Republic of the Philippines
House of Representatives
Quezon City
NINETEENTH CONGRESS
First Regular Session
HouseBillNo.      _6_3_44
Introduced by Representative Albert S. Garcia
EXPLANATORY NOTE
This  bill  seeks  to  require  the  instant  messaging  service  providers  to
enable  interoperability function  in  their messaging  applications and  provide  penalties
for non-compliance thereof.
For years, the Philippines has maintained the top spot in social media use and
other  instant  messaging  services  using  online  platforms  such  as  Facebook  (Meta),
Viber, WhatsApp, Telegram, Wechat, Line, KakaoTalk and Skype in the whole of Asia.
An   overwhelming   majority  of  the   country's   adult  population   used   Messenger  to
communicate with family members or close friends, followed by Viber based on recently
surveyed internet users.
Filipino consumers also reach out to businesses through messaging applications
more  frequently  compared  to  the  pre-pandemic  period.    The  COVID-19  pandemic
forced many countries to lockdown, enforce social distancing and restrain face-to-face
business operations,  resulting to more  Filipinos going online, with  businesses across
many industries increasing their investment and engagement through online channels
to connect with customers.
Inasmuch as Filipinos wanted to make the most of and take advantage of instant
messaging services using online applications, either for personal or business purposes,
they are  prevented from doing  so due to some restrictions  in the  instant messaging
system.  Unlike on mobile phones or email, instant messaging app users cannot directly
send a message from one app to another.   The lack of platform interoperability often
forces  consumers  to  stay  with  application   platforms  even   if  they  are   no  longer
comfortable using them.  Hence, people stick to the most prominent platforms because
they have no other choice and that it is where their contacts are concentrated.
The  European  Union  (EU) has recently ratified the  "D/.g/'fa/ Markets Act" which
mandates    large    companies    providing    core    platform    services,    with    a    market
capitalization  of  at  least  75  billion  euro  or  an  annual  turnover  of  7.5  billion,  to  be
designated  as  gatekeepers  that  will   provide  certain  services  such  as  browsers,


messengers or social  media, which  have at least 45 million monthly end users in the
EU and 10,000 annual business users.  Also, the largest messaging services, such as
WhatsApp,  Facebook Messenger or iMessage will  have to open up and interoperate
with smaller messaging platforms.   Users of small or big platforms would then be able
to exchange messages, send files or make video calls across messaging apps, thus
giving them more choices.
This bill seeks to ease the burden of end users by imposing instant messaging
interoperability  between  apps while ensuring  that communications  remain  encrypted
from user to user.  This means that users of different messaging applications can send
messages and share images, voice messages, videos and other attached files without
using their respective online platforms. For instance, a Facebook (Meta) app user can
directly send an instant message to a Viber app user without using a Viber account.   It
will   also  ensure  that  service   integrity,   security  and  encryption   levels  by  service
providers will remain the same.
Moreover,   this   proposed   bill   envisions   the   National   Telecommunications
Commission   (NTC),   Department  of  Information   and   Communications  Technology
(DICT) and the National Privacy Commission (NPC) as the lead agencies to provide the
standards  in the determination of service  providers that are capable of including the
function   of  interoperability   in   their   messaging   applications,   draft  the   necessary
guidelines  for  interoperability  including  data  security  measures,   provide  technical
support to service providers, if necessary, and monitor compliance thereof.
Ensuring the interoperability of instant messaging services' basic functionalities
across all platforms is not only a landmark piece of legislation.   It will also undoubtedly
provide  tangible  results  to  all  consumers  who  will  get  the  choice  to  use  instant
messaging  services  without  losing  control  over their data.    This  will  also  provide  a
competitive industry and offer new opportunities for app developers, small businesses
will  get more access to  business-related  data,  and the online advertising  market will
become reasonable.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
:..i ..-- :  i..-`.
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Republic of the Philippines
House of Representatives
Quezon City
NINETEENTH CONGRESS
First Regular Session
HouseBillNo.       6344
________________             -------           _  ___                               _              -
Introduced by Representative Albert S. Garcia
---_-----..--.---.___---_-------------------------------------.---------=======------------i--------__.__..
1                                                                                      AN ACT
2       REQUIRING   THE   INSTANT   MESSAGING   SERVICE   PROVIDERS   TO   ENABLE
3       lNTEROPERABILITY FUNCTION IN THEIR MESSAGING APPLICATIONS
4
5      Be  it enacted  by the  Senate and the  House of Representatives of the  Philippines in
6      Congress assembled:
7
8                   SECTION 1.   Short Ti.I/e. -This Act shall be known as the "/nsfanf Messagt.ng
9       Application lnteroperability Act."
10                  SEC. 2.   Dec/arafi.on of po//.cy. -lt is the policy of the State to promote the
11       adaptation of technology and encourage the widest participation of private groups in the
12      generation and  utilization of science and technology.   With the latest technology,  the
13      State  recognizes the  important role of instant  messaging  services and  use  of online
14      applications in the economic growth and development.   The state also recognizes the
15       responsibility   of   service   providers   in   contributing   investments   and   services   in
16      telecommunications and  information technology.   To this end,  the  State  shall ensure
17      the facility of network security and interoperability of instant messaging technology for
18       the national benefit.
