny another person access to the Internet without an Order 
26 
issued by a court of competent jurisdiction, issued after notice and hearing, showing probable 
27 
cause that the person's access to the Internet is a means for the commission of: 
12 


1 
(a) the felonies of Robo, HUlio, Estafa, Falsification, and Malversation, as defined 
2 
in the Revised Penal Code; 
3 
(b) any criminal offense defined and punishable in the following special penal 
4 
laws: the Anti-Trafficking in Persons Act of 2003, the Anti-Graft and Corrupt Practices 
5 
Act, the Code of Conduct and Ethical Standards for Public Officials and Employees, the 
6 
Anti-Money Laundering Act of 2001, the Violence Against Women and Children Act, 
7 
the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, 
8 
the Child and Youth Welfare Code, the Anti-Child Pornography Act of 2009, the Human 
9 
Security Act of2007, or the Data Privacy Act of2012; or 
10 
( c) any criminal offense defined and punishable by this Act. 
11 
3. Except in cases where the Petition specifies that the Internet is used to commit an act 
12 
that is defined and penalized by the Violence Against Women and Children Act or the Anti-
13 
Child Pornography Act of 2009, no Order shall be issued restricting access to the Internet for 
14 
more than sixty (60) days, or until the preliminary investigation for the predicate offense shall 
15 
have concluded, whichever is shorter. 
16 
4. Should an Information be filed on anyone of the predicate offenses mentioned in this 
17 
section, the Order restricting access to the Internet shall continue until the trial on the merits has 
18 
terminated. 
19 
5. Should the accused be convicted of the predicate offense, the Order restricting access 
20 
to the Internet shall continue until the person's criminal liability is extinguished. 
21 
6. No natural or juridical person, offering Internet access or by whose nature there is a 
22 
reasonable expectation of Internet access, including but not limited to any hotel, restaurant, 
23 
school, religious group, organization, or association, shall restrict access to the Internet or any 
24 
other public communications network from within its private network, or limit the content that 
25 
may be accessed by its employees, students, members, or guests, without a reasonable ground 
26 
related to the protection of the natural or juridical person from actual or legal threats, the privacy 
27 
of others who may be accessing the network, or the privacy of information in the network as 
28 
provided for in the Republic Act No.1 0 173 aka the "Data Privacy Act of 2012." 
13 


1 
Section 7, Right to privileged access to devices, ~ 
2 
1. The State shall, within its jurisdiction, protect the right of a person to gain or attain 
3 
privileged access or control over any device over which the person has property rights. 
4 
2, It shall not be unlawful for any person involved in the wholesale or retail of devices to 
5 
install, implant, or otherwise put in a device a component, a configuration, or code that shall 
6 
restrict the operation of a device; Provided, the installation or implantation is for the sole purpose 
7 
of ensuring the privacy or security of the interconnection or interoperability of the device with 
8 
public or private networks or Internet or information and communications technology 
9 
infrastructure. 
10 
3. Subject to the law on contracts and other relevant laws on product warranty and 
11 
consumer welfare, it shall not be unlawful for any person who, by physical, electronic, or any 
12 
other means, shall gain or attain privileged access or control over any device over which the 
13 
person has property rights; Provided, the gain or attainment of privileged access or control was 
14 
not intended to circumvent the protection of or cause the actual infringement on intellectual 
15 
property rights of another person. 
16 
Section 8, Right to/i"eedom of speech and expression on the Internet. --
17 
1, The State shall, within its jurisdiction, protect and promote the freedom of speech and 
18 
expression on the Internet. 
19 
2. The State shall, within its jurisdiction, protect the right of the people to petition the 
20 
government via the Internet for redress of grievances, 
21 
3. The State shall, within its jurisdiction, protect the right of any person to publish 
22 
material on or upload information to the Internet. 
23 
4. No person shall be compelled to restrict access to information on the Internet or to 
24 
remove published material or uploaded information from the Internet except upon Order 
25 
following a special proceeding for the purpose before a Regional Trial Court of competent 
26 
jurisdiction, upon a determination by the Court that: 
27 
(a) the nature of the material or information creates a clear and present danger ofa 
28 
substantive evil that the state has a right or duty to prevent; 
14 


1 
(b) the material or information is not protected expression under the standards of 
2 
the community or the audience toward which the material or information is directed; and 
3 
(c) the publication of the material or the uploading of the information will 
4 
constitute a criminal act punishable by laws enumerated in Section 6 ofthis Act. 
5 
5. No person shall be compelled to remove published material or uploaded information 
6 
from the Internet that is beyond the said person's capacity to remove. The party seeking to 
7 
compel the removal of the information has the burden to prove that the person being compelled 
8 
has the capacity to remove from the Internet the specific material or information. For purposes of 
9 
this section, material retained in web archives or mirror sites are presumed to be information that 
10 
is beyond the capacity of the person being compelled to remove. 
11 
6. The State shall not promote censorship or the restriction of the viewing of any content 
12 
on the Internet, until after the issuance of an appropriate Order pursuant to the provisions of this 
13 
Section. 
14 
Section 9. Protection of the freedom to innovate and create without permission. -
15 
1. The State shall, within its jurisdiction, protect and promote the freedom to innovate 
16 
and create without need for permission. No person shall restrict or deny another person the right 
17 
to develop new information and communications technologies, without due process of law or 
18 
authority vested by law. 
19 
2. Subject to such conditions as provided for in the Intellectual Property Code and other 
20 
relevant laws, no person shall be denied access to new information and communications 
21 
technologies, nor shall any new information and communications technologies be blocked, 
22 
censored, suppressed, or otherwise restricted, without due process of law or authority vested by 
23 
law. 
24 
3. No person who shall have created, invented, innovated, or otherwise developed a new 
25 
information and communications technology shall be penalized for the actions of the users of the 
26 
new information and communications technology. 
15 


1 
Section j O. Right to privacy 0/ data. -
2 
1. The State shall, within its jurisdiction, promote the protection of the privacy of data for 
3 
all persons. 
4 
2. It shall not be unlawful for any person to employ means such as encryption or 
5 
cryptography to protect the privacy of the data or networks over which the person has property 
6 
rights over. 
7 
3. Subject to such conditions as provided for in the Data Privacy Act of 2012 and other 
8 
relevant laws, no person shall access the private data of another person. 
9 
4. The State shall, within its jurisdiction, protect the right of a person to ensure the 
10 
privacy of the data or networks over which the person has property rights over, and shall protect 
11 
the right of a person to employ reasonable means to this end. It shall not be unlawful for any 
12 
person (0 employ means such as encryption or cryptography (0 protect the privacy of the data or 
13 
networks over which the person has property rights over. 
14 
5. Agencies and instrumentalities of the State that maintain data or networks shall be 
15 
required to ensure the appropriate level of privacy of the data and of the networks being 
16 
maintained. Failure to do so shall be penalized by this Act and other relevant laws. 
17 
6. Except upon a final ruling from the courts, issued following due notice or hearing, may 
18 
a person compel an agency OJ' instrumentality of the State maintaining data or networks to reduce 
19 
the level of privacy of the data or of the networks. 
20 
Section II. Right to security a/data. -
21 
1. The State shall, within its jurisdiction, promote the protection of the security of data for 
22 
all persons. 
23 
2. It shall not be unlawful for any person to employ any means, whether physical, 
24 
electronic, or behavioral, to protect the security of the data or networks over which the person 
25 
has property rights over. 
26 
3. Subject only to such conditions as provided for in the Data Privacy Act and other 
27 
relevant laws, and upon a tinal ruling from the courts, issued following due notice and hearing, 
28 
mayan Internet service provider, telecommunications entity, or other such persons providing 
16 


1 
Internet or data services, be compelled to provide a third party access to the private data or 
2 
networks of, belonging to, or otherwise identified with another person. The Internet service 
3 
provider, telecommunications entity, or such person providing Internet or data services is 
4 
obligated to notify the person that a third party has been granted access to the private data or 
5 
networks of the person, before the third party shall access the private data or networks of the 
6 
person. 
7 
4. No third party shall be granted access to the private data or networks of a person by an 
8 
Internet service provider, telecommunications entity, or such person providing Internet or data 
9 
services if the person has not been properly notified that a request for access to the private data 
10 
or networks of the person has been made. A person shall not be deemed to have been properly 
11 
notified unless the person has acknowledged the notification of the request for access and has 
12 
agreed to grant or refuse access, or unless an order compelling the person to grant the third party 
13 
access to the private data or networks shall be issued by a competent court having jurisdiction 
14 
over the residence of the person, following due notice and hearing. 
15 
5. No third party granted the right to access the private data or networks of a person by an 
16 
Internet service provider, telecommunications entity, or other such person providing Internet or 
17 
data services, shall be given any property rights over the data being accessed, the media where 
18 
the private data is stored, the equipment through which the network is run or maintained, or the 
19 
physical plant where the network equipment is housed, beyond the right to access the private 
20 
data or network. Only upon a separate final ruling from the courts, issued following due notice 
21 
and hearing, shall the third party have any property rights suppletory to the right to access the 
22 
private data or network. 
23 
6. Except upon a tinal ruling from the courts, issued following due notice and hearing, 
24 
that the data, information, or contents of a device, network equipment, or physical plant that is 
25 
the subject of judicial or quasi-judicial proceedings cannot be separated from the device, network 
26 
equipment, or physical plant, no device, network equipment, or physical plant shall be seized as 
27 
evidence of violation of this Act or other relevant laws. Except if seizure will cause restriction or 
28 
stoppage of legitimate Internet or network operations that are not subject to judicial or quasi-
17 


1 
judicial proceedings, storage media may be seized as evidence in accordance with the Rules of 
2 
Court. 
3 
7. Agencies and instrumentalities of the State that maintain data or networks, whether 
4 
private or public, shall be required to ensure the appropriate level of security of the data and of 
5 
the networks being maintained. Failure to do so shall be penalized by this Act and other relevant 
6 
laws. 
7 
8. No person may compel an agency or instrumentality of the State maintaining data or 
8 
networks to reduce the level of security of the data or of the networks being maintained. 
9 
Section 12. Protection a/intellectual property.-
10 
1. The State shall, within its jurisdiction, protect the intellectual property published on the 
11 
Internet of all persons, subject to such conditions as provided for in the Intellectual Property 
12 
Code and other relevant laws. 
13 
2. It shall be presumed that any content published on the Internet is copyrighted, unless 
14 
otherwise explicitly provided for by the author, subject to such conditions as provided for in the 
15 
Intellectual Property Code and other relevant laws. 
16 
3. Subject to Republic Act No. 8293 aka the "Intellectual Property Code of the 
17 
Philippines" and other relevant laws, no Internet Service Provider, telecommunications entity, or 
18 
such person providing Internet or data services shall have intellectual property rights over 
19 
derivative content that is the result of creation, invention, innovation, or modification by a person 
20 
using the service provided by the Internet service provider, telecommunications entity, or such 
21 
person providing Internet or data services, unless such content is a derivative work of content 
22 
already owned by or assigned to the Internet service provider, telecommunications entity, or such 
23 
person providing Internet or data services acting as a content provider. The exception to the 
24 
intellectual properly rights of the person must be explicitly provided for via an end user license 
25 
agreement to which both parties have agreed, and the existence of the derivative content must be 
26 
dependent on the service provided by the Internet service provider, telecommunications entity, or 
27 
such person providing Internet or data services. 
18 


1 
4. It shall be presumed that the parents or guardians of a minor shall have provided 
2 
agreement and shall be bound to the terms of an end user license agreement should the minor in 
3 
their care signify agreement to the end user license agreement. 
4 
5. It shall be presumed that any infringement of intellectual property rights by a minor 
5 
was done with the knowledge and consent of his parents or guardians. 
6 
Section 13. Promotion of development of Internet, network, and information and 
7 
communications infrastructure. - The State recognizes that network bandwidth is a finite 
8 
resource that is limited by technological advancements and by telecommunications infrastructure 
9 
and investment. Therefore, the State shall encourage the development of information and 
10 
communications technology and infrastructure. 
11 
Chapter IV. Compliance With Treaty Obligations 
12 
and International Conventions. 
13 
Section 14. Declaration of Compliance. -
14 
I. The State recognizes that the Internet itself is possible through the standardization of 
15 
units across multiple jurisdictions. 
16 
2. The standards for networks and the Internet, as set by the International 
17 
Telecommunications Union (ITU), the Internet Engineering Task Force (IETF), the World Wide 
18 
Web Consortium (WWWC), and the Internet Corporation for Assigned Numbers and Names 
19 
(ICANN), and their successors-in-interest are hereby adopted. No agency nor instrumentality of 
20 
the State shall issue rules and regulations contrary to these. 
21 
3. The State recognizes that the rights and obligations in the use of networks and the 
22 
Internet that shall be guaranteed and imposed by the Magna Carta for Philippine Internet 
23 
Freedom are subject to its treaty obligations and obligations under instruments of international 
24 
law. 
25 
4. The State reaffirms its compliance to the treaties and international conventions to 
26 
which it is a signatory, to wit, the International Covenant on Civil and Political Rights (ICCPR), 
27 
the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Convention 
19 


1 
on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Racial 
2 
Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination 
3 
Against Women (CEDA W), the Convention on the Rights of Persons with Disabilities (CRPD), 
4 
the United Nations Convention against Transnational Organized Crime, the United Nations 
5 
Convention against Corruption, the Geneva Convention, the United Nations Convention on 
6 
Certain Conventional Weapons, the Rome Statute of the International Criminal Court, the 
7 
Convention on Cybercrime (Budapest Convention), and the General Agreement on Tariffs and 
8 
Trade (GATT), among others. No agency or instrumentality of the State shall issue rules and 
9 
regulations governing the use of networks and the Internet contrary to these. 
10 
Chapter V. Duties Related to the Promotion of Internet Freedom. 
11 
Section 15. The State as the Primary Duly Bearer . . -
12 
I. The State, as the primary duty-bearer, shaH uphold constitutional rights, privileges, 
13 
guarantees, and obligations in the development and implementation of policies related to the 
14 
Internet and information and communication technology. 
15 
2. The State shall fulfill this duty through law, policy, regulatory instruments, 
16 
administrative guidelines, and other appropriate measures, including temporary special measures. 
17 
3. The State shall keep abreast with and be guided by developments of the Internet and of 
18 
information and communications technology under international law and shall continually design 
19 
and implement policies, laws, and other measures to promote the objectives of this Act. 
20 
Section 16. Duties a/the State Agencies and Instrumentalities. -
21 
A. Oversight 
22 
A. 1. Subject to provisions of this Act, the Department of Infonnation and 
23 
Communications Technology (DICT) shall be the lead agency for oversight over the 
24 
development and 
implementation of plans, policies, programs, measures, and 
25 
mechanisms in the use of the Internet and information and communications teclmology in 
26 
the Philippines. 
20 


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 
A. 2. The National Telecommunications Commission or its successor agency shall 
be attached to the DICT. It shall be responsible for the development, implementation, and 
enforcement of regulations, standards, instructions, and orders governing ICT 
infrastructure. The NTC shall be responsible for dispute resolution, and administrative 
and quasi-judicial proceedings, in the event of civil violations of this Act. 
A. 3. The National Data Privacy Commission, as provided for by the Data Privacy 
Act of 2012, as amended, shall be attached to the DICT. It shall be responsible for the 
development, implementation, and enforcement of regulations, standards, instructions, 
and orders governing data privacy and security. The NDPC shall be responsible for 
dispute resolution, and administrative and quasi-judicial proceedings, in the event of civil 
violations of this Act. 
A. 4. The DICT shall establish an rCT Legal Affairs Office, independent of the 
NTC and the NDPC, and independent of its other offices. The ICT Legal Affairs office 
shall be responsible for providing technical assistance to state prosecutors in the event of 
violations of this Act, and shall be responsible for the filing of cases against persons 
performing violations of this Act, upon recommendation by the NTC and the NDPC. 
A. 5. The Telecommunications Office or its successor agency shall be attached to 
the DICT. It shall be responsible for development of national ICT infrastructure primarily 
in and up to unserved and underserved areas, and the promotion of the use of ICT 
infrastructure in unserved and underserved areas. The President may, at his discretion, 
dissolve the Telecommunications Office for reasons of underperformance or 
nonperformance. 
A. 6. The National Computer Center and the National Telecommunications 
Training Institute shall be combined into the National Information and Communications 
Technology Institute eNICTI). The NICTI shall be attached to the DICT, and shall be 
primarily responsible for the development, discretion, and control of information and 
communications technology as a national resource, such as the acquisition and utilization 
of computers and related devices, data communications, information systems, software 
development, and manpower development. It shall be tasked to coordinate all activities 
21 


1 
2 
3 
4 
5 
6 
related to information technology development in the country, and shall be primarily 
responsible [or the training of government personnel in information and communications 
technology. The NICTI shall also be tasked to ensure the implementation of an integrated 
national information and communications technology program. 
The President may, at his discretion, dissolve the National Information and 
Communications 
Technology 
Institute 
for 
reasons 
of underperformance 
or 
7 
nonperformance. 
8 
A. 7. The DICT and the Official Gazette may establish a clearinghouse for 
9 
government public information, with the responsibility of publishing online and 
10 
periodically updating government public information, to promote transparency and 
11 
citizen engagement through the use of information and communications technology. 
12 
B. Cybercrime Law Enforcement. - Subject to provisions of this Act, the Department of 
13 
Justice, The Department of Interior and Local Government, the Department of Social Welfare 
14 
and Development, the Department of Information and Communications Technology, the 
15 
National Bureau of Investigation, and the Philippine National Police shall be jointly responsible 
16 
over the development and implementation of plans, policies, programs, measures, and 
17 
mechanisms for cybercrime law enforcement in the Philippines. 
18 
C. Cyberd~lense and Cybersecurily. - Subject to provisions of this Act, the Department 
19 
of National Defense shall be the lead agency for oversight over the development and 
20 
implementation of plans, policies, programs, measures, mechanisms, and weapons for national 
21 
cyberdefense and cybersecurity. 
22 
D. Information and Communications Technology Infrastructure Development. -
23 
D. 1. Subject to provisions of this Act, the Department of Information and 
24 
Communications Technology and the National Economic and Development Authority 
25 
shall have the joint responsibility to develop and implement plans, policies, programs, 
26 
measures, and mechanisms for the development of information and communications 
22 


