Internet laws in the Philippines that you should know

TechTravelMonitor looks at the core internet laws in the Philippines that you should know.

Cybercrime Prevention Act

The Cybercrime Prevention Act of 2012 (Republic Act No. 10175) is the cornerstone of Philippine cyber law, addressing offenses like cyber-squatting, identity theft, and illegal access to data.

The Cybercrime Prevention Act is a Philippine law designed to address the challenges posed by online crimes. It establishes a legal framework for detecting, investigating, and prosecuting cybercrimes.

Key provisions of the law include:

Defining cybercrimes: It outlines various cybercrimes such as hacking, data interference, cyber fraud, identity theft, cyber libel, and online child pornography.
Penalties: The law imposes penalties for cybercrimes, ranging from fines to imprisonment, depending on the severity of the offense.
Law enforcement powers: It grants law enforcement agencies the authority to investigate and prosecute cybercrimes, including the power to issue search warrants and subpoenas for electronic data.
International cooperation: The law facilitates cooperation with other countries in investigating and prosecuting transnational cybercrimes.

Essentially, the Cybercrime Prevention Act aims to protect individuals and businesses from online harm by providing legal tools to combat cyber threats.

Other laws complementing the Cybercrime Prevention Act

Data Privacy Act of 2012 (Republic Act No. 10173): While primarily focused on personal data protection, it has significant implications for internet activities.
Anti-Child Pornography Act of 2009 (Republic Act No. 9775): This law prohibits the production, distribution, and possession of child pornography, including online activities.
Intellectual Property Code of the Philippines (Republic Act No. 8293): This law protects copyrights, trademarks, patents, and other intellectual property rights in the digital realm.

E-commerce and internet transaction laws

The Philippines has a robust legal framework governing e-commerce, primarily comprised of two key laws:

Electronic Commerce Act of 2000 (Republic Act No. 8792)

This law is the foundational legislation for e-commerce in the Philippines. It:

Recognizes electronic documents and digital signatures.
Facilitates domestic and international electronic transactions.
Provides penalties for hacking, piracy, and other cybercrimes.
Establishes the legal framework for electronic contracts and agreements.

Internet Transactions Act of 2023 (Republic Act No. 11967)

This more recent law specifically addresses online consumer protection and business practices. It:

Protects online consumers from fraud and unfair practices.
Establishes the Electronic Commerce Bureau to oversee e-commerce activities.
Mandates registration of online businesses.
Imposes penalties for violations of consumer rights.

For these two laws, here are the key points to remember:

Both laws are crucial for e-commerce businesses operating in the Philippines.
Compliance with these laws is essential to avoid legal issues and protect consumers.
The e-commerce landscape in the Philippines is evolving, so it’s important to stay updated on new regulations and developments.

Anti-online exploitation of children

The Philippines also has an Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act, a Philippine law designed to protect children from the growing threat of online sexual abuse.

Key points about the OSAEC Law:

Purpose: To penalize online sexual abuse and exploitation of children, and to punish the production, distribution, possession, and access of child sexual abuse or exploitation materials.
Scope: Covers a wide range of online crimes against children, including live-streaming of sexual abuse, online grooming, sexual extortion, and child prostitution.
Penalties: Imposes strict penalties for offenders, including imprisonment and hefty fines.
Protection: Provides comprehensive protection for child victims and survivors.

This law is a crucial step in safeguarding the welfare of children in the digital age. It aims to create a safer online environment for minors.

Proposed laws

Additionally, there are more proposed internet-related laws currently being worked on by lawmakers in the Congress of the Philippines.

These include:

‘Konektadong Pinoy Bill’ or the Open Access in Data Transmission Bill

The Konektadong Pinoy Bill, also known as the Open Access in Data Transmission Bill, aims to significantly improve internet connectivity in the Philippines. Its primary goals are to:

Enhance market accessibility: Promote fair competition and dismantle barriers to entry in the data transmission sector.
Upgrade infrastructure: Invest in physical and digital infrastructure to improve internet speed and reliability.
Provide affordable internet access: Make high-speed internet accessible to all Filipinos, especially those in underserved areas.
Enable digital participation: Empower individuals and businesses to fully participate in the digital economy.

Key provisions of the bill include:

Independent regulatory body: Create a dedicated regulatory body to oversee the digital infrastructure sector.
Infrastructure sharing: Encourage infrastructure sharing among internet service providers to reduce costs and expand coverage.
Simplified licensing: Streamline the process for obtaining permits and licenses for internet network and service providers.
Spectrum allocation: Allocate radio spectrum for wireless internet to more providers, especially in rural areas.

By implementing these measures, the Konektadong Pinoy Bill seeks to accelerate digital transformation in the Philippines and bridge the digital divide.

The National Economic and Development Authority (NEDA) is pushing for the passage of the ‘Konektadong Pinoy Bill’ to strengthen the country’s internet infrastructure and enhance digital connectivity.

NEDA Secretary Arsenio M. Balisacan emphasized that access to reliable internet services is a fundamental prerequisite for a more connected Philippines to advance inclusive socioeconomic growth and development.

Meanwhile, NEDA Undersecretary Krystal Lyn T. Uy also highlighted that affordable and reliable high-speed internet is not just a ‘luxury’ but a lifeline to progress among Filipino households, enabling breadwinners to work remotely while caring for their loved ones, empowering farmers in remote communities to access broader markets, facilitating growth of online businesses and entrepreneurs, and opening avenues for upskilling and career advancement.

‘Sana All May Internet Act’

The “Sana All May Internet Act” is another internet law that is gaining traction, and is actually close to being approved.

This act aims to make internet access more affordable and widely available in the Philippines.

The core of the bill is to:

Remove taxes on Wi-Fi frequencies: Eliminate the Spectrum User Fee (SUF) imposed on telecommunications companies for using Wi-Fi frequencies.
Mandate zero SUF policy: Require the Department of Information and Communications Technology (DICT) and the National Telecommunications Commission (NTC) to implement a policy of zero SUF for Wi-Fi and wireless data networks.

By reducing the financial burden on telecommunications companies, the bill aims to encourage increased investment in internet infrastructure and services, ultimately leading to lower internet costs for consumers.

Under the act, the Department of Information and Communications Technology (DICT) and the National Telecommunications Commission (NTC) shall be mandated to efficiently implement the Zero SUF policy and regulation by refraining from imposing any levy, charge, or fee on telecommunications companies for utilizing Wi-Fi or wireless data networks.