NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. _2 70

Introduced by Representative Christian Tell A. Yap

‘The “No Call, No Text, and No E-mail Registration System Act” is a protective measure for
all mobile phone subscribers and e-mail users from unwanted calls, text messages and e-mails. It
prohibits and penalizes unsolicited commercial or promotional advertisements without the prior
consent of the receiver, promoting fair, responsible and less intrusive marketing practices

This measure establishes a No Call, No Text and No E-mail Registries through the National
Privacy Commission (NPC) which will serve as listings for subscribers who do not want to receive
any similar communication. It seeks to protect mobile phone subscribers and e-mail users from
unwanted calls, text messages, and e-mails that intrude, disrupt and disturb their activities. Further, the
measure aims to promote the adoption of more responsible and accountable business practices from

marketing and sales agents.

In view of the foregoing reasons, the approval of the bill is earnestly sought.



NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._ 270

Introduced by Representative Christian Tell A. Yap

AN ACT
ESTABLISHING THE ‘NO CALL, NO TEXT AND NO E-MAIL REGISTRATION SYSTEM’,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be in enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
CHAPTERI
TITLE AND DECLARATION OF POLICY
SECTION 1. Short Title. - This Act shall be known as the “No Call, No Text and No E-mail

Registration System Act.”

SEC. 2. Declaration of Policy. It is hereby declared the policy of the State

a. toensure the protection of the interest of mobile phone subscribers and e-mail users vis~
4-vis unsolicited commercial speech;

b. toensure the establishment of a standards of conduct for business and industry in sending
text messages and e-mails to subscribers,

c. to promote the fundamental right of a mobile phone service subscriber and e-mail user
to privacy, and

d._ to ensure the protection of subscribers from unwanted calls, texts and e-mails inducing

the purchase of goods or services and other forms of solicitation

CHAPTER II
DEFINITION OF TERMS, MECHANISMS FOR THE ESTABLISHMENT OF A ‘NO
CALL, NO TEXT AND NO E-MAIL REGISTRATION’ SYSTEM

SEC. 3. Definition of Terms. ~ As used in this Act
a. Caller or sender refers to any person, and in the case of a juridical person, an employee or
agent, who initiates a call, a text message or an e-mail for the purpose of making an

outbound or unsolicited call, text message or e-mail;


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b. Consent refers to a written contract signed by both the subscriber and a representative of the
Public Telecommunications Entity (PTE) indicating that the subscriber opted to receive
such commercial or promotional advertisement or push message;

c. E-mail refers to any message distributed by electronic means from one computer user to one
or more recipients via a network

d. Negative option refers to a feature which shall enable a person to stop receiving any call, text
or e-mail from a caller or sender;

e. No Call Register refers to the listing of Philippine telephone numbers to which a specified
voice message shall not be sent;

£. No Text Register refers to the listing of Philippine telephone numbers to which a specified
text message shall not be sent;

8. No E-mail Register refers to the listing of Philippine e-mail addresses to which a specified e-
mail shall not be sent,

h. Outbound call, text or e-mail refers to a telephone call, text message or e-mail initiated by
any caller or sender to induce the purchase of goods and services;

i, Prize refers to anything offered, or purportedly offered, and given, or purportedly given, to a
subscriber by chance;

j. Subscribers refer to clients of telecommunications companies, whether under a pre-paid or
post-paid plan;

k. Text refers to any message sent via short message service (SMS);

1. Upselling refers to soliciting the purchase of goods or services following an initial transaction
during a single telephone call, text message or e-mail;

m. Unsolicited call, text or e-mail refers to a call, a text message or an e-mail which is not
initiated by the recipient of the call or message such as upselling, surveys, awarding of a
prize when the recipient did not join or subscribe to any game or activity, or solicitation by
any non-profit and charitable institution, whether or not the call, text message or e-mail

induces the purchase of goods or services

SEC. 4. Subscriber's Consent Prior to Sending Promotional Advertisements or Messages. —
Commercial or promotional advertisements, or push messages may only be sent to a subscriber who
has given prior consent or has specifically opted-in to receive said messages without additional cost
All commercial or promotional advertisements, or push messages must contain an accurate description

of the message, identity and contact number of the PTE who sent or caused to send the message.