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 
technology infrastructure 
In the Philippines and the promotion of investment 
opportunities to this end. 
D. 2. Entities involved in the development and operation of infonnation and 
communications technology infrastructure and facilities shall be entitled to the following 
incentives upon registration with the Board of Investments: 
a) Income Tax Holiday for a period no greater than the first five (5) years 
of commercial operation. 
b) Duty-free importation of machinery, equipment, and materials within 
five (5) years from registration, provided that the importations entitled to the 
incentive shall be those directly and actually needed and used exclusively for the 
information and communications technology facilities and services. 
c) Special realty tax rates on civil works, equipment, machinery and other 
improvements actually and exclusively used for information and communications 
technology facilities and services. 
d) Net operating loss carry-over (NOLCO) during the first three years 
from the start of commercial operations that have not been previously offset as 
deduction from gross income shall be carried over for the next three (3) 
consecutive taxable years immediately following the year of such loss, provided 
that operating loss resulting from the availment of incentives under this Act shall 
not be entitled to NOLCO. 
e) Special corporate tax rate of ten percent (10%) on its net taxable 
income, which shall take effect upon the expiration of the five (5) years income 
tax holiday, for a period no greater than five (5) years. 
f) Tax credit for entities involved in the development of information and 
communications teclmology infrastructure and facilities for missionary network 
connectivity in areas identified by the Telecommunications Office as unserved or 
underserved. 
g) Tax credit on domestic capital equipment and services equivalent to one 
hundred percent (100%) of the value of the value-added tax and customs duties 
23 


1 
that would have been paid on the information and communications machinery and 
2 
equipment had these been imported shall be given to a registered entity who 
3 
purchases the same from a domestic manufacturer. 
4 
h) The implementing rules of the registration of the entity involved in the 
5 
development or operation information and communications technology as well as 
6 
the incentives provided herein shall be developed by the Board of Investments 
7 
together with the DICT and the Department of Finance. 
8 
i) The information and communications technology sector IS hereby 
9 
declared a priority investment sector and shall regularly form part of the country's 
10 
Investment Priority Plan. All entities involved in the development or operation 
11 
information and communications technology registered with the BOI under this 
12 
Act shall be entitled to the incentives provided herein and in the IPP. 
13 
D. 3. Subject to joint oversight by the DICT, the DOF, the Department of Budget 
14 
and Management, and the Commission on Audit, the NEDA may establish a venture 
15 
capital corporation to encourage research and development of information and 
16 
communications technology in the Philippines. 
17 
E. Human Resources, Skills and Technology Development for Information and 
18 
Communications Technology. - Subject to provisions of this Act, the Department of Information 
19 
and Communications Technology, the Department of Science and Technology, and the 
20 
Technical Education and Skills Development Authority shall have the joint responsibility to 
21 
develop and implement plans, policies, programs, measures, and mechanisms for the 
22 
development of human resources, skills development, and technology development for 
23 
. information and communications technology infrastructure in the Philippines. 
24 
F Information and Communications Technology Education. - Subject to provisions of 
25 
this Act, the Department of Information and Communications Technology, the Department of 
26 
Education, and the Commission on Higher Education shall have the joint responsibility to 
27 
develop and implement plans, policies, programs, measures, and mechanisms for information 
28 
and communications technology education in the Philippines. 
24 


1 
G. Intellectual Property Rights Protection in Cyberspace. - Subject to provisions of this 
2 
Act and other relevant laws, the Intellectual Property Office shall, within Philippine jurisdiction, 
3 
be primarily responsible for the protection of intellectual property rights in cyberspace. As 
4 
official registrar and repository of copies of published works, the National Library and the 
5 
National Archives shall assist the Intellectual Property Office in the protection of copyright. 
6 
Chapter VI. Regulations for the Promotion of Internet Rights and Freedoms. 
7 
Section 17. Amendments to the Public Telecommunications Policy Act of the Philippines. 
8 
9 
1. Article III, Section 5 of Republic Act No. 7925 aka the "Public Telecommlmications 
10 
Policy Act of the Philippines" is hereby amended to read: 
11 
Section 
5. 
Responsibilities of the 
National 
Telecommunications 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
Commission. - The National Telecommunications Commission (Commission) 
shall be the principal administrator of this Act alld as such shall take the necessary 
measures to implement the policies and objectives set forth in this Act. 
Accordingly, in addition to its existing functions, the Commission shall be 
responsible for the following: 
a) Adopt an administrative process which would facilitate the entry of 
qualified service providers and adopt a pricing policy which would generate 
sufficient 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 
FACILITIES and 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 
25 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
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 provide the most extensive access to basic 
telecommunications, NETWORK, AND INTERNET services available at 
affordable rates to the public; 
d) Foster fair and efficient market conduct through, but not limited to the 
protection of telecommunications entities from unfair trade practices of other 
carriers; 
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 
14 
STANDARDS, PLANS, POLICIES, PROGRAMS, MEASURES, AND 
15 
MECHANISMS, INCLUDING ARBITRATION, QUASI-JUDICIAL, AND 
16 
PROSECUTORIAL MECHANISMS, TO PROTECT THE WELFARE OF 
17 
CONSUMERS AND USERS OF TELECOMMUNICATIONS, NETWORK, 
18 
AND INTERNET SERVICES; 
19 
f) Protect consumers against mIsuse of a telecommunications entity's 
20 
monopoly or quasi-monopolistic powers by, but not limited to, the investigation 
21 
of complaints and exacting compliance with service standards from such entity; 
22 
and 
23 
g) In the exercise of its regulatory and powers, continue to impose such 
24 
fees and charges as may be necessary to cover reasonable costs and expenses for 
25 
the regulation and supervision of the operations of telecommunications entities. 
26 
2. Article III, Section 6 of the Public Telecommunications Policy Act of the Philippines is 
27 
hereby amended to read: 
26 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
Section 6. Responsibilities of and Limitations to Department Powers. -
The 
Department 
of 
[Transportation 
and 
Communications 
(DOTC)] 
INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT) shall 
not exercise any power which will tend to influence or effect a review or a 
modification of the Commission's quasi-judicial functions. 
In coordination with the Commission, however, the Department shall, in 
accordance with the policies enunciated in this Act, be responsible for: 
a) the development and maintenance of a long-term strategic national 
development plan for to serve as a guide to the industry and potential investors as 
well as to the Commission; 
b) the coordination of research and development activities in government 
with the work of other institutions in the field of information and communications 
technology; 
c) the representation and promotion of Philippine interests in international 
bodies, and the negotiation of the nation's rights and obligations in international 
[telecommunications] 
INFORMATION 
TECHNOLOGY, 
COMMUNICATIONS, NETWORK, AND INTERNET matters; and 
d) the operation of a national consultative forum to facilitate interaction 
amongst 
the 
[telecommunications 
industries 1 
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] 
23 
TELECOMMUNICATIONS AND THE INTERNET. 
24 
3. Article IV of the Public Telecommunications Policy Act of the Philippines is hereby 
25 
amended to include the following provisions: 
26 
SECTION 11. LOCAL INTERNET SERVICE PROVIDER. - A LOCAL 
27 
INTERNET SERVICE PROVIDER SHALL: 
27 


1 
(A) PROVIDE UNIVERSAL INTERNET CONNECTION SERVICE 
2 
TO ALL SUBSCRIBERS WHO APPLIED FOR SUCH SERVICE, WITHIN A 
3 
REASONABLE PERIOD AND AT SUCH STANDARDS AS MAY BE 
4 
PRESCRIBED BY THE COMMISSION AND AT SUCH TARIFF AS TO 
5 
SUFFICIENTLY GIVE IT A FAIR RETURN ON ITS INVESTMENTS. 
6 
(B) BE PROTECTED FROM UNCOMPENSATED BYPASS OR 
7 
OVERLAPPING OPERATIONS OF OTHER TELECOMMUNICATIONS 
8 
ENTITIES IN NEED OF PHYSICAL LINKS OR CONNECTIONS TO ITS 
9 
CUSTOMERS IN THE AREA EXCEPT WHEN IT IS UNABLE TO 
10 
PROVIDE, WITHIN A REASONABLE PERIOD OF TIME AND AT 
11 
DESIRED STANDARD, THE INTERCONNECTION ARRANGEMENTS 
12 
REQUIRED BY SUCH ENTITIES. 
13 
(C) HAVE THE FIRST OPTION TO PROVIDE PUBLIC OR 
14 
PRIVATE NETWORK ACCESS OR INTERNET ACCESS NODES OR 
15 
ZONES IN THE AREA COVERED BY ITS NETWORK. 
16 
(D) BE ENTITLED TO A FAIR AND EQUITABLE REVENUE 
17 
SHARING 
ARRANGEMENT 
WITH 
THE INTERNET 
EXCHANGE, 
18 
INTERNET DATA CENTER, INTERNET GATEWAY FACILITY, OR SUCH 
19 
OTHER CARRIERS CONNECTED TO ITS BASIC NETWORK. 
20 
PROVIDED THAT THE SERVICE IT PROVIDES IS SOLELY 
21 
DEPENDENT ON EXISTING NETWORKS BEING OPERATED AND 
22 
MAINTAINED BY AT LEAST ONE OTHER TELECOMMUNICATIONS 
23 
ENTITY, A LOCAL INTERNET SERVICE PROVIDER NEED NOT SECURE 
24 
A FRANCHISE. 
25 
A CABLE TV FRANCHISE MAY PROVIDE LOCAL INTERNET 
26 
CONNECTION, NETWORK, OR DATA TRANSMISSION SERVICES 
.27 
WITHOUT 
A 
SEPARATE 
FRANCHISE; 
PROVIDED, 
THAT 
THE 
28 
OPERATION OF INTERNET CONNECTION, NETWORK, OR DATA 
29 
TRANSMISSION SERVICE BY THE CABLE TV FRANCHISE SHALL BE 
30 
GOVERNED BY THIS ACT AND OTHER RELEVANT LAWS. 
28 


1 
THE PROVISION OF INTERNET CONNECTION, NETWORK, OR 
2 
DATA TRANSMISSION SERVICES SHALL BE ALSO BE GOVERNED BY 
3 
TI-IE l'UBLIC SERVICE ACT, AS AMENDED, AND OTHER RELEVANT 
4 
LAWS GOVERNING UTILITIES. 
5 
SECTION 12. INTERNET EXCHANGE. -
THE NUMBER OF 
6 
ENTITIES ALLOWED TO PROVIDE INTERNET EXCHANGE SERVICES 
7 
SHALL NOT BE LIMITED, AND AS A MATTER OF POLICY, WHERE IT 
8 
IS 
ECONOMICALLY 
VIABLE, 
AT 
LEAST 
TWO 
(2) 
INTERNET 
9 
EXCHANGES SHALL BE AUTHORIZED: PROVIDED, HOWEVER, THAT 
10 
A 
LOCAL 
INTERNET 
SERVICE 
PROVIDER 
SHALL 
NOT 
BE 
11 
RESTRICTED FROM OPERATING ITS OWN INTERNET EXCHANGE 
12 
SERVICE IF ITS 
VIABILITY IS 
DEPENDENT THERETO. SUCH 
13 
INTERNET 
EXCHANGE 
SHALL 
HAVE 
THE 
FOLLOWING 
14 
OBLIGATIONS: 
15 
(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET 
16 
EXCHANGES IN THE SAME CATEGORY AND WITH ALL LOCAL 
17 
INTERNET 
SERVICE 
PROVIDERS 
AND 
OTHER 
18 
TELECOMMUNICATIONS 
ENTITIES, 
UPON 
APPLICATION 
AND 
19 
WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND 
20 
REASONABLE LEVEL CHARGES, IN ORDER THAT INTERNET AND 
21 
NETWORK SERVICES ARE MADE POSSIBLE; AND 
22 
(B) IT SHALL HAVE THE RIGHT TO ESTABLISH AND OPERATE 
23 
ITS OWN NETWORK FACILITIES THROUGH WHICH INTERNATIONAL 
24 
NETWORKS OR INTERNATIONAL GATEWAY FACILITIES SHALL BE 
25 
ABLE TO COURSE THEIR MESSAGES OR SIGNALS. 
26 
(C) IT SHALL COMPLY WITH INTERNATIONAL AND GENERIC 
27 
ENGINEERING REQUIREMENTS AND STANDARDS OF OPERATION 
28 
FOR INTERNET EXCHANGES. 
29 
SECTION 13. INTERNET DATA CENTER. -
THE NUMBER OF 
30 
ENTITIES ALLOWED TO PROVIDE INTERNET DATA CENTER 
29 


1 
SERVICES SHALL NOT BE LIMITED, AND AS A MATTER OF POLICY, 
2 
WHERE IT IS ECONOMICALLY VIABLE, AT LEAST TWO (2) INTERNET 
3 
DATA CENTERS SHALL BE AUTHORIZED: PROVIDED, HOWEVER, 
4 
THAT A LOCAL INTERNET SERVICE PROVIDER OR CONTENT 
5 
PROVIDER SHALL NOT BE RESTRICTED FROM OPERATING ITS OWN 
6 
INTERNET DATA 
CENTER IF ITS 
VIABILITY IS DEPENDENT 
7 
THERETO. SUCH INTERNET DATA CENTER SHALL HAVE THE 
8 
FOLLOWING OBLIGATIONS: 
9 
(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET 
10 
DATA CENTERS IN THE SAME CATEGORY AND WITH ALL LOCAL 
INTERNET 
SERVICE 
PROVIDERS 
AND 
OTHER 
11 
12 
TELECOMMUNICATIONS 
ENTITIES, 
UPON 
APPLICATION 
AND 
13 
WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND 
14 
REASONABLE LEVEL CHARGES, IN ORDER THAT INTERNET AND 
15 
NETWORK SERVICES ARE MADE POSSIBLE; AND 
16 
(B) IT SHALL HAVE THE RIGHT TO ESTABLISH AND OPERATE 
17 
ITS OWN NETWORK FACILITIES THROUGH WHICH INTERNATIONAL 
18 
NETWORKS OR INTERNATIONAL GATEWAY FACILITIES SHALL BE 
19 
ABLE TO COURSE THEIR MESSAGES OR SIGNALS. 
20 
(C) IT SHALL COMPLY WITH INTERNATIONAL AND GENERIC 
21 
ENGINEERING REQUIREMENTS AND STANDARDS OF OPERATION 
22 
FOR NETWORK AND DATA CENTERS. 
23 
SECTION 14. INTERNET GATEWAY FACILITY. - ONLY ENTITIES 
24 
WHICH WILL PROVIDE INTERNET EXCHANGE SERVICES OR 
25 
INTERNET DATA CENTER SERVICES, AND CAN DEMONSTRABLY 
26 
SHOW TECHNICAL AND FINANCIAL CAP ABILITY TO INSTALL AND 
27 
OPERATE AN INTERNATIONAL GATEWAY FACILITY, SHALL BE 
28 
ALLOWED TO OPERATE AS AN INTERNET GATEWAY FACILITY. 
29 
THE ENTITY SO ALLOWED SHALL BE REQUIRED TO PRODUCE 
30 
A FIRM CORRESPONDENT OR INTERCONNECTION RELATIONSHIPS 
30 


1 
WITH MAJOR OVERSEAS TELECOMMUNICATIONS AUTHORITIES, 
2 
CARRIERS, OVERSEAS INTERNET GATEWAYS, NETWORKS, AND 
3 
INTERNET SERVICE PROVIDERS WITHIN ONE (1) YEAR FROM THE 
4 
GRANT OF THE AUTHORITY. 
5 
TI-IE INTERNET GATEWAY FACILITY SHALL ALSO COMPLY 
6 
WITH ITS OBLIGATIONS TO PROVIDE INTERNET EXCHANGE 
7 
SERVICES IN UNSERVED OR UNDERSERVED AREAS WITHIN THREE 
8 
(3) YEARS FROM THE GRANT OF THE AUTHORITY AS REQUIRED BY 
9 
EXISTING 
REGULATIONS: 
PROVIDED, HOWEVER, 
THAT 
SAID 
10 
INTERNET GATEWAY FACILITY SHALL BE DEEMED TO HAVE 
11 
COMPLIED WITH THE SAID OBLIGATION IN THE EVENT IT ALLOWS 
12 
AN AFFILIATE THEREOF TO ASSUME SUCH OBLIGATION AND WHO 
13 
COMPLIES THEREWITH. 
14 
FAILURE TO COMPLY WITH THE ABOVE OBLIGATIONS SHALL 
15 
BE A CAUSE TO CANCEL ITS AUTHORITY OR PERMIT TO OPERATE 
16 
AS AN INTERNET GATEWAY FACILITY. 
17 
SECTION 15. CONTENT PROVIDER. - EXCEPT FOR BUSINESS 
18 
PERMITS AND OTHER REGULATORY REQUIREMENTS AS PROVIDED 
19 
FOR BY THE CONSUMER ACT OF THE PHILIPPINES, AS AMENDED, 
20 
AND 
OTHER RELEVANT 
LAWS, 
AND 
PROVIDED 
THAT THE 
21 
TRANSMISSION OF ITS CONTENT IS SOLELY DEPENDENT ON 
22 
EXISTING NETWORKS BEING OPERATED AND MAINTAINED BY AT 
23 
LEAST ONE OTHER TELECOMMUNICATIONS ENTITY, A CONTENT 
24 
PROVIDER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES 
25 
NEED NOT SECURE A FRANCHISE, LICENSE, OR PERMIT TO 
26 
OPERATE IN THE PHILIPPINES. 
27 
SUBJECT TO THE NATURE OF THE CONTENT THAT IS 
28 
PROVIDED BY 
THE CONTENT PROVIDER FOR COMMERCIAL 
29 
PURPOSES, LAWS SUCH AS P AGCOR CHARTER, AS AMENDED, THE 
31 


