Magna Carta For Philippine Internet Freedom

Wesleyan University-Philippines
“Building People, Transforming Lives”
Magna Carta for

Philippine Internet
Freedom
Ryan Anthon M. Sarmiento - Instructor

THE 1987 CONSTITUTION
THE CONSTITUTION OF THE REPUBLIC OF

THE PHILIPPINES
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order
to build a just and humane society and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity the blessings
of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.
2
Free Expression
Section 4 of the bill pertains to freedom of expression,

“[protecting] and [promoting] freedom of speech and
expression on the Internet” and protecting the right of the
people to petition the government via the Internet for
“redress of grievances.” The right of citizens to publish to
the Internet without the requirement of a license is also
specifically addressed.
3
Free Expression
Section 4(c) limits State use of prior restraint or subsequent

punishment in relation to Internet-related rights only upon a
judicial order conforming with provisions laid out in
Section 5, and only under certain circumstances. Section
4(d) protects persons from being forced to remove content
beyond their means or control, specifically addressing
mirrored and archived content.
4
Free Expression
Although free expression is protected, Section 52 places limits on
certain types of speech “inimical to the public interest”:
Internet libel: defined as “public and malicious expression tending to

cause the dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead, made on the
Internet or on public networks”;
5
Free Expression
Hate speech: defined as “public and malicious expression calling for the
commission of illegal acts on an entire class of persons, a reasonably
broad section thereof, or a person belonging to such a class, based on
gender, sexual orientation, religious belief or affiliation, political belief
or affiliation, ethnic or regional affiliation, citizenship, or nationality,
made on the Internet or on public networks” and;
Child pornography.
6
Free Expression
Atypically, the definition of Internet hate speech is incredibly limited,
with the Act stating that it shall not lie if the expression “does not call
for the commission of illegal acts on the person or class of persons that,
when they are done, shall cause actual criminal harm to the person or
class of persons, under existing law” and if it “does not call for the
commission of illegal acts posing an immediate lawless danger to the
public or to the person who is the object of the expression.”
7
Universal access
While Section 5 explicitly promotes universal access to the Internet,
Section 5(b) allows for the suspension of an individual’s Internet access
as an accessory to other penalties upon conviction of certain crimes,
with certain checks and balances.
8
Universal access
Remarkably, Section 5(e) prevents persons or entities offering Internet
access for free or for a fee (including hotels, schools, and religious
groups) from restricting access to the Internet or limiting content that
may be accessed by guests, employees or others “without a reasonable
ground related to the protection of the person or entity from actual or
legal threats, the privacy of others who may be accessing the network,
or the privacy and security of the network as provided for in the Data
Privacy Act of 2012 (RA 10173) or this Act.”
9
Innovation
Section 7 addresses the right to innovation, allowing for State protection
and promotion of innovation, and prohibiting persons from restricting
or denying “the right to develop new information and communications
technologies, without due process of law...”
10
Innovation
With certain exceptions provided for in the Intellectual Property Code,
Section 7(b) states that “no person shall be denied access to new
information and communications technologies, nor shall any new
information and communications technologies be blocked, censored,
suppressed, or otherwise restricted, without due process of law or
authority vested by law.” Innovators are also protected from liability
for the actions of users.
11
Innovation
With certain exceptions provided for in the Intellectual Property Code,
Section 7(b) states that “no person shall be denied access to new
information and communications technologies, nor shall any new
information and communications technologies be blocked, censored,
suppressed, or otherwise restricted, without due process of law or
authority vested by law.” Innovators are also protected from liability
for the actions of users.
12
Right to Privacy
Section 8 provides for State promotion of the protection of the privacy of data,
with Section 8(b) providing the right of users to employ encryption or
cryptography “protect the privacy of the data or networks which such person
owns or otherwise possesses real rights over.”
Section 8(d) guarantees a person’s right of privacy over his or her data or
network rights, while 8(e) requires the State to maintain “appropriate level of
privacy of the data and of the networks maintained by it.”
13
Right to Privacy
Section 9 refers to the protection of the security of data and 9(b) guarantees the
right of persons to employ means “whether physical, electronic or behavioral”
to protect the security of his or her data or networks.
Sections 9(c) and (d) refer to the rights of third parties over private data,
requiring a court order issued in accordance with Section 5 of the Act to grant
access, and preventing third parties from being given property rights to the data
accessed.
14
Intellectual property
Section 10 protects intellectual property online in accordance with the existing
Intellectual Property Code of the Philippines (RA 8293). 10(c) prevents Internet
service providers and telecommunications entities from gaining intellectual
property rights over derivative content that is the result of “creation, invention,
innovation, or modification by a person using the service provided by the
Internet service provider, telecommunications entity, or such person providing
Internet or data services.”
15
Intellectual property
Section 39 addresses fair use, declaring that “the viewing, use, editing,
decompiling, or modification, of downloaded or otherwise offline content on
any computer, device, or equipment shall be considered fair use” with certain
provisions.
Section 48 deals with intellectual property infringement, with 48(a)(ii) notably

defining the “non-attribution or plagiarism of copyleft content” as defined in
section 38 as infringement.
16
Other Areas
In addition to the sections detailed above, the Act covers a range of other issue
areas, including hacking, cyber crime, and human trafficking. The Act also
creates an Office of Cybercrime within the Department of Justice to be
designated as the central authority in enforcement of the Act. Notably, special
courts in which judges are required to have specific expertise in computer
science or IT are also designated to hear and resolve all cases brought under the
Act.
Overall, the crowdsourced Act is a success story and we support our allies in the
Phillippines as they work to push it forward in the Senate.
17

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Wesleyan University-Philippines

“Building People, Transforming Lives”

Magna Carta for

Ryan Anthon M. Sarmiento - Instructor

THE 1987 CONSTITUTION

THE CONSTITUTION OF THE REPUBLIC OF

Section 4 of the bill pertains to freedom of expression,

Section 4(c) limits State use of prior restraint or subsequent

Internet libel: defined as “public and malicious expression tending to

Section 48 deals with intellectual property infringement, with 48(a)(ii) notably

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