NextGen Day

MANILA, Philippines — President Rodrigo Roa Duterte’s decision to veto the proposed Subscriber Identity Module (SIM) Card Registration Act was questioned by the chairman of the House committee on information and communications technology on Monday.

Rep. Victor Yap of Tarlac, the main author, and sponsor of the measure, sought clarity from the White House on which elements in the enrolled bill infringe on individuals’ freedom of speech and right to privacy.

“Freedom of expression is not an inalienable right. The government has the authority – and perhaps the responsibility – to control it for the benefit of its citizens. “There is nothing in the bill that limits free speech or intrudes on an individual’s privacy,” Yap explained.

He argued that the enrolled bill does not infringe on the constitutionally protected rights to Freedom of Speech and Privacy because it merely seeks to establish accountability of individuals in the digital and online space and that it is “no different from the same standard of accountability for any person’s action offline or in real life.”

“What the bill demands is the registration of a SIM Card number in a person’s social media account, and anyone may still exercise their right to free speech within the confines of our existing laws,” Yap explained.

The section requiring the mandatory registration of social media accounts prompted Duterte to veto the bill, according to acting presidential spokesperson Martin Andanar.

While Duterte praised Congress’ efforts to address the rising incidence of cybercrime and offenses involving information and communications technology (ICT), Andanar said he was “forced to disagree with the inclusion of social media in the measure, without providing proper guidelines and definitions.”

He voiced concern that the contested provision “may give rise to a situation of dangerous state interference and surveillance, endangering several constitutionally protected rights,” according to the President.

“It is the President’s responsibility to ensure that any statute is consistent with the Constitution’s obligations, such as those that protect individual privacy and free speech,” Andanar added.

Deputy Speaker Wes Gatchalian, despite being the bill’s primary author, agreed with Duterte’s objections, citing the bill’s inclusion of some clauses, which he said should be researched further and filed as a separate measure.

“Unfortunately, Senator (Franklin) Drilon’s last-minute addition to including the registration of social media providers is completely incompatible with the spirit of this law. “In such a vast context, there is nothing in the bill that specifies clear criteria and how to register,” Gatchalian added.

The bicameral conference committee report on contrasting provisions of the proposed SIM Card Registration Act was ratified by the Senate and the House of Representatives in February.

As a condition of selling and activating SIM cards, Public Telecommunications Entities (PTEs) must require the registration of SIM cards for collection in a centralized database.

“All social media account providers shall need (the) true name and phone number (of a user) upon establishment of an account,” the bill adds.

It punishes those who create social media accounts under false identities with a fine of PHP200,000 and up to six years in prison, or both.

End-users will be required to produce a valid identity with a photo, as well as a completed control-numbered registration form given by the respective PTE, to direct dealers.

If a person wants to buy a SIM card but is unable to do so for a justifiable cause, they can allow another person to do so if they have a Special Power of Attorney and the principal buyer and representative are properly identified.

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