1 
MTRCB CHARTER, AS AMENDED, AND OTHER RELEVANT LAWS, 
2 
SHALL BE DEEMED APPLICABLE TO THE CONTENT PROVIDER. 
3 
4. Article IV, Section 11 of the Public Telecommunications Policy Act of the Philippines 
4 
is hereby amended to read: 
5 
Section 11. Value-added Service Provider. - Provided that [it does not put 
6 
up its own network) THE SERVICE IT PROVIDES IS SOLELY 
7 
DEPENDENT ON EXISTING NETWORKS BEING OPERATED AND 
8 
MAINTAINED BY AT LEAST ONE OTHER TELECOMMUNICATIONS 
9 
ENTITY, a VAS provider need not secure a franchise. A V AS provider shall be 
10 
allowed to competitively offer its services and/or expertise, and lease or rent 
11 
telecommunications equipment and facilities necessary to provide such 
12 
specialized services, in the domestic and/or international market in accordance 
13 
with network compatibility. 
14 
Telecommunications entities may provide V AS, subject to the additional 
15 
requirements that: 
16 
(a) prior approval of the Commission is secured to ensure that such V AS 
17 
offerings are not cross-subsidized from the proceeds of their utility operations; 
18 
(b) other providers of V AS are not discriminated against in rates nor 
19 
denied equitable access to their facilities; and, 
20 
( c) separate books of accounts are maintained for the V AS. 
21 
THE 
PROVISION 
OF 
HIGH-SPEED 
OR 
HIGH-VOLUME 
22 
INTERNET CONNECTION OR DATA TRANSMISSION SERVICES AS A 
23 
SERVICE SEPARATE FROM NORMAL INTERNET CONNECTION OR 
24 
DATA TRANSMISSION SERVICES SHALL NOT BE CLASSED AS A 
25 
VALUE-ADDED SERVICE. 
26 
5. Article V, Section 14 of the Public Telecommunications Policy Act of the Philippines 
27 
is hereby amended to read: 
32 


1 
Section 14. Customer Premises Equipment. -
Telecommunications 
2 
subscribers AND INTERNET AND NETWORK USERS shall be allowed to 
3 
use within their premises terminal equipment, such as telephone, P ABX, 
4 
facsimile, SUBSCRIBER IDENTIFICATION MODULE (SIM) CARDS, 
5 
data, 
record, 
message 
and 
other 
special 
purpose 
or 
multi-function 
6 
telecommunication terminal equipment intended for such connection: Provided, 
7 
that the equipment is type-approved by the Commission. 
8 
UNLESS 
DESIGNED 
AND 
MANUFACTURED 
AS 
SUCH 
9 
WITHOUT 
NEED 
FOR 
A 
SPECIAL 
REQUEST 
BY 
A 
10 
TELECOMMUNICATIONS 
ENTITY, NO 
CUSTOMER PREMISES 
11 
EQUIPMENT SHALL BE RESTRICTED FROM INTERCONNECTING 
12 
TO A NETWORK OR TO THE INTERNET, OR INTEROPERABILITY 
13 
WITH OTHER CUSTOMER PREMISES EQUIPMENT, NETWORK 
14 
EQUIPMENT, DATA STORAGE EQUIPMENT, OR OTHER DEVICES 
15 
OR EQUIPMENT THAT MAY BE NORMALLY INTERCONNECTED 
16 
WITH OR MAY NORMALLY ENJOY INTEROPERABILITY WITH, AS 
17 
APPLICABLE; PROVIDED, HOWEVER, THAT IN THE COURSE OF 
18 
NORMAL 
OPERATIONS 
SUCH 
INTERCONNECTION 
OR 
19 
INTEROPERABILITY 
SHALL 
NOT 
COMPROMISE 
DATA 
OR 
20 
NETWORK PRIVACY OR SECURITY. 
21 
6. Article VII, Section 20 of The Public Telecommunications Policy Act of the 
22 
Philippines is hereby amended to read: 
23 
Section 20. Rights of End-Users. - The user of telecommunications, 
24 
INTERNET, NETWORK, OR DATA TRANSMISSION service shall have the 
25 
following basic rights: 
26 
(a) Entitlement of utility service which is non-discriminatory, reliable and 
27 
conforming with minimum standards set by the Commission; 
28 
(b) Right to be given the first single-line telephone connection or the first 
29 
party-line connection within two (2) months of application for service, against 
33 


1 
deposit; or within three (3) months after targeted commencement of service in the 
2 
barangay concerned per the original schedule of service expansion approved by 
3 
the Commission, whichever deadline comes later; 
4 
(C) RIGHT TO BE GIVEN THE FIRST INTERNET OR 
5 
NETWORK 
CONNECTION 
WITHIN 
TWO 
(2) 
MONTHS 
OF 
6 
APPLICATION FOR SERVICE, AGAINST DEPOSIT; OR WITHIN 
7 
THREE (3) MONTHS AFTER TARGETED COMMENCEMENT OF 
8 
SERVICE IN THE BARANGAY CONCERNED PER THE ORIGINAL 
9 
SCHEDULE 
OF 
SERVICE 
EXPANSION 
APPROVED 
BY 
THE 
10 
COMMISSION, WHICHEVER DEADLINE COMES LATER; 
11 
(d) Regular, timely and accurate billing, courteous and efficient service at 
12 
utility business offices and by utility company personnel; 
13 
(E) TIMELY CORRECTION OF ERRORS IN BILLING AND THE 
14 
IMMEDIATE PROVISION OF REBATES OR REFUNDS BY THE 
15 
UTILITY WITHOUT NEED FOR DEMAND BY THE USER; AND; 
16 
(£) Thorough and prompt investigation of, and action upon complaints. 
17 
The utility shall endeavor to allow complaints [over the telephone] TO BE 
18 
RECEIVED. 
BY 
POST 
AND 
OVER 
MEANS 
USING 
19 
TELECOMMUNICATIONS FACILITIES OR THE INTERNET, WHICH 
20 
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO VOICE CALLS, 
21 
SHORT MESSAGE SERVICE (SMS) MESSAGES, MULTIMEDIA 
22 
MESSAGE SERVICE (MMS) MESSAGES, OR EMAIL, and shall keep a 
23 
record of all [written or phoned-in] complaints received and the actions taken to 
24 
address these complaints; 
25 
SUBJECT TO THE FILING OF A FORMAL REQUEST TO THE 
26 
UTILITY, A USER MAY REQUEST THE IMMEDIATE TERMINATION 
27 
OF SERVICE, WITHOUT THE IMPOSITION OF FEES OR PENALTIES, 
28 
AND WITH THE REFUND OF ANY FEES OR CHARGES ALREADY 
29 
I' AID BY THE USER, SHOULD A UTILITY NOT CONSISTENTLY 
34 


1 
COMPLY WITH PRECEDING PARAGRAPHS (A), (D), (E), (F), OR ANY 
2 
OTHER MINIMUM PERFORMANCE STANDARDS SET BY THE 
3 
COMMISSION. 
4 
SUBJECT TO STANDARDS SET BY THE COMMISSION, 
5 
REASONABLE FEES OR I)ENAL TIES MAY BE IMPOSED BY THE 
6 
UTILITY, OR MAY BE DEDUCTED FROM ANY FEES OR CHARGES 
7 
ALREADY PAID BY THE USER, SHOULD A USER REQUEST THE 
8 
IMMEDIATE TERMINATION OF SERVICE; PROVIDED THAT: 
9 
(1) THE UTILITY IS ABLE TO SHOW THAT THE REQUEST IS 
10 
NOT 
BASED 
ON 
A 
NONCOMPLIANCE 
WITH 
PRECEDING 
11 
PARAGRAPHS (A), (D), (E), (F), OR ANY OTHER MINIMUM 
12 
PERFORMANCE STANDARDS SET BY THE COMMISSION; OR, 
13 
(2) 
THE 
UTILITY 
HAS 
EVIDENCE 
THAT THE 
NON-
14 
COMPLIANCE HAS NOT RECURRED, IS NOT RECURRING, NOR 
15 
WILL RECUR IN THE FUTURE; OR THE UTILITY HAS EVIDENCE 
16 
THAT THE NONCOMPLIANCE WAS DUE TO FACTORS BEYOND ITS 
17 
CONTROL; OR THE UTILITY HAS PROVIDED IMMEDIATE REFUND 
18 
OR REBATE 
TO THE 
USER 
UPON 
DETECTION OF 
THE 
19 
NONCOMPLIANCE; OR THE UTILITY HAS EVIDENCE THAT IT HAS 
20 
EXERTED ITS BEST EFFORTS TO RESOLVE THE NONCOMPLIANCE 
21 
AND RESTORE THE SERVICE TO THE LEVEL AGREED BETWEEN 
22 
THE UTILITY AND THE USER WITHIN SEVEN (7) DAYS OF THE 
23 
REQUEST FOR IMMEDIATE TERMINATION; AND THE UTILITY 
24 
SHALL COMPLY WITH IMMEDIATE TERMINATION OF SERVICE, 
25 
WITHOUT THE IMPOSITION OF FEES OR PENALTIES, AND REFUND 
26 
ANY FEES OR CHARGES ALREADY PAID BY THE USER WITHOUT 
27 
NEED FOR DEMAND SHOULD THE SERVICE NOT BE RESTORED 
28 
WITHIN THE SEVEN (7) DAY PERIOD, WITHIN THREE (3) DAYS 
29 
AFTER THE TERMINATION OF SERVICE. 
35 


1 
SUBJECT TO STANDARDS SET BY THE COMMISSION, 
2 
PENALTIES MAY BE IMPOSED ON A UTILITY THAT IS UNABLE TO 
3 
COMPLY WITH PRECEDING PARAGRAPHS (B) AND (C). THE 
4 
COMMISSION MAY IMPOSE ADDITIONAL PENALTIES IF THE 
5 
UTILITY DOES NOT REFUND ANY DEPOSITS, FEES, OR CHARGES 
6 
ALREADY }'AID BY THE USER WITHOUT NEED FOR DEMAND 
7 
WITHIN THREE (3) DAYS AFTER THE DEADLINE AGREED UPON 
8 
BETWEEN THE USER AND THE UTILITY. 
9 
Section 18, Quality of Service and Network Fair Use, -
10 
1. No Internet service provider, Internet exchange, Internet data center, Internet gateway 
11 
facility, telecommunications entity, 01' person providing Internet connection, network, or data 
12 
transmission services shall: 
13 
a) Fail to provide a service, or network services on reasonable, and 
14 
nondiscriminatory terms and conditions such that any person can offer or provide 
15 
content, applications, or services to or over the network in a manner that is at least equal 
16 
to the manner in which the provider or its affiliates offer content, applications, and 
17 
services free of any surcharge on the basis of the content, application, or service; 
18 
b) Refuse to interconnect facilities with other facilities of another provider of 
19 
network services on reasonable, and nondiscriminatory terms or conditions; 
20 
c) Block, impair, or discriminate against, or to interfere with the ability of any 
21 
person to use a network service to access, to use, to send, to receive, or to offer lawful 
22 
content, applications, or services over the Internet; 
23 
d) Impose an additional charge to avoid any conduct that IS prohibited by 
24 
subscription; 
25 
e) Prohibit a user from attaching or using a device on the Internet provider's 
26 
network that does not physically damage or materially degrade other users' utilization of 
27 
the network; 
36 


1 
f) Fail to clearly, and conspicuously disclose to users, in plain language, accurate 
2 
information concerning any terms, conditions, or limitations on the network service; or, 
3 
g) Impose a surcharge or other consideration for the prioritization or offer of 
4 
enhanced quality of service to data or protocol of a particular type, and must provide 
5 
equal quality of service to all data or protocol of that type regardless of origin or 
6 
ownership. 
7 
2. Nothing in this section shall be constrned as to prevent an Internet service provider, 
8 
Internet exchange, Internet data center, Internet gateway facility, telecommunications entity, or 
9 
person providing Internet connection, network, or data transmission services from taking 
10 
reasonable and nondiscriminatory measures: 
11 
a) To manage the function of a network on a system-wide basis, provided that 
12 
such management function does not result in the discrimination between content, 
13 
application, or services offered by the provider or user; 
14 
b) To give priority to emergency communications; 
15 
c) To prevent a violation of law; or to comply with an order of the court enforcing 
16 
such law; 
17 
d) To offer consumer protection services such as parental controls, provided users 
18 
may refuse to enable such services, or opt-out; or, 
19 
e) To offer special promotional pricing or other marketing initiatives. 
20 
3. An Internet service provider, Internet exchange, Internet data center, Internet gateway 
21 
facility, telecommunications entity, or person providing Internet connection, network, or data 
22 
transmission services may provide for different levels of availability, uptime, or other service 
23 
quality standards set by the National Telecommunications Commission for services using 
24 
prepaid, postpaid, or other means of payment; Provided, that minimum levels of availability, 
25 
uptime, and other service quality standards set by the Commission shall not be different between 
26 
services using prepaid, postpaid, or other means of payment. 
37 


1 
Section 19. Amendments to the Intellectual Property Code of the Philippines. -
2 
I. Part IV, Chapter II, Section 172 of Republic Act No. 8293 aka the "Intellectual 
3 
Property Code of the Philippines" is hereby amended to read: 
4 
Section 172. Literary and Artistic Works. - 172.1. Literary and artistic 
5 
works, hereinafter referred to as "works", are original intellectual creations in the 
6 
literary and artistic domain protected from the moment of their creation and shall 
7 
include in particular: 
8 
(a) Books, pamphlets, articles, and other writings; 
9 
(b) Periodicals and newspapers; 
10 
(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, 
11 
whether or not reduced in writing or other material form; 
12 
(d) Letters; 
13 
(e) Dramatic or dramatico-musical compositions; choreographic works or 
14 
entertainment in dumb shows; 
15 
(1) Musical compositions, with or without words; 
16 
(g) Works of drawing, painting, architecture, sculpture, engraving, 
17 
lithography or other works of art; models or designs for works of art; 
18 
(h) Original ornamental designs or models for articles of manufacture, 
19 
whether or not registrable as an industrial design, and other works of applied art; 
20 
(i) Illustrations, maps, plans, sketches, charts and three-dimensional works 
21 
relative to geography, topography, architecture or science; 
22 
Ci) Drawings or plastic works of a scientific or technical character; 
23 
(k) Photographic works including works produced by a process analogous 
24 
to photography; lantern slides; 
25 
(1) Audiovisual works and cinematographic works and works produced by 
26 
a process analogous to cinematography or any process for making audio-visual 
27 
recordings; 
28 
(m)Pictorial illustrations and advertisements; 
38 


1 
(n) CODE, SCRIPTS, COMPUTER PROGRAMS, SOFTWARE 
2 
APPLICATIONS, 
AND 
OTHER 
SIMILAR 
WORK, 
WHETHER 
3 
EXECUTABLE IN WHOLE OR AS PART OF ANOTHER CODE, 
4 
SCRIPT, computer programs, SOFTWARE APPLICATION OR OTHER 
5 
SIMILAR WORK; 
6 
(0) Other literary, scholarly, scientific and artistic works. 
7 
8 
172.2. Works are protected by the sole fact oftheir creation, irrespective 
9 
of their mode or form of expression OR PUBLICATION, as well as of their 
10 
content, quality and purpose. 
11 
2. Part II, Chapter V, Section 177 of the Intellectual Property Code of the Philippines 
12 
shall be amended to read: 
13 
Section 177. Copyright, [or] COPYLEFT, AND OTHER Economic 
14 
Rights. 
THE 
ECONOMIC 
RIGHTS 
OVER 
ORIGINAL 
AND 
15 
DERIVATIVE LITERARY AND ARTISTIC WORKS SHALL BE ANY OF 
16 
THE FOLLOWING: 
17 
177.1 COPYRIGHT -
Subject to the provisions of Chapter VIII, 
18 
[copyright or] economic rights UNDER COPYRIGHT shall consist of the 
19 
exclusive right to carry out, authorize or prevent the following acts: 
20 
a) Reproduction of the work or substantial portion of the work; 
21 
b) Dramatization, translation, adaptation, abridgment, arrangement or 
22 
other transformation ofthe work; 
23 
c) The first public distribution of the original and each copy of the work 
24 
by sale or other forms of transfer of ownership; 
25 
d) Rental of the original or a copy of an audiovisual or cinematographic 
26 
work, a work embodied in a sound recording, a computer program, a compilation 
27 
of data and other materials or a musical work in graphic form, irrespective of the 
28 
ownership of the original or the copy which is the subject of the rental; 
29 
e) Public display ofthe original or a copy of the work; 
39 


1 
i) Public performance of the work; and 
2 
g) Other communication to the public of the work. 
3 
177.2. COPYLEFT - IS A TYPE OF LICENSE ON THE EXERCISE 
4 
OF ECONOMIC RIGHTS OVER ORIGINAL AND DERIVATIVE 
5 
WORKS, INCLUDING FREE AND 
OPEN-SOURCE SOFTWARE, 
6 
WHERE THE AUTHOR OR COPYRIGHT OWNER IRREVOCABLY 
7 
ASSIGNS TO THE PUBLIC, EITHER PARTIALLY OR FULLY, EITHER 
8 
ONE OR SEVERAL IN COMBINATION, THE RIGHT TO USE, 
9 
MODIFY, EXTEND, OR REDISTRIBUTE THE ORIGINAL WORK. 
10 
UNDER COPYLEFT, ANY AND ALL WORKS DERIVED FROM THE 
11 
ORIGINAL WORK SHALL BE COVERED BY THE SAME LICENSE AS 
12 
THE ORIGINAL WORK. DECLARATION OF A COPYLEFT LICENSE 
13 
SHALL BE SUFFICIENT IF A STATEMENT OF THE APPLICABLE 
14 
COPYLEFT LICENSE IS STIPULATED ON A COPY OF THE WORK AS 
15 
PUBLISHED. 
16 
177.3 FREE LICENSE -
IS A TYPE OF LICENSE ON THE 
17 
EXERCISE 
OF 
ECONOMIC 
RIGHTS 
OVER 
ORIGINAL 
AND 
18 
DERIVATIVE WORKS WHERE THE AUTHOR OR COPYRIGHT 
19 
OWNER IRREVOCABLY ASSIGNS TO THE PUBLIC ALL THE 
20 
RIGHTS TO USE, MODIFY, EXTEND, OR REDISTRIBUTE THE 
21 
ORIGINAL WORK WITHOUT ANY RESTRICTIONS, OR WHERE THE 
22 
AUTHOR OR COPYRIGHT OWNER IRREVOCABLY DECLARES THE 
23 
WORK TO BE PUBLIC DOMAIN UNDER SECTIONS 175 AND 176 OF 
24 
THIS CODE. THE REDISTRIBUTION OF ANY MODIFIED OR 
25 
DERIVATIVE WORK SHALL NOT BE REQUIRED TO ADOPT THE 
26 
SAME LICENSE AS THE ORIGINAL WORK. DECLARATION OF A 
27 
FREE LICENSE SHALL BE SUFFICIENT IF A STATEMENT TO THE 
28 
EFFECT IS STIPULATED ON A COPY OF THE WORK AS PUBLISHED. 
40 


