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

SIXTEENTH CONGRESS
First Regular Session

House Bil No. LL00

Introduced by Kabataan Party-list Representative Terry L. Ridon

EXPLANATORY NOTE
This bill seeks to promote and protect the rights of internet users.

The State recognizes the importance of information and communications in nation-
building. It also recognizes its concomitant obligation to ensure the people's enjoyment of the
right to freedom of speech and of expression. Hence, it is imperative for the State to guarantee
the free flow of information and the growth, promotion and development of information and
communications technologies and industries

In a report to the United Nations Human Rights Commission by the Special Rapporteur
on the promotion and protection of the right of freedom of opinion and expression released in
June 2011, it was stated: "Given that the internet has become an indispensable tool for realizing
a range of human rights, combating inequality, and accelerating development and human
progress, ensuring universal access to the Internet should be a priority for all States.”

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

The advancement of information and communications technology has brought many
advantages as well as challenges to its users and the authorities regulating its use. The creation
of the internet is a landmark development that has caused a revolutionary effect to a majority of
the world’s population as it now affects almost all aspects of human life. It has affected the social,
cultural, political and economic development of the world. It has changed the ways that
transactions are done. One can now do real time business with someone who is half-way around
the world; families can easily communicate with their loved ones who work abroad; people are
now more involved in the formulation of policies by the government; even the implementation of
government programs can now be monitored by the citizens through the internet.

All these are made possible by the interactive nature of the internet, its speed and
worldwide reach, However, unscrupulous persons have also adapted to the development of
information and communications technologies and have found ways to exploit internet-based


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

The growing importance of the internetand the critical role it plays in national development
necessitate the enactment of measures to protect and promote the rights of its end users.

This bill aims to transcend the current trend of information and communications
technology-related laws passed in our great nation - which is to restrict, rather than promote the
rights of users. The hurried passage of RA 10175or the Cybercrime Prevention Act of 2012 is
proof to this ongoing trend, as the law defined unlawful acts on the internet yet forgot to define
the freedoms it needs to protect, and ultimately curtailed those freedoms.

This bill seeks to reaffirm that constitutionally guaranteed rights apply on the internet.

In view of the foregoing considerations, Kabataan Party-list refiles this bill and urgently
seeks its approval.

taayt Party-list


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

SIXTEENTH CONGRESS
First Regular Session

House Bill No, 1160

Introduced by Kabataan Party-list Representative Terry L. Ridon

AN ACT
ESTABLISHING A MAGNA CARTA OF INTERNET USERS

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

SECTION 1. Short Title This Act shall be known as the “Internet Freedom Act.”

SECTION 2.Declaration of Policy.~ It is the policy of the State to uphold the
People’s right to freedom of speech, of expression and of the press through all types of
media, including the internet. The State recognizes the vital role of communication and
information in nation-building and affirms that all the rights, guarantees, and privileges
provided by the Constitution and the generally accepted principles of international law, shall
apply to the Filipino people in their use, development, innovation, and invention of
information and communications technology (ICT) and the internet

The State also recognizes internet access as a right and thereby promotes access to
the internet and shall keep the internet free from censorship while providing ample regulatory
control within the bounds of the Philippine Constitution,

The State upholds that the rights that the people possesses as defined in the Bill of
Rights of the Constitution must also be protected online, regardless of frontiers and through
any media of one’s choice, including new and emerging platforms afforded by the internet

Towards this end, the State shall adopt measures to protect the internet's
universality, integrity and openness and to maximize the internet's potential to promote
democracy and cultural diversity. it shall periodically formulate studies, targets and
strategies, and implement a comprehensive program on the use and development of the
internet in the country. The State shall likewise take steps to protect the privacy of its users
and ensure that access to the internet is available to its citizens.

SECTION 3.Guiding Principles. This Act shall be guided by the following
principles:

@) Access to the internet is a civil right and the ability to share information and
communicate freely using the internet is vital to the realization of human rights;


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b) The global and open nature of the internet is an important driving force in national
socio-economic and political development; and

©) Regulation on the internet shall be responsive rather than prohibitive towards
users, and shall maintain the openness or the free, public character of the internet.

SECTION 4. Objectives. ~ This Act shall have the following objectives:
a) To promote the right of all citizens to access the internet;
b) To promote the rights and freedoms of internet users;

¢) To promote access to information, knowledge and participation in cultural activities
and public affairs;

) To promote innovation and encourage the dissemination of new technologies and
models of use and access;

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

f) To promote compliance with the open technological standards that allows
communication, accessibility and interoperability between applications and databases.