SEC. 5. Establishment of No Call, No Text and No E-mail Registers. — Pursuant to the
foregoing, the National Privacy Commission, hereinafter referred to as the Privacy Commission, shall
establish a No Call Register, No Text Register and a No E-mail Register: Provided, That, the identity
of persons registered shall be kept highly confidential: Provided, further, That only the telephone
numbers and the e-mail addresses of registered persons may be accessed from the registers


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SEC. 6. Registration in the No Call, No Text and No E-mail Registers. - A subscriber may
manage and limit the outbound and unsolicited call, text and e-mail messages that maybe received by
registering a telephone number in the No Call and No Text Registers or an e-mail address in the No E-
mail Register upon presentation of a government identification and proof of exclusive ownership over
a particular telephone number or e-mail address, and upon payment of a fee as determined by the
Privacy Commission: Provided, That the registration of mobile numbers of a subscriber or e-mail
address of a user below eighteen (18) years of age may be done by his parent or legal guardian.

Such registration shall be valid for a period of one (1) year, subject to renewal.

SEC. 7. Removal of Numbers and E-mail Addresses. — Telephone numbers and e-mail
addresses registered in the No Call, No Text and No E-mail Registers shall not be changed nor removed
except upon the request of the owner in writing. Invalid or disconnected telephone numbers and e-mail

addresses may be changed or removed upon adequate validation by the Privacy Commission.

SEC. 8. Opt-out mechanism. — PTEs shall provide a mechanism for subscribers to opt out any
time from the broadcast messaging service at no cost to the subscriber or recipient. The opt-out
mechanism must enable the subscriber or recipient to indicate the decision not to receive any

commercial or promotional advertisement or push message from the PTE

SEC. 9. Negative Option Requirement. — A person whose number is not registered in the No
Call and No Text Registers or whose e-mail is not registered in the No E-mail Register may manage
and limit outbound and unsolicited calls, text messaging or e-mails through the negative option feature

All mobile phone callers or text message senders shall set-up a negative option which shall be
available to the recipient immediately upon answering the call, or at the beginning of the text or the e-
mail after providing the required information under Section 10 of this Act.

Upon selection of the negative option feature, the caller or sender shall not make any further
step to persuade the recipient and immediately end the call or stop sending any text message or e-mail
to the recipient. The recipient shall report and register the name and the number of the person, company
or organization who made the call, sent the message or e-mail to the No Call, No Text and No E-mail
Registers in order to make the caller or sender liable for violation of this Act for any subsequent call,
text message or e-mail. This prohibition shall apply to the caller or sender regardless of the goods or

services offered and the telephone number or e-mail address used to contact the recipient.

SEC. 10. Requirement for a Caller or Sender. — No person shall make an outbound or
unsolicited call, text message or e-mail unless such person:

a. registers and thereafter, obtains a certified true copy of the No Call, No Text and No E-

mail Registers from the Privacy Commission: Provided, That the Privacy Commission

shall have the power to set reasonable fees for the reproduction of these registries, and


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b. discloses the full name of the caller or sender, the company, or organization for whose
benefit the call, text message or e-mail is being made, and the telephone number of a
fixed line where such identity can be established and verified

SEC. 11. Responsibility of Caller or Sender. ~ It shall be the responsibility of any caller or
sender to register under Section 10 hereof and to get information on the numbers and e-mail addresses
which are registered in the No Call, No Text and No E-mail Registers. Possession of a certified true
copy of the No Call, No Text and No E-mail Registers prior to the date the call is made, or the text
message or e-mail is sent shall be considered prima facie evidence of knowledge on the part of the

caller or sender.

CHAPTER III
PROHIBITED ACTS, FINES AND PENALTIES

SEC. 12. Prohibited Acts. ~ Non-registration of the caller or sender as required under Section
10 of this Act shall be considered a violation of this Act
Except otherwise provided in this Act, no person, whether natural or juridical, shall make:
a. an unsolicited call to any telephone number listed in the No Call Register;
b. an unsolicited text to any telephone number listed in the No Text Register; and
c. an unsolicited e-mail to any e-mail address listed in the No E-mail Register
The PTE who shall give the special access to numbers or e-mail addresses of their subscribers
to commercial or marketing agencies without the latter’s consent shall be held liable under this Act.
The use of an automatic dialer or any electronic device that automatically or randomly contacts
telephone numbers is prohibited
Any violation of this section shall constitute the crime of unauthorized processing as defined
and penalized under Sections 25(a) and 25(b) of the Data Privacy Act of 2012, without prejudice to a
further fine that may be imposed by the Privacy Commission as provided for in this Act.

