Repubiic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS | pg, PRET TON UNIT
First Regular Session mAND INDEX SERVICE
er —
nouse ani no. 2998

Introduced by Rep. Winston “Winnie”Castelo

EXPLANATORY NOTE

When subscribers receive otherwise unsolicited, unnecessary, and unwanted messages or
materiai(s) via text which can be commercial offerings, promotions, advertisements, and
surveys — these shoul! constitute ae undue intrusion into the private space of mobile phone
subscribers and therefore is deemed associated with some unforeseen adverse effects on
quality of life and personal freedom.

Since these spam messages, whether they come from known or unknown sources should be
regulated precisely because the subscribers did not ask for them, then the National
Telecommunication Commission should exercise its disciplinary as well as regulatory powers
‘over the telecommunication companies that ‘father’ these rather not-too-desirable and in fact,
unwelcome developments.

The vicious and unregulated bombardment of these texts or messages gets in the way of the
free, open, clean and supposedly unobtrusive personal and private use of legitimate mobile
phone subscribers of their units in ways that please, satisfy, and supply their needs and the
costs they paid for in their chosen post-paid or pre-paid plans.

It is never incumbent upon any nefarious source to stand in the way of this freedom of
communication when, without mutual consent or at least the consent of the receiver, any mobile
phone owner or subscriber, just receives any text or any message from known or unknown
source unless with due permission or upon the demand of the receiver from the sender of such
spam,

This bill henceforth seeks to broaden and to grant regulatory powers that'will enable NTC to
effectively ban these unwanted and unsolicited messages under pain that telecom companies or
service providers involved will be meted fines or their franchises be reyoked.

Thus, the urgent passage of this bill is prayed for.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

ORSD

HOUSE BILL NO. 2596

introduced by Rep. Winston “Winnie”Castelo

AN AGT
GRANTING NATIONAL TELECOMMUNICATIONS COMMISSION DIRECT REGULATORY POWER
TO IMPOSE FINE AND REVOKE FRANCHISE OF ERRING TELECOMMUNICATION COMPANY OR
ANY OF ITS SERVICE PROVIDER ON UNSOLICITED OR UNWANTED MESSAGE OR MATERIAL
VIA TEXT TO MOBILE PHONE USER/SUBSCRIBER AND FOR OTHER PURPOSES

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

SECTION 1, This Act shail be known as the ‘Mobile Phone User's Freedom Act of
2016."

SEG. 2. Every mobile phone owner, user, and subscriber enjoys the inviolable right to a
free, open, clean, and unobtrusive freedom to use mobile phone unit free of otherwise
unsolicited, unnecessary, and unwanted message or text sent from known or unknown source
for commercial offering, promotion, advertisement, and survey without consent and permission.

SEC, 3, To effectively carry out the intent of this Act, the National Telecommunication
Communications is hereby authorize to impose fine of P200,000 on any telecommunication
company and any of its service providers involved in the violation of this Act and/or the
revocation of its franchise. Further, said agency shall issue appropriate rules, regulations, and
ire industry sector to strictly preclude cases of violation of this Act.

SEC. 4. This Act shaii take effect upon its publication in the Official Gazette and in at
least three (3) newspapers of general ation sixty (60) day n the effectivity of this Act.

Approved,