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THE MAGNA CARTA FOR
PHILIPPINE INTERNET
FREEDOM
The Magna Carta for Philippine Internet
Freedom (MCPIF) was filed as House Bill No.
1086 by Congresswoman Kimi Cojuangco and
as Senate Bill No.53 by the senator Miriam
Defensor Santiago. It must be noted that it is
a crowd sourced document, drawing much
from the inputs of Internet users who actively
participated in the lobby againts the repeal of
Cybercrime Prevention Act of 2012, otherwise
known as Republic Act 10175.
Guide to some of the key elements of the
bill:
Free Expression
Universal Access
Innovation
Right to Privacy
Intellectual Property
Guide to some of the key elements of the
bill:
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,
especially addressing mirrored and archived content.
Section 53: explicit on how it puts limits to speech and
citing how it can be inimical to public interest.
UNIVERSAL ACCESS
Section 5 ( b ): allows for the suspension of an
individual’s Internet access if she/he has been
conviction of a crime.
Section 5 ( e ): prevents persons or entities
offering Internet access for free or for a fee
from restricting access to the Internet or
limiting content that may be accessed by
guests, employees, or others.
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”
Section 7 ( b ): with certain expectations
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, otherwise restricted, without due
process of law or authority vested by law”.
Innovators are also protected from liability
for the actions of users.
RIGHT TO PRIVACY
Section 8 : provides for state promotion of the privacy of the 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
networks rights, while section 8 ( e ) requires the state to maintain “
appropriate level of privacy of the data and the networks maintained by it”.
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.
Section 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.
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 provider,
telecommunications entity, or such person providing internet or
data services”
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 copy left
content” as defined in section 38 as infringement.
OTHER AREAS
Section 13 : promotes the use of the internet and all
forms of information and communications
technology for governance, particularly in
promoting transparency and freedom of
information.
Section 13 ( a ) : singularly cites the provisions of the
Data Privacy Act of 2012 ( RA 10173 ) and applicable
laws on government information classification,
that should provide for and maintain a system that
shall allow the public to view and download public
information on plans, policies, programs,
documents, and records of government.
Prepared by:
MILENIA II C. DE JESUS
GAS A