SEC. 13. Exceptions. — This Act shall not apply to a caller or sender under the following
circumstances:
1. in representation of a public agency who is not promoting any of its programs for
commercial purpose;
2. action undertaken in a personal capacity;
3. action prompted by a necessity to respond to an emergency that threatens the life,
health or safety of any individual;
4. when the sole purpose of the call, text or e-mail is to —
a. facilitate, complete or confirm a transaction that the recipient of the message
has previously agreed to enter with the sender,

b. provide warranty information, product recall information or safety or security


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information with respect to a product or service purchased or used by the
recipient of the message;
¢. deliver goods or services, including product updates or upgrades, that the
recipient message is entitled to receive under the terms of the transaction that
the recipient previously agreed to enter with the sender;
5. when with reference to an ongoing purchase or use by the recipient of goods or services
offered by the sender, the sole purpose of the call, text or e-mail is to ~
a. notify a change in its terms or features,
b._ notify a change in the standing or status of the recipient of the message, or
c. provide, at regular periodic intervals, account balance information or other type
‘of account statement with respect to a subscription, membership, account, loan
or comparable ongoing commercial relationship;
6. when its sole purpose is to conduct market research or market survey;
when sent to an organization other than an individual acting in a personal or domestic
capacity, for any purpose of receiving organization;
8. when done by duly recognized charities, religious institutions, or educational institutions
which are not considered as telemarketers, non-profit organizations, and other exempt
organizations under appropriate rules and regulations; or

as may be identified from time to time by the Privacy Commission

SEC. 14. Filing of Complaint. — Complainants may initially file their complaints with the PTE,
which shall act on all complaints received within fifteen (15) days from receipt of such complaints.
Complainants who are not satisfied with the action of the PTE may bring the matter to the

Privacy Commission

SEC. 15. Liability of Caller or Sender. — A caller or sender who commits any violation under
Sections 4, 9, and 10 of this Act shall be held solely liable. If the caller or sender acted for the benefit
of another person, natural or juridical, and with authority from the latter, they shall be both held
separately liable for the violation. However, if the caller or sender acted for the benefit of another
person, natural or juridical, without authority from the latter, the former shall be held solely liable

Any caller or sender who calls, sends a text message or e-mail to a subscriber who is in the No

Call, No Text and No E-mail Registers shall be fined for each call, text or e-mail.

SEC. 16. Penalties. — Without prejudice to administrative sanctions that may be imposed by the

Privacy Commission, or to civil or criminal liability, any person found to be in violation of any
provision of this Act or its implementing rules and regulations, shall be imposed the following penalties
a) Fora juridical person, a fine of not less than Fifty thousand pesos (P50,000) nor more than

One hundred thousand pesos (P 100,000.00) for each violation: Provided, That its officers

directly responsible for the violation shall suffer the penalty of fine of not less than Fifty


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thousand pesos (PS0,000.00) but not more than One hundred thousand pesos (P 100,000.00);
or

b) Fora natural person, a fine of not less than Fifty thousand pesos (P50,000,00) but not more
than One hundred thousand pesos (P100,000.00).

SEC. 17. Charges and Fees. - The Privacy Commission shall, within one hundred (100) days
from the promulgation of this Act, develop and promulgate a schedule of fees and charges it may collect

from entities who shall access the No Call, No Text and No E-mail Registers.

CHAPTERIV
FINAL PROVISIONS

SEC. 18. Appropriations. ~ The Privacy Commission shall immediately include in its programs
the implementation of this Act, the initial funding of which shall be charged against its current year’s
appropriations. Thereafter, such sums as maybe necessary for the continued implementation of this Act
shall be included in the Annual General Appropriations Act

Proceeds from penalties herein imposed shall accrue to the General Fund.

SEC. 19. Implementing Rules and Regulations. — Within ninety (90) days from the effectivity
of this Act, the Privacy Commission shall promulgate the necessary rules and regulations for the

effective implementation of this Act.

SEC. 20. Separability Clause. - If any part or provision of this Act shall be held unconstitutional
or invalid, other provisions hereof that are not affected thereby shall continue to be in full force and

effect.
SEC. 21. Repealing Clause. — All other laws, decrees, executive orders, proclamations and
administrative regulations, or parts thereof inconsistent herewith are hereby repealed or modified

accordingly

SEC. 22. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or in a newspaper of general circulation

Approved,