1 
177.4 THE AUTHOR OR COPYRIGHT OWNER SHALL HAVE 
2 
THE OPTION TO DECLARE THE TYPE OF LICENSE OR ECONOMIC 
3 
RIGHTS THAT MAY BE EXERCISED BY THE PUBLIC IN RELATION 
4 
TO THE WORK; PROVIDED THAT, FAILURE OF THE AUTHOR OR 
5 
COPYRIGHT OWNER TO MAKE SUCH DECLARATION SHALL BE 
6 
CONSTRUED AS CLAIM OF ECONOMIC RIGHTS UNDER SECTION 
7 
177.1. 
8 
3. Part II, Chapter VII, Section 180 of the Intellectual Property Code of the Philippines 
9 
shall be amended to read: 
10 
Section 180. Rights of Assignee of Copyright. - 180.1. The copyright 
11 
UNDER SECTION 177.1 may be assigned in whole or in part. Within the scope 
12 
of the assignment, the assignee is entitled to all the rights and remedies which the 
13 
assignor had with respect to the copyright. 
14 
180.2. The copyright is not deemed assigned inter vivos in whole or in 
15 
part unless there is a written indication of such intention. 
16 
180.3. The submission of a literary, photographic or artistic work to a 
17 
newspaper, magazine or periodical for publication, shall constitute only a license 
18 
to make a single publication unless a greater right is expressly granted. IN THE 
19 
CASE OF POSTING TO A WEBSITE OR AN ONLINE VERSION OF A 
20 
NEWSPAPER, MAGAZINE, OR PERIODICAL, ENABLING ACCESS TO 
21 
THE WHOLE OR PORTION OF THE WORK VIA AUTOMATIC 
22 
CONTENT SYNDICATION OR SEARCH RESULTS SHALL NOT 
23 
CONSTITUTE 
VIOLATION 
OF 
THE 
LICENSE 
UNLESS 
THE 
24 
CONTRARY IS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT 
25 
BETWEEN COPYRIGHT OWNER AND PUBLISHER/HOST/SERVICE 
26 
PROVIDER. If two (2) or more persons jointly own a copyright or any part 
27 
thereof, neither of the owners shall be entitled to grant licenses without the prior 
28 
written consent of the other owner or owners. 
41 


1 
4. Part II, Chapter VII, Section 182 of the Intellectual Property Code of the Philippines 
2 
shall be amended to read: 
3 
Section 182. Filing of Assignment or License OF COPYRIGHT - An 
4 
assignment or exclusive license may be filed in duplicate with the National 
5 
Library upon payment of the prescribed fee for registration in books and records 
6 
kept for the purpose. Upon recording, a copy of the instrument shall be returned to 
7 
the sender with a notation of the fact of record. Notice of the record shall be 
8 
published in the IPO Gazette. 
9 
5. Parl II, Chapter VII, Section 187 of the Intellectual Property Code of the Philippines 
10 
shall be amended to read: 
11 
Section 187. Reproduction of Published Work. - 187.1. Subject to the 
12 
provisions of Section 177 [and subject to the provisions] in relation to the 
13 
provision of Subsection 187.2, the private reproduction of a published work in a 
14 
single copy, where the reproduction is made by a natural person exclusively for 
15 
research and private study, shall be permitted, without the authorization of the 
16 
owner of copyright in the work. 
17 
187.2. The permission granted under Subsection 187.1 shall not extend to 
18 
the reproduction of: 
19 
(a) A work of architecture in the form of building or other construction; 
20 
(b) An entire book, or a substantial part thereof, or of a musical work in 
21 
graphic form by repro graphic means; 
22 
(c) A compilation of RAW data, HAVING NOT UNDERGONE DATA 
23 
AND INFORMATION PROCESSING, and other materials; 
24 
(d) A computer program except as provided in Section 189; 
25 
(E) THE CONTENTS OF A WEBSITE, IF SUCH DOWNLOADING 
26 
IS FOR THE PURPOSE OF CREATING A BACK-UP COPY FOR 
27 
ARCHIVAL PURPOSES, OR EXCLUSIVELY TO TEMPORARILY 
28 
FACILITATE THE EXECUTION OF COMPUTER APPLICATIONS, 
42 


1 
SUCH 
AS 
BUT 
NOT 
LIMITED 
TO 
SEARCH 
ENGINES, 
OR 
2 
EXCLUSIVELY TO TEMI'ORARILY FACILITATE THE OPERATION 
3 
OF THE INTERNET OR NETWORKS, SUCH AS BUT NOT LIMITED 
4 
TO CACHE COPIES, OR EXCLUSIVELY FOR PURPOSES OF 
5 
STATISTICAL OR PERFORMANCE ANALYSIS; and, 
6 
(f) Any work in cases where reproduction would unreasonably conflict 
7 
with a normal exploitation of the work or would otherwise unreasonably prejudice 
8 
the legitimate interests of the author. 
9 
6. Part II, Chapter IX, Section 192 of the Intellectual Property Code of the Philippines 
10 
shall be amended to read: 
11 
Section 
192. 
Notice of [Copyright} APPLICABLE ECONOMIC 
12 
RIGHTS. - Each copy of a work published or offered for sale may contain a 
13 
notice bearing the name of the copyright owner, and the year of its first 
14 
publication, and, in copies produced after the creator's death, the year of such 
15 
death. IN CASE OF FAILURE OF THE COPYRIGHT OWNER TO 
16 
INDICATE THE LICENSE APPLICABLE FOR THE WORK, IT SHALL 
17 
BE PRESUMED THAT THE COPYRIGHT OWNER FULL COPYRIGHT 
18 
UNLESS INTENT TO THE CONTRARY IS PROVEN. 
19 
Section 20. Content Fair Use. -
20 
I. Subject to the provisions of the Intellectual Property Code of the Philippines, as 
21 
amended, and this Act and other relevant laws, the viewing of online content on any computer, 
22 
device, or equipment shall be considered fair use. 
23 
2. Subj ect to the provisions of the Intellectual Property Code of the Philippines, as 
24 
amended, this Act, and other relevant laws, the viewing, use, editing, decompiling, or 
25 
modification, of downloaded or otherwise offline content on any computer, device, or equipment 
26 
shall be considered fair use; Provided, that the derivative content resulting from editing, 
27 
decompiling, or modification shall be subject to the provisions of the Intellectual Property Code 
28 
of the Philippines, this Act, and other relevant laws governing derivative content. 
43 


1 
3. It shall be presumed that any person who shall upload to, download from, edit, modify, 
2 
or otherwise use content on the Internet or telecommunications networks shall have done so with 
3 
full knowledge of the nature of the intellectual property protections applicable to the content. 
4 
Section 21. Amendments to the E-Commerce Act. - Subject to the provisions of this Act, 
5 
paragraphs (a) and (b) of Section 33 of Republic Act No. 8792 aka the "Electronic Commerce 
6 
Act of 2000" are hereby repealed. 
7 
Section 22. Amendments to the Data Privacy Act. -
8 
1. Subject to the provisions of this Act, Section 7 of the Data Privacy Act of 2012 is 
9 
hereby amended in part to read: 
10 
Section 7. Functions of {he National DATA Privacy Commission. - To 
11 
administer and implement the provisions of this Act, and to monitor and ensure 
12 
compliance of the country with international standards set for data protection, 
13 
there is hereby created an independent body to be known as the National DATA 
14 
Privacy Commission, which shall have the following functions: ... 
15 
2. Subsequent mentions of "National Privacy Commission" are hereby amended to be 
16 
consistent with the amendment above. 
17 
3. Subject to the provisions of this Act, Sections 29, 31, and 32 of the Data Privacy Act of 
18 
2012 are repealed. 
19 
4. Subject to the provisions of this Act, Section 6 of the Data Privacy Act of 2012 is 
20 
amended to include the provisions on extraterritoriality as provided for by Section 44 of this Act. 
21 
5. Subject to the provisions of this Act, no other provision of the Data Privacy Act of 
22 
2012 is amended or repealed. 
23 
Section 23. Repeal of the Cybercrime Law. -
Republic Act No. 10175 aka the 
24 
"Cybercrime Prevention Act of2012" is repealed in its entirety. 
44 


1 
Part 3. Cybercrimes 
2 
Chapter VII. Cybercrimes and Other Prohibited Acts 
3 
Section 24. Network sabotage. -
4 
A. Direct network sabotage. - It shall be unlawful for any person to cause the stoppage or 
5 
degradation of Internet or network operations of another person, through electronic means, 
6 
through physical destruction of devices, equipment, physical plant, or telecommunications cables 
7 
including cable TV transmission lines and other transmission media, or through other means, 
8 
except if the stoppage or degradation has been done in the normal course of work or business by 
9 
a person authorized to stop, modify, or otherwise control network operations of the other person. 
10 
B. Indirect network sabotage. - It shall be unlawful for any person to install, infect, 
11 
implant, or otherwise put in a device, equipment, network, or physical plant any means of 
12 
performing stoppage, degradation, or modification of Internet or network operations, or data or 
13 
information processing, such as but not limited to bots, or to interconnect, establish, or otherwise 
14 
create a network of software, devices, equipment, or physical plants with the means of 
15 
performing stoppage, degradation, or modification of Internet or network operations, or data or 
16 
information processing, such as but not limited to botnets, except if the installation or 
17 
interconnection has been done in the normal course of work or business by a person authorized 
18 
to stop, modify, or otherwise control network operations or data or information processing of the 
19 
network. 
20 
C. Criminal negligence not presumed in unintentional network sabotage. - Except upon 
21 
a final ruling from the comts, issued following due notice and hearing, criminal negligence shall 
22 
not be presumed to be the cause of the unintentional stoppage or degradation of Internet or 
23 
network operations by a person authorized to stop, modify, or otherwise control network 
24 
operations, or by accident, unforeseen occurrences, or acts of God. 
25 
Section 25. Failure to Provide Reasonable Security for Data and Networks. -
26 
A. Failure to provide security. - It shall be unlawful for any Internet service provider, 
27 
telecommunications entity, or other such person providing Internet or data services to 
45 


1 
intentionally or unintentionally fail to provide appropriate levels of security for data, networks, 
2 
storage media where data is stored, equipment through which networks are run or maintained, or 
3 
the physical plant where the data or network equipment is housed. 
4 
B. Negligent failure to provide security. - Negligence resulting to acts in violation of the 
5 
Data Privacy Act of 20 12 using a device, network equipment, or physical plant connected to the 
6 
Internet, public networks, private networks, or telecommunications facilities shall constitute a 
7 
violation of the preceding paragraph, without prejudice to prosecution under the Data Privacy 
8 
Act of2012. 
9 
C. Negligent failure to provide security presumed to be the result of criminal negligence. 
10 
- The unintentional failure for any Internet service provider, telecommunications entity, or other 
11 
such person providing Internet or data services to provide appropriate levels of security for data, 
12 
networks, storage media where data is stored, equipment through which networks are run or 
13 
maintained, or the physical plant where the data or network equipment is housed shall be 
14 
presumed to be the result of criminal negligence, except upon a final ruling from the courts, 
15 
issued following due notice and hearing. 
16 
Section 26. Violation of Data Privacy. -
17 
A. Unauthorized access. - It shall be unlawful for any person to intentionally access data, 
18 
networks, storage media where data is stored, equipment through which networks are run or 
19 
maintained, the physical plant where the data or network equipment is housed, without authority 
20 
granted by the Internet service provider, telecommunications entity, or other such person 
21 
providing Internet or data services having possession or control of the data or network, or to 
22 
intentionally access intellectual property published on the Internet or on other networks without 
23 
the consent of the person having ownership, possession, or control of the intellectual property, or 
24 
without legal grounds, even if access is performed without malice. 
25 
B. Unauthorized modification. - It shall be unlawful for any person to intentionally 
26 
modify data, networks, storage media where data is stored, equipment through which networks 
27 
are tun or maintained, the physical plant where the data or network equipment is housed, without 
46 


1 
authority granted by the Internet service provider, telecommunications entity, or other such 
2 
person providing Internet or data services having possession or control of the data or network, or 
3 
to intentionally modify intellectual property published on the Internet or on other networks 
4 
without the consent of the person having ownership, possession, or control of the intellectual 
5 
property, or without legal grounds, even if the modification is performed without malice. 
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 data, 
8 
networks, storage media where data is stored, equipment through which networks are run or 
9 
maintained, the physical plant where the data or network equipment is housed, without authority 
10 
granted by the Internet service provider, telecommunications entity, or other such person 
11 
providing Internet or data services having possession or control of the data or network, or to 
12 
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 
D. Unauthorized disclosure. -
It shall be unlawful for any authorized person to 
17 
intentionally disclose or cause the disclosure to a third party or to the public any private data 
18 
being transmitted through the Internet or through public networks, or any data being transmitted 
19 
through private networks, without legal grounds, even if the disclosure was done without malice. 
20 
E. Violation of Data Privacy Act through leT - It shall be unlawful to perfonn acts in 
21 
violation of the Data Privacy Act of 2012 using a device, network equipment, or physical plant 
22 
connected to the Internet, public networks, private networks, or telecommunications facilities. 
23 
Section 27. Violation of Data Security. -
24 
A. Hacking. - It shall be unlawful for any unauthorized person to intentionally access or 
25 
to provide a third party with access to, or to hack or aid or abet a third party to hack into data, 
26 
networks, storage media where data is stored, equipment through which networks are run or 
27 
maintained, the physical plant where the data or network equipment is housed. The unauthorized 
47 


1 
access or unauthorized act of providing a third party with access to, or the hacking into, data, 
2 
networks, storage media where data is stored, equipment through which networks are run or 
3 
maintained, the physical plant where the data or network equipment is housed shall be presumed 
4 
to be malicious. 
5 
B. Cracking. - It shall be unlawful for any unauthorized person to intentionally modify or 
6 
to crack data, networks, storage media where data is stored, equipment through which networks 
7 
are run or maintained, the physical plant where the data or network equipment is housed, or for 
8 
any unauthorized person to intentionally modify intellectual property published on the Internet or 
9 
on other networks. The unauthorized modification or cracking of data, networks, storage media 
10 
where data is stored, equipment through which networks are run or maintained, the physical 
11 
plant where the data or network equipment is housed, or unauthorized modification of 
12 
intellectual property pllblished on the Internet or on other networks, shall be presumed to be 
13 
malicious. 
14 
C.l. Phishing. - It shall be unlawful for any unauthorized person to intentionally acquire 
15 
or to cause the unauthorized acquisition, or identity or data theft, or phishing of private data, 
16 
security information, or data or information used as proof of identity of another person. The 
17 
unauthorized acquisition or causing to acquire, or identity or data theft, or phishing of private 
18 
data, security information, or data or information used as proof of identity of another person shall 
19 
be presumed to be malicious. 
20 
C.2. Malicious disclosure of unwarranted or false information relative to any personal 
21 
information or personal sensitive information obtained by him or her as defined by Section 31 of 
22 
the Data Privacy Act of 20 12 shall constitute phishing. 
23 
D. Violation of Data Privacy Act in series or combination with hacking, cracking, or 
24 
phishing. - It shall be unlawful to perform acts in violation of the Data Privacy Act of 2012 
25 
using a device, network equipment, or physical plant connected to the Internet, public networks, 
26 
private networks, or telecommunications facilities performed in series or combination with acts 
27 
prohibited by the preceding paragraphs. 
48 


1 
Section 28. Illegal and Arbitrary Seizure. -
2 
A. Illegal Seizure. - It shall be unlawful for any person to seize data, information, or 
3 
contents of a device, storage medium, network equipment, or physical plant, or to seize any 
4 
device, storage medium, network equipment, or physical plant connected to the Internet or to 
5 
telecommunications networks of another person without his consent, or to gain possession or 
6 
control of the intellectual property published on the Internet or on public networks of another 
7 
person without his consent, except upon a final ruling from the courts, issued following due 
8 
notice and hearing. 
9 
B. Aiding and Abetting Illegal Seizure. - It shall be unlawful for any person to aid or abet 
10 
the seizure of data, information, or contents of a device, storage medium, network equipment, 01' 
11 
physical plant, 01' to seize any device, storage medium, network equipment, or physical plant 
12 
connected to the Internet or to telecommunications networks of another person without his 
13 
consent, or to gain possession or control of the intellectual property published on the Internet or 
14 
on public networks of another person without his consent, except upon a final ruling from the 
15 
courts, issued following due notice and hearing, allowing the person to perform such seizure, 
16 
possession, or control. 
17 
C. ArbitralY Seizure. - It shall be unlawful for any public officer or employee to seize 
18 
data, information, or contents of a device, storage medium, network equipment, or physical 
19 
plant, or to seize any device, storage medium, network equipment, or physical plant connected to 
20 
the Internet or to telecommunications networks, or to gain possession or control of intellectual 
21 
properly published on the Internet or on public networks, without legal grounds. 
22 
D. Instigating Arbitrary Seizure. -It shall be unlawful for any person to instruct a public 
23 
officer or employee to perform the seizure of data, information, or contents of a device, storage 
24. medium, network equipment, or physical plant, or to seize any device, storage medium, network 
25 
equipment, or physical plant connected to the Internet or to telecommunications networks of 
26 
another person without his consent, or to gain possession or control of the intellectual property 
27 
published on the Internet or on public networks of another person without his consent, except 
49 


1 
upon a final ruling fl'om the courts, issued following due notice and hearing, providing the 
2 
person with authority to perform such seizure, possession, or control and delegate the same to a 
3 
public officer or employee with the authority to perform such seizure, possession, or control. 
4 
Section 29. Infringement of Intellectual Property Rights. -
5 
A.!, Copyright il?tringement. -
Subject to the Intellectual Properly Code of the 
6 
Philippines, it shall be unlawful for any person to publish or reproduce on the Internet, in part or 
7 
in whole, any content that he does not have any economic rights over, or does not acknowledge 
8 
and comply with the terms of copyright or license governing the intellectual property rights 
9 
enjoyed by the content being published or reproduced, or falsely claims having intellectual 
10 
property rights over the content he does not own. 
11 
A.2. Non-attribution or plagiarism of copy left content shall constitute 
12 
infringement. 
13 
A.3. Non-attribution or plagiarism of free license or public domain content shall 
14 
constitute infringement, but shall not be subject to damages. 
15 
A.4. Subject to the Intellectual Property Code of the Philippines, it shall be 
16 
unlawful for any person to reverse-engineer any whole or part of any computer program, 
17 
software, code, or script, whether or not executable, that is the subject of a copyright, and 
18 
that he does not have any propeliy rights over, or does not acknowledge and comply with 
19 
the terms of copyright or license governing the intellectual property rights enjoyed by the 
20 
computer program being reverse-engineered. 
21 
B. Piracy. - Subject to the Intellectual Property Code of the Philippines, it shall be 
22 
unlawful for any person to publish and reproduce, with intent to profit, on the Internet or on or 
23 
through information and communications technologies, in part or in whole, any content, or 
24 
computer program, software, code, or script, whether or not executable, that he does not have 
25 
any property rights over. 
26 
C. Cybersquatling. -- Subject to the Intellectual Property Code of the Philippines and 
27 
other relevant laws, and the Uniform Domain Name Dispute Resolution Policy of the Internet 
50 


