SEVENTEENTH CONGRESS OF THE )
REPUBLICOFTHE PHILIPPINES —)
Third Regular Session )

SENATE

Introduced by Senator Leila M. de Lima

AN ACT
REQUIRING PUBLIC TELECOMMUNICATIONS ENTITIES TO PROVIDE
ITS SUBSCRIBERS WITH FREE ACCESS TO GOVERNMENT WEBSITES

EXPLANATORY NOTE

Initially conceptualized for the military of the United States of America as a
defense network against nuclear war, the technological revolution widely called “the
Internet” currently caters to the entire international community and is rapidly
evolving as a critical enabler of social and economic change, transforming how the
government, industries and citizens interact, and offering new ways of addressing

development challenges.

The United Nations Research Institute for Social Development (UNRISD) has
long been studying the potential role of the Internet in promoting sustainable and
equitable development in developing countries. In one of its published papers entitled
“The Internet as a Tool for Social Development”, the UNRISD claimed that “... the
Internet can only become a tool for social development if it is applied in a way that
addresses the complex challenges of improving the lives of the least-privileged and
most needy millions around the world.” The study further stressed the importance of
Internet connectivity stating that “[i]f the Internet is to become a tool for serving the
poor, access by weaker social groups must be assured.”2

1 Uimonen, P. (n.d.). The Internet as a Too! for Social Development. Switzerland: United Nations Research Institute
for Social Development. Retrieved April 25, 2018, from https://www.isoc.org/INET97/proceedings/G4/G4_1.HTM
2 ibid.



At present, not everyone is fortunate enough to experience this technological
innovation. According to a Philippine study conducted in 20143, there exists clear
indications that the Philippines is “experiencing a ‘digital divide” when it comes to
Internet usage— with sixty-six (66) percent of the middle to upper class being Internet
users as compared to only thirty-five (35) percent and eighteen (18) percent of the poor
and very poor classes, respectively. The cause of this digital gap lies with accessibility,

or to be more precise, the lack of it. Poverty consequentially denies the majority of the
people the ability to connect to the Internet due to geographic (proximity to
telecommunication infrastructures) and economic (high service cost) restrictions.

Fully aware of the power of the Internet and its effect in the economy, Congress
enacted Republic Act No. 10929, or the “Free Internet Access in Public Places Act”, on
02 August 2017. With this landmark legislation, the economic restriction of Internet
accessibility had been resolved by eliminating the steep service costs. However, this
approach only partially answers the geographic constraint hampering the Internet

connectivity of our nation.

With technology rapidly changing our social and economic landscape, it has
now become imperative for the government to ride the tide of technological
advancement in order to provide a more efficient, safer, and equitable public service.
The United Nations E-Government Survey 2016 has ranked the country with a Very
High Online Service Index and has vastly improved in the E-Government
Development Index compared to the 2014 survey. The report noted that a new trend
in e-government has been the evolution towards the provision of integrated public
services online through, among others, one-stop platforms allowing access to a range
of public services. This approach makes it easier for people to interact with public
administrators, and facilitates efficient and integrated responses to their queries and
needs.

Thus, this proposed measure enjoins the participation of the
telecommunications sector in connecting government services to the general public,
alleviating the technology-driven economic and social disparity currently present in
our country. Catering to Filipinos who have access to smartphones, this bill will
connect each citizen to the vast catalogues of government information. With this

* Labucay, |. D. (2014). Patterns of internet usage in the Philippines. n J.D. James (Ed. The Internet and the Google
‘age: Prospects and perils (pp. 27-49). Dublin: Research-publishing net. doi: 10.14705/rpnet.2014.000176

2



measure, ordinary Filipinos will be empowered to be more critical and participative in
the decision-making processes that shape our society. Government forms and online
government services, as in the matter of scheduling applications such as those for
passports and National Bureau of Investigation (NBI) clearances will also become

more accessible to those in the far reaches of the country.

This Bill envisions an empowered Filipino citizenry with full-access to integral
government information. As South Africa’s former President Nelson Mandela once
said, “If we cannot ensure that this global revolution creates a world-wide information.
society in which everyone has a stake and can play a part, then it will not have been a

revolution at all.”

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



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SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
Third Regular Session )

18 JUN 18 AID 45
SENATE

§.No._1852 REL, +f

Introduced by Senator Leila M. de Lima

AN ACT
REQUIRING PUBLIC TELECOMMUNICATIONS ENTITIES TO PROVIDE
ITS SUBSCRIBERS WITH FREE ACCESS TO GOVERNMENT WEBSITES

Beit 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 “Free Access to Government
Websites Act”.

Sec. 2. Declaration of Policy.— The State hereby recognizes the vital role of
information and communications technology in nation-building, and declares its
policy to promote an environment that would ensure the availability and accessibility
of official government information in the internet. Towards this end, the State shall
mandate that public telecommunication entities granted with a Congressional
privilege to operate as such to contribute in the promotion of availability and efficiency
of access to government and lessen the digital divide.

Sec. 3. Definition of Terms.—
(a) Government website — a website recognized by the Department of
Information and Communications Technology (DICT) and being
maintained for the National Government, with the main purpose of
communicating and providing information, departmental issuances,
mandates and other vital information for the operation of the government

and the general public;



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(b) Free access — shall mean the provision of full and uninhibited access to
government websites by telecommunications entities without charging
their subscribers any fee or service cost;

(©) Public telecommunications entity — any person, firm, partnership or
corporation, whether government or private, that is engaged in the
provision of telecommunications services to the public for compensation
and conferred with a legislative franchise to operate;

(d) Subscriber - any person who uses, enjoys and pays for the services of public
telecommunications entities;

(e) Telecommunications — any process which enables a telecommunications
entity to relay and receive voice, data, electronic messages, written or
printed matter, fixed or moving pictures, words, music or visible or audible
signals or any control signals of any design and for any purpose by wire,
radio or other electromagnetic, spectral, optical or technological means.

Sec. 4. Free Access to Government Websites.— All public teleecommunications
entities are required to provide free access to all government websites. To ease the
burden of public telecommunication entities in the enforcement of this Act, the DICT
is mandated to assist government agencies in ensuring that their respective websites
can be accessed with minimal data requirements.

Sec. 5. Penalties.— Any public telecommunications entity who is found to have
violated the provisions of this Act shall be punished with a fine of not less than One
million pesos (P1,000,000.00) but not more than Ten million pesos
(P10,000,000.00) and/or a suspension or revocation of its legislative franchise and
other permits and licenses by the National Telecommunications Commission.

Sec. 6, Implementing Rules and Regulations.— The DICT, as lead implementing
agency that will oversee the effective and efficient implementation of this Act, shall
promulgate the necessary rules and regulations within one hundred twenty (120) days
from the effectivity of this Act.

Sec. 7. Repealing Clause.— All laws, decrees, orders, rules or regulations, other
issuances or parts thereof inconsistent with this Act are hereby repealed or amended

accordingly.



Sec. 8. Separability Clause.— If any provision of this Act is declared invalid, other
parts or provisions hereof not affected thereby shall remain and continue to be in full
force and effect.

Sec. 9. Effectivity.— This Act shall take effect fifteen (15) days after the completion
of its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,