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

a) Internet refers collectively to the myriad of computers and telecommunications
facilities, including equipment and operating software, which comprise the interconnected
worldwide network of networks that employ the transmission control protocol or internet
protocol, or any predecessor or successor protocols to such protocol to communicate
information of all kinds by wire, radio, or other electronic media;

b) Internet Access refers to the means by which users connect to the internet by
equipping the computer with a modem and using the common methods of internet access
Such as dial-up, landline, T-lines, Wi-Fi, satellite, cell phones and similar technologies;

©) Internet Service Provider (ISP) refers to any person or entity that supplies or
proposes to supply, an internet service carriage to the public;

d) Internet Applications refer to the group of functionalities that can be accessed by
a terminal connected to the internet;

€) Internet Application Access Logs refer to the information regarding the date and
time of use, from a determined IP address, of a specific internet; and

f) Terminal refers to a computer or any device that connects to the internet;

SECTION 6. Universal Access to the Internet.— A\ll citizens have the right to access
the internet. No citizen shall be denied access to the internet on account of one’s socio-
economic status, political or religious beliefs, sexual orientation, or physical handicap.

SECTION 7. Rights of Internet Users. - All internet users shall enjoy the following
rights:


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

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

1, Suspension or termination of the service at the request of the subscriber,

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

3. Expiration of a fixed contract; or

4, When an ISP is required by law or a court order to suspend or terminate its
service,

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

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

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

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

Restrictions on the operation of websites, blogs or any other internet-based,
electronic or other such information dissemination system, including systems to support such
communication, such as internet service providers or search engines, may only be permitted
if the aforementioned systems pose threats to fundamental rights of a person. The restriction
of such systems may only be implemented. following a court order: Provided, That the court
order shall specify and limit which particular content shall be restricted.

SECTION 9. Association on the Internet.~ All citizens have the right to gather and
Participate in shared learning, creation and exchange of ideas through online activities.

SECTION 10. Quality of Connection. — All internet subscribers have the right to
quality connection, which ensures that internet speed and signal strength received by the
Subscriber shall not be lower than that agreed upon by the subscriber and the internet
service provider.

The National Telecommunications Commission shall ensure that internet service
providers deliver the agreed internet speed and signal strength.


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SECTION 11. Right to Benefit from What They Create All citizens have the right
to benefit from their ideas, creations and publications on the internet, including but not
limited to monetary remunerations and credit for the work done.

SECTION 12. Freedom of Expression on the Internet. ~ All citizens have the right
to express their ideas, views and opinions on the internet without fear of reprisal. The
preservation of the right to privacy and freedom of expression in communications is a
condition for the full exercise of the right to internet access.

SECTION 13, Privacy on the Internet— The State shall guarantee the right to
privacy of its citizens. The State shall protect the right of a person to ensure the privacy of
the data or networks over which the person has property rights over, and shall protect the
Tight of a person to employ reasonable means to this end.

SECTION 14. Prohibited Acts. - To ensure privacy of internet users, the following
acts shall be prohibited:

a) Monitoring or analyzing of data by an internet service provider without prior
knowledge and consent of the user or subscriber,

b) Internet surveillance and data collection on users by agencies and
instrumentalities of the State without securing a court order. The State may only acquire
private user data through its civil law enforcement agency in pursuit of a crime;

) Identifying internet users and disclosing their communications data without a court
order and for purposes other than criminal investigations and criminal proceedings; and

4) Accessing communications data by persons other than public authorities that are
directly involved in criminal investigations and criminal proceedings.

SECTION 15, Penalties. ~ Any person who shall commit the prohibited acts under
Section 14 of this Act or any regulation hereunder shall, upon conviction, be imposed the
fine of not less than One Hundred Thousand pesos (P100,000.00) but not more than Five
Hundred Thousand pesos (P500,000.00) or imprisonment of not less than six (6) months but
not more than six (6) years, or both fine and imprisonment at the discretion of the court.

If the offense is committed by a corporation, trust, firm, partnership, association or
any other juridical entity, the penalty shall be imposed upon the officer responsible for the
violation. In case the offender is an alien he shall be deported immediately after service of
sentence or payment of fine.

A prosecution under this Act shall be without prejudice to any liability for violation of
any provision of the Revised Penal Code, as amended, or other special criminal laws.

SECTION 16. Disclosure of Access Logs. - Interested parties may, for the purpose
of gathering evidence in civil and criminal proceedings, request a competent court to order
the party responsible for storing intemet application access logs or connection logs, to
disclose these logs. The requesting party must fully justify the necessity of the disclosure of
these connection logs, otherwise, the request shall be denied


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The court shall take the necessary measures to ensure the secrecy of the information
received to protect the reputation of the subscriber subject of the request.

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

The Information and Communications Technology Office of the Department of
Science and Technology, and the Technical Education and Skills Development Authority
shall develop and implement plans, policies, programs, measures, and mechanisms for the
development of human resources, skills development, and technology development for
Information and communications technology infrastructure in the Philippines.

SECTION 18. Separability Clause. - If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full
force and effect.

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

SECTION 20. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation,

Approved,