1 
Corporation for Assigned Names and Numbers (ICANN), it shall be unlawful for any person to 
2 
register or otherwise acquire, in bad faith to profit or to damage, a domain name that is: 
3 
a) Similar, identical, or confusingly similar to an existing trademark registered 
4 
with the appropriate government agency at the time of the domain name registration; or 
5 
b) Identical or in any way similar with the name of a person other than the 
6 
registrant, in case of a personal name. 
7 
D. Unreasonable restriction of deVice privileges. - Subject to Section 8 of this Act, it 
8 
shall be unlawful for any person engaged in the wholesale or retail of devices or equipment to, 
9 
by physical, electronic, or any other means, provide unreasonable restrictions on a device or 
10 
equipment. 
11 
Section 30. Fraud via JeT - It shall be unlawful for any person who, by means of a 
12 
device, equipment, or physical plant connected to the Internet or to telecommunications 
13 
networks, or in connivance with a third party with access to the same, shall use the Internet or 
14 
telecommunications networks for the purpose of deceiving or defrauding another of money, 
15 
goods, or property. 
16 
Section 31. leT-Enabled Prostitution and leT-Enabled Trafficking in Persons. -
17 
A. leT-Enabled Prostitution. - It shall be unlawful for any person who, by means of a 
18 
device, equipment, or physical plant connected to the Internet or to telecommunications 
19 
networks, or in connivance with a third party with access to the same, shall use the Internet or 
20 
telecommunications networks for the purpose of enabling the exchange of money or 
21 
consideration for services of a sexual or lascivious nature, or facilitating the performance of such 
22 
services; Provided, the services shall be performed by one or more unwilling third-party adults 
23 
under threat or duress. 
24 
B.l. leT-Enabled Trafficking in Persons. - The performance of acts prohibited by 
25 
Section 5 of R.A. No. 9208, or the "Anti-Trafficking in Persons Act of 2003," as amended, by 
26 
means of a device, storage medium, network equipment, or physical plant connected to the 
27 
Internet or to telecommunications networks shall be deemed unlawful. 
51 


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 
B.2. Section 5 of the Anti-Trafficking in Persons Act of2003 shall be amended to read: 
Section 5. Acts that Promote Trafficking in Persons. - The following acts 
which promote or facilitate trafficking in persons, shall be unlawful: 
(a) To knowingly lease or sublease, use or allow to be used any house, 
building or establishment for the purpose of promoting trafficking in persons; 
(b) To produce, print and issue or distribute unissued, tampered or fake 
counseling certificates, registration stickers and certificates of any government 
agency which issues these certificates and stickers as proof of compliance with 
government regulatory and pre-departure requirements for the purpose of 
promoting trafficking in persons; 
( 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, 
WITH 
THE 
PRIMARY 
PURPOSE OF PROMOTING TRAFFICKING IN PERSONS; 
(d) To assist in the conduct of misrepresentation or fraud for purposes of 
facilitating the acquisition of clearances and necessary exit documents from 
government agencies that are mandated to provide pre-departure registration and 
services for departing persons for the purpose of promoting trafficking in persons; 
( e) To facilitate, assist or help in the exit and entry of persons from/to the 
country at international and local airports, territorial boundaries and seaports who 
are in possession of unissued, tampered or traudulent travel documents for the 
purpose of promoting. trafficking in persons; 
(f) To confiscate, conceal, or destroy the passport, travel documents, or 
personal documents or belongings of trafficked persons in furtherance of 
52 


1 
trafficking or to prevent them from leaving the country or seeking redress from 
2 
the government or appropriate agencies; and 
3 
(g) To knowingly beneiit from, financial or otherwise, or make use of, the 
4 
labor or services of a person held to a condition of involuntary servitude, forced 
5 
labor, or slavery. 
6 
B.3. THE COMMISSION OF ACTS PROHIBITED BY THE ANTI-
7 
TRAFFICKING IN PERSONS ACT OF 2003, AS AMENDED, THROUGH 
8 
OR 
USING 
DEVICES, 
EQUIPMENT, 
OR 
PHYSICAL 
PLANTS 
9 
CONNECTED TO THE INTERNET OR TO TELECOMMUNICATIONS 
10 
NETWORKS 
SHALL 
BE 
PENALIZED 
BY 
THE 
APPLICABLE 
11 
PROVISIONS OF THE ANTI-TRAFFICKING IN PERSONS ACT OF 
12 
2003, AS AMENDED. 
13 
Section 32. ICT-Enabled Child Prostitution and ICT-Enabled Child Trafficking. -
14 
A.!. lCT-Enabied Child Prostitution. - The performance of acts prohibited by Sections 5 
15 
and 7 ofR.A. No. 7610, or the "Special Protection of Children Against Abuse, Exploitation and 
16 
Discrimination Act," as amended, by means of a device, storage medium, network equipment, or 
17 
physical plant connected to the Internet or to telecommunications networks shall be deemed 
18 
unlawful. 
19 
A.2. Section 5 of the "Special Protection of Children Against Abuse, Exploitation and 
20 
Discrimination Act" shall be amended to read: 
21 
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether 
22 
male or female, who for money, proiit, or any other consideration or due to the 
23 
coercion or influence of any adult, syndicate or group, indulge in sexual 
24 
intercoUl'se or lascivious conduct, are deemed to be children exploited in 
25 
prostitution and other sexual abuse. 
26 
The penalty of reclusion temporal in its medium period to reclusion 
27 
perpetua shall be imposed upon the following: 
53 


1 
(a) Those who engage in or promote, facilitate or induce child prostitution 
2 
which include, but are not limited to, the following: 
3 
(I) Acting as a procurer of a child prostitute; 
4 
(2) Inducing a person to be a client of a child prostitute by means 
5 
of written or. oral advertisements or other· similar means; OR TO 
6 
KNOWINGLY, WILLFULLY AND INTENTIONALLY PROVIDE 
7 
DEVICES, EQUIPMENT, OR PHYSICAL PLANTS CONNECTED 
8 
TO 
THE 
INTERNET 
OR 
TO 
TELECOMMUNICATIONS 
9 
NETWORKS WITH THE PRIMARY PURPOSE OF INDUCING A 
10 
PERSON TO BE A CLIENT OF A CHILD PROSTITUTE OR 
11 
THROUGH THE CONNIVANCE WITH A THIRD PARTY WITH 
12 
ACCESS TO THE SAME INDUCE A PERSON TO BE A CLIENT 
13 
OF A CHILD PROSTITUTE; 
14 
(3) Taking advantage of influence or relationship to procure a child 
15 
as prostitute; 
16 
(4) Threatening or using violence towards a child to engage him as 
17 
a prostitute; or 
18 
(5) Giving monetary consideration goods or other pecuniary 
19 
benefit to a child with intent to engage such child in prostitution. 
20 
(b) Those who commit the act of sexual intercourse or lascivious conduct 
21 
with a child exploited in prostitution or subject to other sexual abuse; Provided, 
22 
That when the victims is under twelve (12) years of age, the perpetrators shall be 
23 
prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 
24 
3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the 
25 
case may be: Provided, That the penalty for lascivious conduct when the victim is 
26 
under twelve (12) years of age shall be reclusion temporal in its medium period; 
27 
and 
28 
( c) Those who derive profit or advantage therefrom, whether as manager 
29 
or owner of the establishment where the prostitlltion takes place, or of the sauna, 
54 


1 
disco, bar, resort, place of entertainment or establishment serving as a cover or 
2 
which engages in prostitution in addition to the activity for which the license has 
3 
been issued to said establishment; OR THOSE WHO DERIVE PROFIT OR 
4 
ADVANTAGE 
THEREFROM, 
WHETHER 
AS 
AUTHOR, 
5 
ADMINISTRATOR, OR AUTHORIZED USER OF THE DEVICE, 
6 
EQUIPMENT, 
NETWORK, 
PHYSICAL 
PLANT, 
OR 
WEBSITE 
7 
CONNECTED TO THE INTERNET OR TO TELECOMMUNICATIONS 
8 
NETWORKS CREATED OR ESTABLISHED WITH THE PURPOSE OF 
9 
INDUCING A PERSON TO ENGAGE IN CHILD PROSTITUTION. 
10 
B.I. ICT-Enabled Child Trafficking. - Section 7 of the "Special Protection of Children 
11 
Against Abuse, Exploitation and Discrimination Act" shall be amended to read: 
12 
Section 7. Child Trafficking. - Any person who shall engage in trading 
13 
and dealing with childi'en including, but not limited to, the act of buying and 
14 
selling of a child for money, or for any other consideration, or barter, OR TO 
15 
KNOWINGLY, 
WILLFULLY 
AND 
INTENTIONALLY 
PROVIDE 
16 
DEVICES, EQUIPMENT, OR PHYSICAL PLANTS CONNECTED TO 
17 
THE INTERNET OR TO TELECOMMUNICATIONS NETWORKS, OR 
18 
THROUGH THE CONNIVANCE WITH A THIRD PARTY WITH 
19 
ACCESS TO THE SAME, FOR THE PRIMARY PURPOSE OF SUCH 
20 
TRADING AND DEALING WITH CHILDREN, shall suffer the penalty of 
21 
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its 
22 
maximum period when the victim is under twelve (12) years of age. 
23 
B.2. The commission of acts prohibited by the "Special Protection of Children Against 
24 
Abuse, Exploitation and Discrimination Act," as amended, through or using devices, equipment, 
25 
or physical plants connected to the Internet or to telecommunications networks shall be penalized 
26 
by the applicable provisions of the "Special Protection of Children Against Abuse, Exploitation 
27 
and Discrimination Act," as amended. 
55 


1 
Section 33. Internet Libel, Hate Speech, Child Pornography, and Other Expression 
2 
Inimical to the Public Interest. -
3 
A.I. Internet libel. - Internet libel is a public and malicious expression tending to cause 
4 
the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of 
5 
one who is dead, made on the Internet or on public networks. 
6 
A.2. Malice as an essential element of internet libel. - Internet libel shall not lie if malice 
7 
or intent to injure is not present. 
8 
A.3. Positive identification of the subject as an essential element of internet libel. -
9 
Internet libel shall not lie if the public and malicious expression does not explicitly identify the 
10 
person who is the subject of the expression, except if the content of the expression is sufficient 
11 
for positive and unequivocal identification of the subject of the expression. 
12 
AA. Exceptions to internet libel. - The following acts shall not constitute internet libel: 
13 
a) Expressions of protest against the government, or against foreign governments; 
14 
b) Expressions of dissatisfaction with the government, its agencies or instrumentalities, or 
15 
its officials or agents, or with those of foreign governments; 
16 
c) 
Expressions 
of dissatisfaction with non-government organizations, umons, 
17 
associations, political parties, religious groups, and public figures; 
18 
d) Expressions of dissatisfaction with the products or services of commercial entities; 
19 
e) Expressions of dissatisfaction with commercial entities, or their officers or agents, as 
20 
related to the products or services that the commercial entities provide; 
21 
f) Expressions of a commercial entity that are designed to discredit the products or 
22 
services of a competitor, even if the competitor is explicitly identified; 
23 
g) An expression made with the intention of remaining private between persons able to 
24 
access or view the expression, even ifthe expression is later released to the public; and, 
25 
h) A fair and true report, made in good faith, without any comments or remarks, of any 
26 
judicial, legislative or other official proceedings, or of any statement, report or speech delivered 
27 
in said proceedings, or of any other act performed by public officers in the exercise of their 
28 
functions, or of any matter of public interest. 
56 


1 
A.S. Truth as a defense. - Internet libel shall not lie if the content of the expression is 
2 
proven to be true, or if the expression is made on the basis of published reports presumed to be 
3 
true, or if the content is intended to be humorous or satirical in nature, except if the content has 
4 
been adjudged as unlawful or offensive in nature in accordance with existing jurisprudence. 
5 
B.I. Internet hate speech. - Internet hate speech is a public and malicious expression 
6 
calling for the commission of illegal acts on an entire class of persons, a reasonably broad 
7 
section thereof, or a person belonging to such a class, based on gender, sexual orientation, 
8 
religious belief or affiliation, political belief or affiliation, ethnic or regional affiliation, 
9 
citizenship, or nationality, made on the Internet or on public networks. 
10 
B.2. Call for the commission of illegal acts as an essential element for internet hate 
11 
speech. - Internet hate speech shall not lie if the expression does not call for the commission of 
12 
illegal acts on the person or class of persons that, when they are done, shall cause actual criminal 
13 
harm to the person or class of persons, under existing law. 
14 
B.3. Imminent lawless danger as an essential element for internet hate speech. - Internet 
15 
hate speech shall not lie if the expression does not call for the commission of illegal acts posing 
16 
an immediate lawless danger to the public or to the person who is the object of the expression. 
17 
C.l. Internet child pornography. - The performance of acts prohibited by Sections 4 and 
18 
5 of R.A. No. 9775, or the "Anti-Child Pornography Act of 2009," as amended, by means of a 
19 
device, storage medium, network equipment, or physical plant connected to the Internet or to 
20 
telecommunications networks shall be deemed unlawful. 
21 
22 
to read: 
23 
24 
25 
26 
27 
28 
C.2. Sections 4 (e) and (f) of the Anti-Child Pornography Act of 2009 shall be amended 
(e) To knowingly, willfully and intentionally provide a venne for the 
commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, 
cinemas, houses or in establishments purporting to be a legitimate business; OR 
TO KNOWINGLY, WILLFULLY AND INTENTIONALLY PROVIDE 
DEVICES, EQUIPMENT, OR PHYSICAL PLANTS CONNECTED TO 
THE INTERNET OR TO TELECOMMUNICATIONS NETWORKS FOR 
57 


1 
THE 
PRIMARY 
PURPOSE 
OF 
PUBLICATION, 
OFFERING, 
2 
PRO])UCTION, 
SELLING, 
DISTRIBUTION, 
BROA])CASTING, 
3 
EXPORT, OR IMPORTATION OF CHIL]) PORNOGRAPHY; 
4 
(I) For film distributors, theaters, INTERNET SERVICE PROVIDERS, 
5 
and telecommunication companies, by themselves or in cooperation with other 
6 
entities, to distribute any form of child pornography; 
7 
C.3. The commission of acts prohibited by the Anti-Child Pornography Act of 2009, as 
8 
amended, through or using devices, equipment, or physical plants connected to the Internet or to 
9 
telecommunications networks shall be penalized by the applicable provisions of the Anti-Child 
10 
Pornography Act of2009, as amended. 
11 
C.4. Internet child abuse. - The performance of acts prohibited by Section 9 of the 
12 
Special Protection of Children Against Abuse, Exploitation and Discrimination Act, as amended, 
13 
by means of a device, storage medium, network equipment, or physical plant connected to the 
14 
Internet or to telecommunications networks shall be deemed unlawful. 
15 
C.S. Section 9 of the Special Protection of Children Against Abuse, Exploitation and 
16 
Discrimination Act shall be amended to read: 
17 
Section 9. Obscene Publications and Indecent Shows. - Any person who 
18 
shall hire, employ, use, persuade, induce or coerce a child to perform in obscene 
19 
exhibitions and indecent shows, whether live, in video, or through the Internet or 
20 
telecommunications networks, or model in obscene publications or pornographic 
21 
materials or to sell or distribute or CAUSE THE PUBLICATION IN THE 
22 
INTERNET OR THROUGH TELECOMMUNICATIONS NETWORKS the 
23 
said materials shall suffer the penalty of prision mayor in its medium period. 
24 
If the child used as a performer, subject or seller/distributor is below 
25 
twelve (12) years of age, the penalty shall be imposed in its maximum period. 
25 
Any ascendant, guardian, or person entrusted in any capacity with the care 
27 
of a child who shall cause and/or allow such child to be employed or to participate 
28 
in an obscene play, scene, act, movie or show or in any other acts covered by this 
29 
section shall suffer the penalty of prision mayor in its medium period. 
58 


1 
C.6. The commission of acts prohibited by the Special Protection of Children Against 
2 
Abuse, Exploitation and Discrimination Act, as amended, through or using devices, equipment, 
3 
or physical plants connected to the Internet or to telecommunications networks shall be penalized 
4 
by the applicable provisions of the Special Protection of Children Against Abuse, Exploitation 
5 
and Discrimination Act, as amended. 
6 
D.l. Expression inimical to the public interest. - Except upon a final ruling from the 
7 
courts, issued following due notice or hearing, no expression made on the Internet or on public 
8 
networks that is not defined in this section shall be deemed unlawful and inimical to the public 
9 
interest. 
10 
D.2. Imminent lawless danger as,an essential element of expression inimical to public 
11 
interest. - No expression shall be deemed inimical to the public interest if the expression does 
12 
not call for the commission of illegal acts posing an immediate lawless danger to the public. 
13 
Section 34. Sabotage of critical networks and infrastructure, and other acts of 
14 
cyberterrorism. -
15 
A. 1. Sabotage ()[ critical networks and infrastructure. - The commission of acts 
16 
prohibited by Section 24 (Network Sabotage), Section 26 (Violation of Data Privacy), Section 27 
17 
(Violation of Data Security), and Section 28 (Illegal and Arbitrary Seizure of ICT), shall be 
18 
penalized one degree higher; Provided, the offense was committed against critical data, network, 
19 
Internet, or telecommunications infrastructure, whether publicly or privately owned. 
20 
B.l. Cyberterrorism. - The performance of acts prohibited by Sections 3, 4, 5, and 6 of 
21 
R.A. No. 9732, or the "Human Security Act of 2007," as amended, and Sections 4, 5, 6, and 7 of 
22 
R.A. No. 10168, or the "Terrorism Financing Prevention and Suppression Act of 2012," by 
23 
means of a device, storage medium, network equipment, or physical plant connected to the 
24 
Internet or to telecommunications networks shall be deemed unlawful. 
25 
B.2. Section 3 of the Human Security Act of2007 shall be amended to read: 
26 
Section. 3. Terrorism. - Any person who commits an act punishable under 
27 
any of the following provisions of the Revised Penal Code: 
59 