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I                   SEC.  3.     /nferoperab/./i.fy.  -  All   instant  messaging   (lM)  service  providers
2      operating in the philippines shall enable interoperability in their messaging applications
3      and allow exchanges of information with other messaging applications.   For purposes
4      of this Act, t.nferoperab/.//.fy refers to the ability of lM applications to seamlessly connect,
5      communicate and process data in a coordinated way, without effort from the end user.
6      /nferoperab;./rty under this Act shall include the following basic functionalities:
7                    (a) End-to-end text messaging between two (2) individual end users;
8                   (b) Sharing of images, voice messages, videos and other attached files in end-
9      to-end communication between two individual end users;
10                    (c) End-to-end text messaging within groups of individual end users;
11                    (d) Sharing of images, voice messages, videos and other attached files in end-
12      to-end communication between a group chat and an individual end user;
13                    (e) End-to-end voice calls between two (2) individual end users;
14                    (f) End-to-end video calls between two (2) individual end users;
15                    (g) End-to-end voice calls between a group chat and an individual end user; and
16                    (h) End-to-end video calls between a group chat and an individual end user.
17                   The   enumerated   functionalities   shall    progressively   be   integrated    in   the
18       messaging applications of lM service providers upon identification pursuant to section
19       4 of this Act.  Functiona]ities (a) and (b) shall  be integrated within six (6) months upon
20       identification.  Functionalities (c) and  (d) shall  be  integrated within two  (2) years  upon
21       identification. Functionalities (e), (f), (g), and (h), shall be integrated within four (4) years
22       upon identification.
23                   The lM service providers shall act as gatekeepers of their respective messaging
24      applications and ensure the integrity, security and privacy of data.
25                   SEC.   4.      Responsi-A/e   Agenci.es.   -   The   National   Telecommunications
26      Commission  (NTC), the  Department of Information and  communications Technology
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I       (DICT)   and   the   National   Privacy   Commission   (NPC)   shall  jointly   implement  the
2       provisions of this Act and perform the following functions:
3                    (a) Formulate the guidelines for the integration of interoperability function in the
4       lM  applications  of  lM  service  providers  operating  in  the  Philippines,  including  the
5      measures to protect the integrity and privacy of data;
6                    (b)  Identify  lM  service  providers  operating  in  the  country  and  direct  them  to
7       integrate the interoperability basic functionalities;
8                    (c) Provide technical support to lM service providers, if necessary; and
9                    (d) Monitor the compliance of lM service providers with the provisions of this Act.
10                   SEC, 5.  End-fchEnd Encrypf7-on. -The interoperability of lM applications must
11       respect the right of privacy, provide data quality, and uphold data protection by ensuring
12      that  communications  remain  encrypted  from  user to  user  and  only  the  sender  and
13      recipient have access to the messages.
14                   SEC. 6.  Duty of/M servi.ce proyJ.ders. -All identified lM service providers shall
15       perform the following duties:
16                    (a) Integrate all the functionalities of interoperability or cross-platform lM services
17      pursuantto section 3 ofthisAct; and
18                   (b) Ensure the end-to-end encryption pursuant to section 5 of this Act.
19                   SEC. 7.   Pena/fi.es. -A service provider who fails to perform the duties under
20       Section 7 of this Act shall be punished by the following penalties:
21                    (a) First offense: Suspension of business operation for a period of six (6) months
22       and a fine of one million pesos (P1,000,000.00);
23                   (b) Second  offense:  Suspension  of business operation for a  period of one  (1)
24      year and a fine of Three million pesos (P3,000,000.00); and
25                    (c) Third offense: Cancellation or termination of business operation and a fine of
26       Five million pesos (P5,000,00.00).
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\                  SEC. 8.  Implementing Rules and Regulations. -W.rmin n-inety (90) days from
2      the effectivity of this Act, the Commissioner of the NTC, the Secretary of Information
3      and communications Technology. and the chairperson of the NPC, in coordination with
4      relevant industry stakeholders,  shall  promulgate the  necessary rules and  regulations
5      forthe effective implementation of this Act.
6                  SEC.10.  Repea/ing c/arse. -All laws, executive orders, issuances, rules and
7      regulations, or parts hereof inconsistent with the provisions of this Act are repealed or
8       modified accordingly.
9                   SEC.11.    Effectl.yify.  -This  Act  shall  take  effect  fifteen  (15)  days  after  its
10      publication in the offici.a/ Gazeife or in a newspaper of general ciroulation.
11                      Approved,
12
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