1 
1. Article 122 (Piracy in General and Mutiny in the High Seas or in the 
2 
Philippine Waters); 
3 
2. Article 134 (Rebellion or Insurrection); 
4 
3. Article 134-a (Coup d' Etat), including acts committed by private 
5 
persons; 
6 
4. Article 248 (Murder); 
7 
5. Article 267 (Kidnapping and Serious Illegal Detention); 
8 
6. Article 324 (Crimes Involving Destruction), 
9 
or under 
10 
.1. Presidential Decree No. 1613 (The Law on Arson); 
11 
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear 
12 
Waste Control Act of 1990); 
13 
3. Republic Ac( No. 5207 (Atomic Energy Regulatory and Liability Act of 
14 
1968); 
15 
4. Republic Act No. 6235 (Anti-Hijacking Law); 
16 
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery 
17 
Law of 1974); 
18 
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws 
19 
on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or 
20 
Disposition ofl'irearms, Ammunitions or Explosives); and, 
21 
7. 
SECTION 
25 
(NETWORK 
SABOTAGE), 
SECTION 
27 
22 
(VIOLATION OF DATA PRIVACY), AND SECTION 28 (VIOLATION OF 
23 
DATA SECURITY) OF THE MAGNA CARTA FOR PHILIPPINE 
24 
INTERNET FREEDOM COMMITTED AGAINST CRITICAL DATA, 
25 
NETWORK, 
INTERNET, 
OR 
TELECOMMUNICATIONS 
26 
INFRASTRUCTURE, WHETHER PUBLICLY OR PRIV ATEL Y OWNED, 
27 
28 
thereby sowing and creating a condition of widespread and extraordinary fear and 
29 
panic among the populace, in order to coerce the government to give in to an 
60 


1 
unlawful demand shall be guilty of the crime of terrorism and shall suffer the 
2 
penalty of forty (40) years of imprisonment, without the benefit of parole as 
3 
provided for under Act No. 4103, otherwise known as the Indeterminate Sentence 
4 
Law, as amended. 
5 
B.3. The commission of acts prohibited by the Human Security Act of 2007, as amended, 
6 
through or using devices, equipment, or physical plants connected to the Internet or to 
7 
telecommunications networks shall be penalized by the applicable provisions of the Human 
8 
Security Act of 2007, as amended. 
9 
C.l. ICT-Enabled Financing of Terrorism. - Section 4 of the Terrorism Financing 
10 
Prevention and Suppression Act of2012 shall be amended to read: 
11 
Section 4. Financing of Terrorism. -
Any person who, directly or 
12 
indirectly, willfully and without lawful excuse, possesses, provides, collects or 
13 
uses property or funds or makes available property, funds or financial service or 
14 
other related services, by any means, with the unlawful and willful intention that 
15 
they should be used or with the knowledge that they are to be used, in full or in 
16 
part: (a) to carry out or facilitate the commission of any terrorist act; (b) by a 
17 
terrorist organization, association or group; or ( c) by an individual terrorist, shall 
18 
be guilty of the crime of financing of terrorism and shall suffer the penalty of 
19 
reclusion temporal in its maximum period to reclusion perpetua and a fine of not 
20 
less than Five hundred thousand pesos (Php500,000.00) nor more than One 
21 
million pesos (Php I ,000,000.00). 
22 
Any person who organizes or directs others to commit financing of 
23 
terrorism under the immediately preceding paragraph shall likewise be guilty of 
24 
an offense and shall suffer the same penalty as herein prescribed. 
25 
ANY PERSON WHO, BY MEANS OF A DEVICE, STORAGE 
26 
MEDIUM, 
NETWORK 
EQUIPMENT, 
OR 
PHYSICAL 
PLANT 
27 
CONNECTED TO THE INTERNET OR TO TELECOMMUNICATIONS 
28 
NETWORKS, OR IN CONNIVANCE WITH A THIRD PARTY WITH 
61 


1 
ACCESS TO THE SAME, SHALL KNOWINGLY, WILLFULLY, AND 
2 
INTENTIONALLY 
FACILITATE 
THE 
ORGANIZATION 
OR 
3 
DIRECTION OF OTHERS TO COMMIT THE FINANCING OF 
4 
TERRORISM UNDER THE PRECEDING PARAGRAPHS 
SHALL 
5 
LIKEWISE BE GUILTY OF AN OFFENSE AND SHALL SUFFER THE 
6 
SAME PENALTY AS HEREIN PRESCRIBED. 
7 
For purposes of this Act, knowledge or intent may be established by direct 
8 
evidence or inferred from the attendant circumstances. 
9 
For an act to constitute a crime under this Act, it shall not be necessary 
10 
that the funds were actually used to carry out a crime referred to in Section 30). 
11 
C.2. The commission of acts prohibited by the Terrorism Financing Prevention and 
12 
Suppression Act of 2012, as amended, through or using devices, equipment, or physical plants 
13 
connected to the Internet or to telecommunications networks shall be penalized by the applicable 
14 
provisions of the Terrorism Financing Prevention and Suppression Act of2012, as amended. 
15 
Chapter VIII. Penalties. 
16 
Section 35. Applicability of the Revised Penal Code and other special laws. -
17 
Nomenclature notwithstanding, the provisions of Book I of the Revised Penal Code shall apply 
18 
suppletorily to the provisions of this Act, whenever applicable. 
19 
The provisions of special laws shall apply as provided for by this Act. 
20 
Section 36. Penalties For Specific Violations of The Magna Carta for Philippine Internet 
21 
Freedom. - The following penalties shall be imposed for specific violations of this Act: 
22 
l. Violation of Section 24. A. (Direct network sabotage) -
ShalJ be punished with 
23 
imprisonment of prision correccionalor a fine of not more than Five hundred thousand pesos 
24 
(PhP500,OOO.OO) or both. 
25 
2. Violation of Section 24. B. (Indirect network sabotage) - ShaH be punished with 
26 
imprisonment of prision correccional in its medium period or a fine of not more than three 
27 
hundred thousand pesos (PhP300,OOO.OO) or both. 
62 


1 
3. Violation of Section 25. A. (Failure to provide security) - Shall be punished with 
2 
imprisonment ofprision correccionalor a fine of not more than Five hundred thousand pesos 
3 
(PhP500,OOO.OO) or both. 
4 
4. Violation of Section 25. B. (Negligent failure to provide security) - Shall be punished 
5 
with imprisonment of prision correccional or a fine of not more than Five hundred thousand 
6 
pesos (PhP500,OOO.OO) or both. 
7 
5. Violation of Section 26. A. (Unauthorized access) -
Shall be punished with 
8 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five 
9 
hundred thousand pesos 
(Php500,OOO.OO) 
but not more than Two 
million pesos 
10 
(Php2,OOO,OOO.OO). 
11 
6. Violation of Section 26. B. (Unauthorized modification) - Shall be punished with 
12 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five 
13 
hundred thousand pesos 
(Php500,OOO.OO) 
but not more than Two 
million pesos 
14 
(Php2,OOO,OOO.OO). 
15 
7. Violation of Section 26. 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.OO) 
but not more than Two 
million pesos 
18 
(Php2,OOO,OOO.OO). 
19 
8. Violation of Section 26. D. (Unauthorized disclosure) - imprisonment ranging from 
20 
three (3) years to five (5) years and a fine of not less than Five hundred thousand pesos 
21 
(Php500,OOO.OO) but not more than Two million pesos (Php2,OOO,OOO.OO). 
22 
9. Violations of the Section 26. E. (Violation of Data Privacy Act through ICT)-
23 
9.1. Violation of Section 25 (a) of the Data Privacy Act (Unauthorized Processing 
24 
of Personal Information) through ICT - imprisonment ranging from one (1) year to three 
25 
(3) years and a fine of not less than Five hundred thousand pesos (Php500,OOO.OO) but not 
26 
more than Two million pesos (Php2,OOO,OOO.OO). 
27 
9.2. Violation of Section 25 (b) of the Data Privacy Act (Unauthorized Processing 
28 
of Sensitive Personal Information) through ICT - imprisonment ranging from three (3) 
63 


1 
years to SIX (6) years and a fine of not less than Five hundred thousand pesos 
2 
(Php500,000.00) but not more than Four million pesos (Php4,000,000.00). 
3 
9.3. Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal 
4 
Information Due to Negligence) through leT - imprisonment ranging from one (1) year 
5 
to three (3) years and a fine of not less than Five hundred thousand pesos 
6 
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00). 
7 
9.4. Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive 
8 
Personal Information Due to Negligence) throngh leT - imprisonment ranging from 
9 
three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos 
10 
(Php500,000.00) but not more than Four million pesos (Php4,000,000.00). 
11 
9.5. Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of 
12 
Personal Information) through ICT - imprisonment ranging from six (6) months to two 
13 
(2) years and a fine of not less than One hnndred thousand pesos (Php 100,000.00) but not 
14 
more than Five hundred thousand pesos (Php500,000.00). 
15 
9.6. Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of 
16 
Sensitive Personal Information) through leT - imprisonment ranging from one (I) year 
17 
to three (3) years and a fine of not less than One hundred thousand pesos 
18 
(Php 100,000.00) but not more than One million pesos (Phpl,OOO,OOO.OO). 
19 
9.7. Violation of Section 28 (a) of the Data Privacy Act (Processing of Personal 
20 
Information for Unauthorized Purposes) through ICT - imprisonment ranging from one 
21 
(1) year and six (6) months to five (5) years and a fine of not less than Five hundred 
22 
thousand pesos (Php500,000.00) but not more than One million pesos (Php 1,000,000.00). 
23 
9.8. Violation of Section 28 (b) of the Data Privacy Act (Processing of Sensitive 
24 
Personal Information for Unauthorized Purposes) through leT - imprisonment ranging 
25 
from two (2) years to seven (7) years and a fine of not less than Five hundred thousand 
26 
pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00). 
27 
9.9. Violation of Section 30 of the Data Privacy Act (Concealment of Security 
28 
Breaches Involving Sensitive Personal Information) through reT - imprisonment of one 
64 


1 
(I) year and six (6) months to five (5) years and a fine of not less than Five hundred 
2 
thousand pesos (Php500,000.00) but not more than One million pesos (Php 1 ,000,000.00). 
3 
9.10. Violation of Section 33 of the Data Privacy Act (Combination or Series of 
4 
Acts) through rCT - imprisonment ranging from three (3) years to six (6) years and a fine 
5 
of not less than One million pesos (Phpl,OOO,OOO.OO) but not more than Five million 
6 
pesos (Php5,000,000.00). 
7 
10. Violation of Section 27. A. (Hacking) - imprisonment ranging from one (I) year to 
8 
three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not 
9 
more than Two million pesos (Php2,000,OOO.00). 
10 
11. Violation of Section 27. B. (Cracking) - imprisonment ranging from one (I) year to 
11 
three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.OO) but not 
12 
more than Two million pesos (Php2,OOO,000.OO). 
13 
12. Violation of Section 27. C. (Phishing) - imprisonment ranging from one (I) year and 
14 
six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos 
15 
(Php500,OOO.OO) but not more than One million pesos (Phpl,OOO,OOO.OO). 
16 
13. Violation of Section 27. D. (Violation of Data Privacy Act with hacking, cracking, or 
17 
phishing) 
18 
13.1. Violation of Section 25 (a) of the Data Pdvacy Act (Unauthorized 
19 
Processing of Personal Information) with hacking, cracking, or phishing - shall be 
20 
penalized by imprisonment ranging from one (I) year to three (3) years and a fine of not 
21 
less than Five hundred thousand pesos (Php500,OOO.OO) but not more than Two million 
22 
pesos (Php2,000,OOO.00). 
23 
13.2. Violation of Section 25 (b) of the Data Privacy Act (Unauthorized 
24 
Processing of Sensitive Personal Information) with hacking, cracking, or phishing - shall 
25 
be penalized by imprisonment ranging from three (3) years to six (6) years and a fine of 
26 
not less than Five hundred thousand pesos (Php500,OOO.OO) but not more than Four 
27 
million pesos (Php4,OOO,OOO.OO). 
28 
13.3. Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal 
29 
Information Due to Negligence) with hacking, cracking, or phishing - shall be penalized 
65 


1 
by imprisonment ranging from one (1) year to three (3) years and a fine of not less than 
2 
Five hundred thousand pesos (PhpSOO,OOO.OO) but not more than Two million pesos 
3 
(Php2,000,000.00). 
4 
13.4. Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive 
5 
Personal Information Due to Negligence) with hacking, cracking, or phishing - shall be 
6 
penalized by imprisonment ranging from three (3) years to six (6) years and a fine of not 
7 
less than Five hundred thousand pesos (PhpSOO,OOO.OO) but not more than Four million 
8 
pesos (Php4,000,000.00). 
9 
B.S. Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of 
10 
Personal Information) with hacking, cracking, or phishing -
shall be penalized by 
11 
imprisonment ranging from six (6) months to two (2) years and a fine of not less than 
12 
One hundred thousand pesos (Php 100,000.00) but not more than Five hundred thousand 
13 
pesos (PhpSOO,OOO.OO). 
14 
13.6. Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of 
15 
Sensitive Personal Information) with hacking, cracking, or phishing - shall be penalized 
16 
by imprisonment ranging from one (1) year to three (3) years and a fine of not less than 
17 
One hundred thousand pesos (Php 100,000.00) but not more than One million pesos 
18 
(Phpl,OOO,OOO.OO). 
19 
13.7. Violation of Section 28 (a) of the Data Privacy Act (Processing of Personal 
20 
Information for Unauthorized Purposes) with hacking, cracking, or phishing - shall be 
21 
penalized by imprisonment ranging from one (1) year and six (6) months to five (S) years 
22 
and a fine of not less than Five hundred thousand pesos (PhpSOO,OOO.OO) but not more 
23 
than One million pesos (Phpl,OOO,OOO.OO). 
24 
13.8. Violation of Section 28 (b) of the Data Privacy Act (Processing of Sensitive 
25 
Personal Information for Unauthorized Purposes) with hacking, cracking, or phishing -
26 
shall be penalized by imprisonment ranging from two (2) years to seven (7) years and a 
27 
fine of not less (hml' Five hundred thousand pesos (PhpSOO,OOO.OO) but not more than 
28 
Two million pesos (Php2,000,000.00). 
66 


1 
13.9. 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 (I) 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 (Php 1,000,000.00). 
6 
13.10. Violation of Section 33 of the Data Privacy Act (Combination or Series of 
7 
Acts) with hacking, cracking, or phishing - shall be penalized by imprisonment ranging 
8 
from three (3) years to six (6) years and a fine of not less than One million pesos 
9 
(Php 1,000,000.00) but not more than Five million pesos (Php5,000,000.00). 
10 
14. Violation of Section 28. A. (Illegal seizure of ICT) - shall be punished with 
11 
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos 
12 
(PhP500,OOO.OO) or both. 
13 
15. Violation of Section 28. B. (Aiding and abetting illegal seizure of ICT) - shall be 
14 
punished with imprisonment of prision correccional in its minimum period or a fine of not more 
15 
than Four hundred thousand pesos (PhP400,000.00) or both. 
16 
16. Violation of Section 28. C. (Arbitrary seizure of ICT) - Shall be punished with 
17 
imprisonment of prision correccional in its maximum period or a fine of not more than Five 
18 
hundred thousand pesos (PhP500,000.00) or both. 
19 
17. Violation of Section 28. D. (Instigating arbitrary seizure of rCT) - shall be punished 
20 
with imprisonment of prision correccionalor a fine of not more than Five hundred thousand 
21 
pesos (PhP500,000.00) or both. 
22 
18. Violation of Section 29. A. 1. (Copyright infringement) - any person infringing a 
23 
copyright shall be liable to pay to the copyright proprietor or his assigns or heirs such actual 
24 
damages, including legal costs and other expenses, as he may have' incurred due to the 
25 
infringement as well as the profits the infringer may have made due to such infringement, and in 
26 
proving profits the plaintiff shall be required to prove sales only and the defendant shall be 
27 
required to prove every element of cost which he claims, or, in lieu of actual damages and 
28 
profits, such damages which to the court shall appear to be just and shall not be regarded as 
29 
penalty. 
67 


1 
19. Violation of Section 29. A. 2. (Plagiarism of copyleft) - The same penalty for a 
2 
violation of Section 29. A. 1. (Copyright infringement) shall be imposed for a violation of this 
3 
Section. 
4 
20. Violation of Section 29. A. 3. (Plagiarism of public domain content) - While this 
5 
constitutes infringement, it shall not be subject to the payment of damages or to any other 
6 
penalty. 
7 
21. Violation of Section 29. A. 4. (Reverse engineering) - The same penalty for a 
8 
violation of Section 29. A. 1. (Copyright infringement) shall be imposed for a violation of this 
9 
Section. 
10 
22. Violation of Section 29. B. 1. (Piracy through lCT) - The same penalty for a violation 
11 
of Section 29. A. 1. (Copyright infringement) shall be imposed for a violation of this Section. 
12 
23. Violation of Section 29. C. I. (Cybersquatting) - The same penalty for a violation of 
13 
Section 29. A. I. (Copyright infringement) shall be imposed for a violation ofthis Section. 
14 
24. Violation of Section 29. D. 1. (Unreasonable restriction of device privileges) - shall 
15 
be punished with a fine of not less than one hundred thousand pesos (PhP 100,000.00) or more 
16 
than two million pesos (PhP 2,000,000.00). 
17 
25. Violation of Section 30. A. 1. (Fraud via lCT) - shall be punished with imprisonment 
18 
ofprision correccional or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a 
19 
maximum amount that is double the amOlmt of damage incurred, whichever is higher, or both 
20 
imprisonment and fine. 
21 
26. Violation of Section 31. A. 1. (ICT-enabled prostitution) ~ shall be punished with 
22 
imprisonment of prision mayor or a fine of at least Two hundred thousand pesos 
23 
(PhP200,000.00) up to a maximum amount of Five hundred thousand pesos (PhP500,000.00), or 
24 
both. 
25 
27. Violation of Section 31. B. I. (lCT-enabled trafficking in persons) 
26 
27.1. Violation of Section 4 of the Anti-Trafficking in Persons Act of 2003 
27 
through lCT - penalty of imprisonment of twenty (20) years and a fine of not less than 
28 
One million pesos (Pl,OOO,OOO.OO) but not more than Two million pesos (P2,000,000.00). 
68 


1 
27.2. Violation of Section 5 of the Anti-Trafticking in Persons Act of 2003 
2 
through JCT - imprisonment of fifteen (15) years and a fine of not less than Five hundred 
3 
thousand pesos (PSOO,OOO.OO) but not more than One million pesos (PI,OOO,OOO.OO). 
4 
27.3. Violation of Section 6 of the Anti-Trafficking in Persons Act of 2003 
5 
through rCT -
life imprisonment and a fine of not less than Two million pesos 
6 
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00). 
7 
27.4. Violation of Section 7 of the Anti-Trafticking in Persons Act of 2003 
8 
through rCT - imprisonment of six (6) years and a fine of not less than Five hundred 
9 
thousand pesos (PSOO,OOO.OO) but not more than One million pesos (PI ,000,000.00). 
10 
28. Violation of Section 32. A. 1. (ICT -enabled child prostitution) 
11 
28.1. Violation of Section 5 of the Special Protection of Children Against Abuse, 
12 
Exploitation and Discrimination Act through leT - reclusion temporal in its medium 
13 
period to reclusion peJpetua. 
14 
29. Violation of Section 32. B. 1. (lCT -enabled child trafticking) 
15 
29.1. Violation of Section 7 of the Special Protection of Children Against Abuse, 
16 
Exploitation and Discrimination Act through ICT - reclusion temporal to reclusion 
17 
perpetua. The penalty shall be imposed in its maximum period when the victim is under 
18 
twelve (12) years of age. 
19 
30. Violation of Section 33. A. 1. (Internet libel) - This shall only give rise to civil 
20 
liability and the amount shall be commensurate to the damages suffered. 
21 
31. Violation of Section 33. B. 1. (Internet hate speech) - This shall only give rise to civil 
22 
liability and the amount shall be commensurate to the damages suffered. 
23 
32. Violation of Section 33. C. I. (Internet child pornography) 
24 
32.1. Violation of the Anti-Child Pornography Act through rCT - Shall be punished 
25 
according to the provisions of Section IS ofR.A. No. 9775, or the "Anti-Child Pornography Act 
26 
of2009." 
27 
33. Violation of Section 33. C. 4. (Internet child abuse) 
28 
33.1. Violation of Section 9 of the Special Protection of Children Against Abuse, 
29 
Exploitation and Discrimination Act through ICT - Shall be punished with imprisonment 
69 


1 
of prision mayor in its medium period. If the child used as a performer, subject or sellerf 
2 
distributor is below twelve (12) years of age, the penalty shall be imposed in its 
3 
maximum period. 
4 
34. Violation of Section 33. D. 1. (Internet expression inimical to the public interest) -
5 
This shall only give rise to civil liability and the amount shall be commensurate to the damages 
6 
caused by the Internet expression. 
7 
35. Violation of Section 34. B. 1. (Cyberterrorism) - The commission of acts prohibited 
8 
by the Human Security Act of 2007, as amended, through or using devices, equipment, or 
9 
physical plants connected to the Internet or to telecommunications networks shall be penalized 
10 
by the applicable provisions of the Human Security Act of2007, as amended. 
11 
36. Violation of Section 34. C. 1. (ICT-enabled financing of terrorism) - The commission 
12 
of acts prohibited by the Terrorism Financing Prevention and Suppression Act of 2012, as 
13 
amended, through or using devices, equipment, or physical plants connected to the Internet or to 
14 
telecommunications networks shall be penalized by the applicable provisions of the Terrorism 
15 
Financing Prevention and Suppression Act of 20 1 2, as amended. 
16 
Section 37. Penalties/or Violations o/the Magna Carta/or Philippine Internet Freedom 
17 
Affecting Critical Networks and Infrastructure. - As prescribed by Section 34. A. 1. of this Act, 
18 
a penalty one degree higher shall be imposed on the specific violations of the Magna Carta for 
19 
Philippine Internet freedom if committed against critical networks or information and 
20 
communications technology infrastructure. 
21 
Section 38. Penalties for Other Violations 0/ The Magna Carta for Philippine Internet 
22 
Freedom. - A fine of not more than Five hundred thousand pesos (PhP 500,000.00) shall be 
23 
imposed for a violation of other sections of the law not covered by the preceding sections. 
24 
Section 39. Penalties/or Violations a/The Magna Carta/or Philippine Internet Freedom 
25 
Committed by a Public Official or Employee. -
26 
1. Except as explicitly provided by the preceding sections, the next higher penalty shall 
27 
be imposed for a violation or negligence resulting in the violation of this Act if the violation or 
70 


1 
negligence resulting in the violation is committed by a public official or employee in connection 
2 
with his duties. 
3 
2. If the penalty imposed for the act or negligence resulting in the violation of this Act is 
4 
civil liability or civil liability and a fine, then an additional penalty of a fine of not less Two 
5 
hundred thousand pesos (PhP 200,000.00) but not more than Five hundred thousand pesos (PhP 
6 
500,000.00) shall be imposed on the public official or employee. 
7 
Section 40. Liability Under the Data Privacy Act, the Intellectual Property Code, the 
8 
Optical Media Act, the Anti-Child Pornography Act of 2009, the Special Protection of Children 
9 
Against Abuse, Exploitation and Discrimination Act, the Revised Penal Code, and Other Laws. -
10 
I. A prosecution under this act shall bar any further prosecution of the act as a violation 
11 
of any provision of the Data Privacy Act, the Intellectual Property Code, the Optical Media Act, 
12 
the Anti-Child Pornography Act of 2009, the Anti-Trafficking in Persons Act, and other special 
13 
laws, except: a) if the act was performed through the use of a device, equipment, or physical 
14 
plant connected to the Internet or to telecommunications networks, or in connivance with a third 
15 
party with access to the same; b) if the act could not have been performed through the use the 
16 
said device, equipment, or physical plant connected to the Internet or to telecommunications 
17 
networks, or the said third party with access to the same, and; c) if the act is part of a series of or 
18 
combination with other unlawful acts, these acts being performed without the use of a device, 
19 
equipment, or physical plant connected to the Internet or to telecommunications networks, or in 
20 
connivance with a third party with access to the same. 
21 
2. A prosecution under this act shall bar any further prosecution of the act as a violation 
22 
of the Revised Penal Code and other special laws, except: a) if the act was performed through the 
23 
use of a device, equipment, or physical plant connected to the Internet or to telecommunications 
24 
networks, or in connivance with a third party with access to the same; b) if the violation could 
25 
not have been performed through the use the said device, equipment, or physical plant connected 
26 
to the Internet or to telecommunications networks, or the said third party with access to the same; 
27 
c) if the act involves the transmission of data through the Internet or telecommunications 
28 
networks, and d) if the act is part of a series of or combination with other nnlawful acts, these 
71 


1 
acts being performed without the use of a device, equipment, or physical plant connected to the 
2 
Internet or to telecommunications networks, or in connivance with a third party with access to 
3 
the same. 
4 
Chapter IX. Cybercrime Law Enforcement and Jurisdiction. 
5 
Section 41. Competent law enforcement agencies. -
6 
I. Department of Justice (DOJ). - There is hereby created an Office of Cybercrime 
7 
within the DOJ, which shall be designated as the central authority in the enforcement of this Act, 
8 
and all matters related to international mutual assistance and extradition, as provided for by this 
9 
Act. 
10 
2. National Bureau of Investigation (NBI). -
There is hereby created a separate 
11 
Cybercrime Division within the NBI, which shall be responsible for matters related to 
12 
enforcement of this Act. It shall cooperate with the division responsible for matters related with 
13 
transnational crime, other divisions, and other government agencies in the enforcement of this 
14 
Act. 
15 
3. Philippine National Police (PNP). - There is hereby created a separate Cybercrime 
16 
Office attached to the Criminal Investigation and Detection Group (ClOG), which shall be 
17 
responsible for matters related to enforcement of this Act. The PNP shall establish cybercrime 
18 
desks in police stations, and shall cooperate with other government agencies in the enforcement 
19 
of this Act. 
20 
Section 42. Cybercrime courts. -
21 
I. Cybercrime courts. - Cybercrime courts, manned by judges of competence, integrity, 
22 
probity and independence in the practice of law, and competent in matters related to the Internet 
23 
and information and communications technology, shall be established at every city and 
24 
provincial capital in the country. 
25 
2. Qualifications of the Presiding Judges of cybercrime courts. - No person shall be 
26 
appointed a Presiding Judge of the Cybercrime Court unless he: 
27 
a) is a natural-born citizen of the Philippines; 
72 


1 
2 
3 
4 
5 
b) is at least thiliy-five (35) years of age; 
c) has been engaged in the practice of law in the Philippines for at least ten (10) 
years, or has held a public office in the Philippines requiring admission to the practice of 
law as an indispensable requisite; and, 
d) 
has 
an academic or professional background in 
information and 
6 
communications technology, computer science, or engineering; or has proven a high 
7 
degree of competence in the use of the Internet and information and communications 
8 
technology. 
9 
Court personnel of the Cybercrime Court shall undergo training and must have the 
10 
experience and demonstrated ability in dealing with cybercrime cases and other cases 
11 
related to the Internet and information and communications technology. 
12 
3. Mandatory continuing legal and information and communications technology 
13 
education. - The Supreme Court shall provide a continuing education program on the Internet, 
14 
information and communications technology, cybercrime law, procedure, and other related 
15 
disciplines to judges and personnel of cybercrime courts. 
16 
4. Special rules of procedure for cybercrime courts. -
The Supreme Court shall 
17 
promulgate special rules of procedure for cybercrime courts. 
18 
Section 43. Jurisdiction of cybercrime courts. -
19 
1. 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 
2. Suit filed at the residence of the accusedfor criminal violations of the Magna Carta for 
23 
Philippine Internet Freedom. - Except in cases that are extraterritorial, foreign, international, and 
24 
transnational in nature, all suits related to criminal violations of this Act shall be filed at the 
25 
cybercrime court having jurisdiction over the residence of the accused. 
26 
3. Suit filed at the cybercrime court agreed upon by the parties for civil violations of the 
27 
Magna Carta for Philippine Internet Freedom. - Except in cases that are extraterritorial, foreign, 
28 
international, and transnational in nature, all suits related to civil violations of this Act shall be 
73 


1 
filed at the cybercrime court agreed upon by the parties. Should the parties be unable to reach an 
2 
agreement, the Court of Appeals shall determine the cybercrime court that shall have jurisdiction 
3 
over the case. 
4 
Section 
44. Extraterritorial application of the Magna Carta for Philippine Internet 
5 
Freedom.-
6 
I. Extra-Territorial Application. - Subject to the provision of an existing treaty of which 
7 
the Philippines is a State Party, and to any contrary provision of any law of preferential 
8 
application, the provisions of this Act shall apply: 
9 
(a) to individual persons who, although physically outside the territorial limits of 
10 
the Philippines, commit, conspire or plot to commit any of the crimes defined and 
11 
punished in this Act inside the territorial limits of the Philippines; 
12 
(b) to individual persons who, although physically outside the territorial limits of 
13 
the Philippines, commit any of the said crimes on board a Philippine ship or aircraft; 
14 
(c) to individual persons who commit any of said crimes within any embassy, 
15 
consulate, or diplomatic premises belonging to or occupied by the Philippine government 
16 
in an official capacity; 
17 
(d) to individual persons who, although physically outside the territorial limits of 
18 
the Philippines, commit said crimes against Philippine citizens or persons of Philippine 
19 
descent, where their citizenship or ethnicity was a factor in the commission of the crime; 
20 
and, 
21 
(e) to individual persons who, although physically outside the territorial limits of 
22 
the Philippines, commit said crimes directly against the Philippine government or critical 
23 
information and communications technology infrastructure in the Philippines. 
74 


1 
Part 4. Cyberdefense and National Cybersecurity. 
2 
Chapter X. National Cybersecurity and Cyberdefense. 
3 
Section 45. Cyberwarfare and National Defense. -
4 
1. It shall be unlawful for any person, or military or civilian agency, or instrumentality of 
5 
the State to initiate a cyberattack against any foreign nation, except in the event of a declaration 
6 
of a state of war with the foreign nation. 
7 
2. Subject to the Geneva Convention, the Hague Convention, the United Nations 
8 
Convention on Certain Conventional Weapons, other international treaties and conventions 
9 
governing the conduct of warfare, Philippine law, and the national interest, an authorized person 
10 
or military agency may engage in cyberattack against an enemy violent non-state actor, insurgent 
11 
group, or terrorist organization. 
12 
3. Subject to the Geneva Convention, the Hague Convention, the United Nations 
13 
Convention on Certain Conventional Weapons, other international treaties and conventions 
14 
governing the conduct of warfare, and Philippine law, an authorized person or military agency 
15 
may engage in cyberdefense in defense of the Filipino people, territory, economy, and vital 
16 
infrastructure in the event of a cyberattack by a foreign nation, enemy violent non-state actor, 
17 
insurgent group, or terrorist organization. 
18 
4. Any person who initiates an unauthorized and unlawful cyberattack against a foreign 
19 
nation shall be prosecuted under Commonwealth Act 408, as amended, or applicable military 
20 
law, without prejudice to criminal and civil prosecution. 
21 
22 
Section 46. National Cybersecurity and Protection of Government lriformation and 
23 
Communications Technology 1I1frastructure. -
24 
1. The Secretary of National Defense shall have the responsibility for national 
25 
cybersecurity and the protection of government information and communications technology 
26 
infrastructure. 
27 
2. The Secretary ofInterior and Local Government shall assist the Secretary of National 
28 
Defense, and shall be jointly responsible for the cybersecurity of local government units and the 
29 
protection ofloca! government information and communications technology infrastructure. 
75 


1 
3. The Armed Forces of the Philippines shall be tasked with ensuring the physical and 
2 
network security of government and military information and communications infrastructure. In 
3 
cooperation with private and public owners, operators, and maintainers, the Philippine National 
4 
Police shall be tasked with ensuring the physical and network security of critical information and 
5 
communications infrastructure. 
6 
Section 47. Amendments 10 the AFP Modernization Act. -
7 
I. Section 5 of the R.A. No. 7898 aka the "AFP Modernization Act" shall be amended to 
8 
include: 
9 
Section 5. Development of AFP Capabilities. - The AFP modernization 
10 
program shall be geared towards the development of the following defense 
11 
capabilities: 
12 
(d) Development of cyberdefense capability. - [The modernization of the 
13 
AFP fl1rlher requires the development of the general headquarters capabilities for 
14 
command, control, communications, and information systems network.] THE 
15 
PHILIPPINE AIR FORCE (PAF), BEING THE COUNTRY'S FIRST LINE 
16 
OF EXTERNAL DEFENSE, SHALL DEVELOP ITS CYBERDEFENSE 
17 
CAPABILITY. THE CYBERDEFENSE CAPABILITY SHALL ENABLE 
18 
THE AFP TO: 
19 
(1) DETECT, IDENTIFY, INTERCEPT AND ENGAGE, IF 
20 
NECESSARY, ANY ATTEMPTED OR ACTUAL PENETRATION 
21 
OR 
CYBERATTACK 
OF 
PHILIPPINE 
GOVERNMENT 
22 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY 
23 
INFRASTRUCTURE, AS WELL AS CRITICAL INFORMATION 
24 
AND COMMUNICATIONS TECHNOLOGY INFRASTRUCTURE 
25 
WITHIN PHILIPPINE .JURISDICTION; 
26 
(2) 
PROVIDE 
CYBERDEFENSE 
SUPPORT 
TO 
27 
PHILIPPINE ARMED FORCES AND POLICE FORCES, AND; 
76 


1 
(3) PROVIDE, AND IF PRACTICABLE, INVENT OR 
2 
INNOVATE, THROUGH FILIPINO SKILLS AND TECHNOLOGY, 
3 
ITS OWN REQUIREMENTS FOR NATIONAL CYBERDEFENSE. 
4 
(E) DEVELOPMENT OF CYBERINTELLIGENCE CAPABILITY. 
5 
- THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE 
6 
PHILIPPINES (ISAFP) OR ITS SUCCESSOR SERVICE, SHALL 
7 
DEVELOP 
ITS 
CYBERINTELLIGENCE 
CAPABILITY. 
THE 
8 
CYBERINTELLIGENCE CAPABILITY SHALL ENABLE THE AFP TO: 
9 
(1) 
DETECT ANY 
THREAT AGAINST PHILIPPINE 
10 
GOVERNMENT 
INFORMATION 
AND 
COMMUNICATIONS 
11 
TECHNOLOGY INFRASTRUCTURE, AS WELL AS CRITICAL 
12 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY 
13 . 
INFRASTRUCTURE WITHIN PHILIPPINE JURISDICTION, AND 
14 
IDENTIFY THE SOURCE OF THE THREAT, WHETHER 
15 
HOSTILE 
NATION-STATES, 
NON-STATE 
ACTORS, 
16 
CYBERTERRORISTS, OR CRIMINALS; 
17 
(2) 
PROVIDE CYBERINTELLIGENCE SUPPORT TO 
18 
PI-IILIPPINE ARMED FORCES AND POLICE FORCES, AND; 
19 
(3) PROVIDE, AND IF PRACTICABLE, INVENT OR 
20 
INNOVATE, THROUGH FILIPINO SKILLS AND TECHNOLOGY, 
21 
ITS 
OWN 
REQUIREMENTS 
FOR 
NATIONAL 
22 
CYBERINTELLIGENCE. 
23 
(F) DEVELOPMENT OF GOVERNMENT AND MILITARY 
24 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY 
25 
INFRASTRUCTURE HARDENED AGAINST CYBERATTACK. -
THE 
26 
COMMUNICATIONS, ELECTRONICS AND INFORMATION SYSTEM 
27 
SERVICE, ARMED FORCES OF THE PI-IILIPPINES (CEISSAFP) OR 
28 
ITS SUCCESSOR SERVICE, SHALL CONTINUALLY ENSURE THAT 
29 
GOVERNMENT 
AND 
MILITARY 
INFORMATION 
AND 
77 


1 
COMMUNICATIONS 
TECHNOLOGY 
INFRASTRUCTURE 
ARE 
2 
HARDENED AGAINST CYBERATTACK. 
3 
Chapter XI. Counter-Cyberterrorism. 
4 
Section 48. Counter-LYberterrorism. -
5 
1. The Philippine National Police, supported by applicable military, law enforcement, and 
6 
government services, offices, and agencies, shall be the lead law enforcement agency responsible 
7 
for plans, policies, programs, measures, and mechanisms to detect, identify, and prevent 
8 
cyberterrorist attacks on Philippine government information and communications technology 
9 
infrastructure, as well as publicly- and privately-owned information and communications 
10 
technology infrastructure within Philippine jurisdiction, and the detection, identification, pursuit, 
11 
apprehension, and the gathering of evidence leading to the conviction of persons committing 
12 
cyberterrorism. 
13 
2. The National Bureau of Investigation, supported by applicable military, law 
14 
enforcement, and government services, offices, and agencies, shall be the lead law enforcement 
15 
agency responsible for plans, policies, programs, measures, and mechanisms to detect, identify, 
16 
and prevent transnational cybelierrorist attacks on Philippine government information and 
17 
communications technology infrastructure, as well as publicly- and privately-owned information 
18 
and communications technology infrastructure within Philippine jurisdiction 
19 
3. Subject to the provisions of an existing treaty to which the Philippines is a signatory 
20 
and to any contrary provision of any law of preferential application, and subject to the 
21 
concurrence of the Secretary or Justice and the Secretary of Foreign Affairs, the Director of the 
22 
National Bureau of Investigation may cooperate with or request the cooperation of foreign or 
23 
international law enforcement agencies in the detection, identification, pursuit, apprehension, and 
24 
the gathering of evidence leading to the conviction of persons who, although physically outside 
25 
the territorial limits of the Philippines, have committed or are attempting to commit acts of 
26 
cyberterl'orism within Philippine jurisdiction. 
78 


1 
Part 5. Final Provisions 
2 
Chapter XII. Implementing Rules and Regulations. 
3 
Section 49. General Implementing Rules and Regulations for the Implementation of the 
4 
Magna Carta for Philippine Internet Freedom. -
5 
1. The Secretary of Information and Communication Technology, the Commissioner of 
6 
the National Telecommunications Commission, the Commissioner of the National Data Privacy 
7 
Commission, or the Chief of the Telecommunications Office, or their duly authorized and 
8 
appointed delegates, an appointee from the academe, and an appointee from the business sector 
9 
shall be jointly responsible for the creation of general implementing rules and regulations (IRR) 
10 
of this Act. The Solicitor-General shall participate to ensure that the IRR is not in conflict with 
11 
this Act, with other laws, with other IRRs of this Act, and with generally accepted principles of 
12 
international human, civil, and political rights. 
13 
2. The General Implementing Rules and Regulations for the Implementation of the 
14 
Magna Carta for Philippine Internet Freedom shall be made public after its approval. 
15 
3. The President shall implement the General Implementing Rules and Regulations for 
16 
the Implementation of the Magna Carta for Philippine Internet Freedom through the applicable 
17 
agencies and instrumentalities ofthe Executive. 
18 
Section 50. Implementing Rules and Regulations for Information and Communications 
19 
Technology Inji-astructure Development. -
20 
1. The Secretary of Information and Communication Technology, the Secretary of 
21 
Finance, the Director-General of the National Economic and Development Authority, the 
22 
Chairman of the Board of Investments, or their duly authorized and appointed delegates, an 
23 
appointee from the academe, and an appointee from the business sector shall be jointly 
24 
responsible for the creation of implementing rules and regulations (IRR) of this Act towards the 
25 
development of information and communications technology infrastructure. The Solicitor-
26 
General shall participate to ensure that the IRR is not in conflict with this Act, with other laws, 
27 
with other IRRs of this Act, and with generally accepted principles of international human, civil, 
28 
and political rights. 
79 


1 
2. The IRR for ICT Infrastructure Development shall be made public after its approval. 
2 
3. The President shall implement the IRR for Information and Communications 
3 
Technology Infrastructure Development through the applicable agencies and instrumentalities of 
4 
the Executive. 
5 
Section 51. Implementing Rules and Regulationsfor Cybercrime Law Enforcement. -
6 
1. The Secretary of Information and Communication Technology, the Secretary of 
7 
Justice, the Secretary of Interior and Local Government, the Secretary of Social Welfare and 
8 
Development, , the Secretary of Foreign Affairs, the Director-General of the National Bureau of 
9 
Investigation, the the Director-General of the Philippine National Police, or their duly authorized 
10 
and appointed delegates, an appointee from the academe, an appointee from civil society, and an 
11 
appointee from the business sector shall be jointly responsible for the creation of implementing 
12 
rules and regulations (IRR) of this Act towards cybercrime and law enforcement. The Solicitor-
13 
General and the Chairman of the Commission on Human Rights shall participate to ensure that 
14 
the IRR is not in conflict with this Act, with other laws, with other IRRs of this Act, and with 
15 
generally accepted principles of international human, civil, and political rights. 
16 
2. The IRR for Cybercrime and Law Enforcement shall be made public after its approval. 
17 
3. The President shall implement the IRR for Cybercrime and Law Enforcement through 
18 
the applicable agencies and instrumentalities of the Executive. 
19 
Section 52. Implementing Rules and Regulations for Information and Communications 
20 
Technology Education, Training, and Human Resources. -
21 
1. The Secretary of Information and Communication Technology, the Secretary of 
22 
Education, the Secretary of Science and Technology, the Commissioner of Higher Education, the 
23 
Director-General of the Technical Education and Skills Development Authority, the Head of the 
24 
National Telecommunications Training Institute, or their duly authorized and appointed 
25 
delegates, and an appointee from the academe, shall be jointly responsible for the creation of 
26 
implementing rules and regulations (IRR) of this Act towards information and communications 
27 
technology education, training and human resources. The Solicitor-General and the Secretary of 
28 
Labor and Employment shall participate to ensure that the IRR is not in conflict with this Act, 
80 


1 
with other laws, with other IRRs of this Act, and with generally accepted principles of 
2 
international human, civi I, and political rights. 
3 
2. The IRR for ICT Education, Training and Human Resources shall be made public after 
4 
its approval. 
5 
3. The President shall implement the IRR for ICT Education, Training and Human 
6 
Resources through the applicable agencies and instrumentalities of the Executive. 
7 
Section 53 Implementing Rules and Regulations for Information and Communications 
8 
Technology Research ({nd Development. -
9 
I. The Secretary of Information and Communication Technology, the the Secretary of 
10 
Science and Technology, the Director-General of the National Economic and Development 
11 
Authority, or their duly authorized and appointed delegates, an appointee from the academe, and 
12 
an appointee from the business sector, shall be jointly responsible for the creation of 
13 
implementing rules and regulations (lRR) of this Act towards information and communications 
14 
technology research and development. The Solicitor-General shall participate to ensure that the 
15 
IRR is not in contlict with this Act, with other laws, with other IRRs of this Act, and with 
16 
generally accepted principles of international human, civil, and political rights. 
17 
2. The IRR for ICT Research and Development shall be made public after its approval. 
18 
3. The President shall implement the IRR for ICT Research and Development through the 
19 
applicable agencies and instrumentalities of the Executive. 
20 
Section 
54. Implementing Rules and Regulations for National Cyberdefense, 
21 
Cyberintelligence, and Counter-Cyberterrorism. -
22 
I. The Secretary o[National Defense, the Secretary of Interior and Local Government, or 
23 
their duly authorized and appointed delegates, the Chief of Staff of the Armed Forces of the 
24 
Philippines (AFP), the commanding general of the unit of the Philippine Air Force tasked with 
25 
national cyberdefensc, the commanding officer of the Intelligence Service, Armed Forces of the 
26 
Philippines (lSAfP), the commanding officer of the Communication Electronics and Information 
27 
Systems Service, Armed forces of the Philippines (CEISSAFP), and the Director-General of the 
28 
Philippine National Police shall be jointly responsible for the creation of implementing mles and 
81 


1 
regulations (IRR) of this Act towards ensuring national cyberdefense, cyberintelligence, and 
2 
counter-cyberterrorism. The Secretary of Information and Communication Technology shall 
3 
provide technical advice. The Solicitor-General and the Chairman of the Commission on Human 
4 
Rights shall participate to ensure that the IRR is not in conflict with this Act, with other laws, 
5 
with other IRRs of this Act, and with generally accepted principles of international human, civil, 
6 
and political rights. 
7 
2. An executive summary of the IRR for National Cyberdefense, Cyberintelligence, and 
8 
Counter-Cyberten'Orism shall be allowed to be made public after the approval of the IRR. Any 
9 
review of any portion of the IRR for National Cyberdefense, Cyberintelligence, and Counter-
10 
Cyberterrorism shall be done in special executive sessions for this purpose. 
11 
3. Subject to the approval of the President, and subject to the advice and consent of the 
12 
Joint Select Committee on Military and Intelligence Affairs of the House of Representatives and 
13 
the Senate, the The Secretary of National Defense, the Secretary of Interior and Local 
14 
Government, or their duly authorized and appointed delegates, the Chief of Staff of the Armed 
15 
'Forces of the Philippines (AFP), the commanding general of the unit of the Philippine Air Force 
16 
tasked with national cyberdefense, the commanding officer of the Intelligence Service, Armed 
17 
Forces of the Philippines (ISAFP), the commanding officer of the Communication Electronics 
18 
and Information Systems Service, Armed Forces of the Philippines (CEISSAFP), and the 
19 
Director-General of the Philippine National Police shall prepare a National Cyberdefense and 
20 
Counter-Cyberterrorism Plan every three years. 
21 
4. The President shall have the power to implement the National Cyberdefense and 
22 
Counter-Cyberterrorism Plan. 
23 
5. The contcnts of the current and past National Cyberdefense and Counter-
24 
Cyberterrorism Plans shall be considered state secrets, and disclosure shall be punishable to the 
25 
fullest extent possible by relevant laws. 
82 


1 
Section 55. Implementing Rules and Regulations for Government Information and 
2 
Communications Infrastructure and National Cybersecurity. -
3 
1. The Secretary of Information and Telecommunications, the Secretary of National 
4 
Defense, and the Secretary of Interior and Local Government, or their duly authorized and 
5 
appointed delegates, the commanding general of the unit of the Philippine Air Force tasked with 
6 
national cyberdefense, and the commanding officer of the Communication Electronics and 
7 
Information Systems Service, Armed Forces of the Philippines (CEISSAFP) shall be jointly 
8 
responsible for the creation of implementing rules and regulations (IRR) of this Act towards 
9 
securing government information and communications infrastructure. 
The Secretary of 
10 
Information and Communication Technology shall provide technical advice. The Solicitor-
11 
General and the Chairman of the Commission on Human Rights shall participate to ensure that 
12 
the 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 
2. Subject to the approval of the President, and subject to the advice and consent of the 
15 
Joint Select Committee on Military and Intelligence Affairs of the House of Representatives and 
16 
the Senate, the Secretary of Information and Telecommunications, the Secretary of National 
17 
Defense, and the Secretary of Interior and Local Government, or their duly appointed delegates, 
18 
the commanding general of the unit of the Philippine Air Force tasked with national 
19 
cyberdefense, and the commanding officer of the Communication Electronics and Information 
20 
Systems Service, Armed Forces of the Philippines (CEISSAFP) shall prepare a National 
21 
Cybersecurity Plan every three years. 
22 
3. The plans, policies, programs, measures, and mechanisms of the National 
23 
Cybersecurity Plan shall be used to secure government information and communications 
24 
infrastructure and to secure critical data, network, Internet, or telecommunications infrastructure. 
25 
4. The IRR for National Cybersecurity shall be made public after its approval. 
26 
5. The President shall implement the National Cybersecurity Plan through the applicable 
27 
agencies and instrumentalities of the Executive. 
28 
6. The contents of the current National Cybersecurity Plan shall be considered state 
29 
secrets, and disclosure shall be punishable to the fullest extent possible by relevant laws. 
83 


1 
Chapter XIII. Periodic Review Clause. 
2 
Section 56. Periodic Review of the implementing Rules and Regulations of the Magna 
3 
Carta for Philippine Internet Freedom. -
4 
I. Mandatory and periodic reviews of the implementing rules and regulations of the 
5 
Magna Carta for Philippine Internet Freedom shall be done by the offices designated by this Act 
6 
to create implementing rules and regulations. Such reviews shall be performed no less than every 
7 
three years and no more than every five years, to keep pace with technological advancements and 
8 
other changes. 
9 
2. Periodic reviews of the implementing rules and regulations and the recommendation of 
10 
the improvement of the Magna Carta for Philippine Internet Freedom shall be done by the offices 
11 
designated by this Act to create implementing rules and regulations, to keep pace with 
12 
technological advancements and other changes. 
13 
Chapter XIV. Transitory Provisions. 
14 
Section 57. Appointment of the Secretary of Information and Communications 
15 
Technology. - Subject to confirmation by the Commission on Appointments, the President shall 
16 
appoint the Secretary of Information and Communications Technology within 30 days of the 
17 
effectivity of this Act. 
18 
Section 58. Release of Initial Appropriations. - Subject to government budgetary and 
19 
audit procedures, the Department of Budget and Management shall release appropriations to the 
20 
Secretary of Information and Communications Technology for purposes of implementing this 
21 
Act within 30 days of his appointment. 
22 
Section 59. Preparation of Implementing Rules and Regulations. - Within 90 days of the 
23 
release of initial appropriations, implementing rules and regulations shall have been prepared and 
24 
approved. The National Cyberdefense and Counter-Cyberterrorism Plan and the National 
25 
Cybersecurity Plan shall be prepared, approved, and implemented within 90 days of the approval 
26 
of the implementing rules and regulations. 
84 


1 
Section 60. Compliance of Government lCT lrifrastructure and Critical Networks, Data, 
2 
and Internet lnfi'astructure. -
3 
1. Within 90 days of the approval of the National Cybersecurity Plan, government 
4 
agencies and instrumentalities shall have secured their private network and data infrastructure as 
5 
prescribed by the Plan. Penalties as prescribed by this Act shall be imposed for noncompliance. 
6 
2. Within 180 days of the approval of the National Cybersecurity Plan, government 
7 
agencies and instrumentalities shall have secured their public network, data, and Internet 
8 
infrastructure as prescribed by the Plan. Penalties as prescribed by this Act shall be imposed for 
9 
noncompliance. 
10 
3. Within 180 days of the approval of the National Cybersecurity Plan, all Internet service 
11 
providers, 
Internet 
exchanges, 
Internet 
data 
centers, 
Internet 
gateway 
facilities, 
12 
telecommunications entities, and persons providing Internet connection, network, or data 
13 
transmission services shall have met the minimum standards of privacy and security for their 
14 
private and public network, data, and Internet infrastructure as prescribed by the Plan and 
15 
appropriate official instructions. Penalties as prescribed by this Act shall be imposed for 
16 
noncompliance. 
17 
4. Within 60 days of the approval of the implementing rules and regulations, all Internet 
18 
service providers, Inte1'11et exchanges, Internet data centers, Internet gateway facilities, 
19 
telecommunications entities, and persons providing Inte1'11et connection, network, or data 
20 
transmission services shall have met the minimum standards of interconnectivity and 
21 
interoperability of their information and communications technology infrastructure as prescribed 
22 
by the implementing rules and regulations and appropriate official instructions. Administrative 
23 
penalties shall be prescribed for noncompliance. 
24 
5. Within 90 days of the approval of the implementing rules and regulations, all Internet 
25 
service providers, Internet exchanges, Inte1'11et data centers, Internet gateway facilities, 
26 
telecommunications entities, and persons providing Internet connection, network, or data 
27 
transmission services shall have met the minimum standards of service quality as prescribed by 
28 
the implementing rules and regulations and appropriate official instructions. Administrative 
29 
penalties shall be prescribed for noncompliance. 
85 


1 
Chapter XV. l'ublic Iuformation Campaign. 
2 
Section 61. Public In/ormation Campaign for the Magna Carta for Philippine Internet 
3 
Freedom and its Implementing Rules and Regulations. -
4 
I. The Office of the President, the Presidential Communications Development and 
5 
Strategic Planning Office or its successor agency, the Philippine Information Agency or its 
6 
successor agency, and the Department ofInterior and Local Government through the information 
7 
offices of local government units, shall be jointly responsible for information campaigns to 
8 
ensure nationwide awareness of the Magna Carta for Philippine Internet Freedom and its 
9 
implementing rules and regulations. 
10 
2. The Department of Edncation and the Department of Social Welfare and Development 
11 
may provide age-appropriate information campaigns in schools to ensure nationwide awareness 
12 
of the Magna Carta for Philippine Internet Freedom, its implementing rules and regulations, and 
13 
the safe use of the Internet and information and communications technology for children of 
14 
school age and for out-of-school youths. 
15 
Chapter XVI. Appropriations. 
16 
Section 62. Initialfitnding requirements. -
17 
1. DIeT - An initial. appropriation of fifteen mjllion pesos (PHP 15,000,000) shall be 
18 
drawn from the national government for purposes of establishment and operation of the DICT, 
19 
exclusive of the existing appropriations of its subordinate agencies. 
20 
.2. DO] - The initial funding requirements for the implementation of this Act of the DO] 
21 
shall be charged against the current appropriations of the DOl 
22 
3. NBI - The initial funding requirements for the implementation of this Act of the NBI 
23 
shall be charged against the current appropriations of the NBI. 
24 
4. PNP - The initial funding requirements for the implementation of this Act of the PNP 
25 
shall be charged against the current appropriations of the PNP. 
26 
5. IRR - An initial appropriation of five million pesos (PI-IP 5,000,000), to be disbursed 
27 
by the Secretary of Information and Communications Technology, shall be drawn from the 
86 


1 
national government [or purposes of the preparation of the Implementing Rules and Regulations 
2 
of this Act. 
3 
6. PIA - An initial appropriation of five million pesos (PHP 5,000,000) shall be drawn 
4 
from the national government for purposes of the information dissemination campaign on this 
5 
Act by the PIA. 
6 
7. Other agencies - The initial funding requirements for the implementation of this Act 
7 
by other agencies shall be charged against the current appropriations of the respective agencies. 
8 
9 
Section 63. Succeeding appropriations. -
Such sums as may be necessary for the 
10 
implementation of this Act shall be included in the agencies' yearly budgets under the General 
11 
Appropriations Act. 
12 
Chapter XVII. Separability Clause. 
13 
Section 64. Separability clause. -
If any provision or part hereof is held invalid or 
14 
unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain 
15 
valid and subsisting. 
16 
Chapter XVIII. Repealing Clause. 
17 
Section 65. Repealing clause - Any law, presidential decree or issuance, executive order, 
18 
letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the 
19 
provisions of this Act is hereby repealed, modified, or amended accordingly. 
20 
Chapter XIX. Effectivity Clause 
21 
Section 66. f;ffectivily clause. - This Act shall take effect fifteen (15) days after its online 
22 
publication in the Official Gazette. Within seven (7) days after its online publication, this Act 
23 
shall be published on (2) newspapers of general circulation. 
Approved, 
87