On Good Friday, 15 April 2022, the Malacañan Palace announced the good news (for privacy advocates in the country, at least): President Rodrigo Roa Duterte exercised his veto power on the proposed SIM Card Registration Act.
The President noted that the inclusion of social media providers in the registration requirement was not part of the original version of the bill and this is something that needs a more thorough study, according to Presidential Spokesman Martin Andanar in a statement.
“The President similarly found that certain aspects of state intrusion, or the regulation thereof, have not been duly defined, discussed, or threshed out in the enrolled bill, with regard to social media registration,” added by Sec. Andanar.
Personally, I don’t mind having a SIM Card Registration Law. As I always say, we already have had it for quite some time now — in the form of the Know Your Customer (KYC) being done by mobile wallet companies like GCash and PayMaya, among many fintech companies, plus all who hold a postpaid mobile plan have their personal information collected by the telecom operators.
What most privacy groups both here and abroad primarily contest is the inclusion of Social Media Registration in the proposed legislation, wherein violators (who will be found using fictitious identities) will face the penalty of imprisonment of no less than six (06) years, or a fine of up to PHP200,000, or both.
“Such a move will not only limit the anonymity that is essential online (for example, for whistle-blowing and protection from stalkers) but also reduce the privacy and security they can expect from private companies,” according to Udbhav Tiwari, Senior Manager for Global Public Policy at Mozilla commenting on the proposed law.
Senate Minority Franklin Drilon, who was identified in various media reports as the one responsible for the “inserted” social media registration provision in the SIM Card Registration Bill, said that this move by the palace is a “big win for trolls.”
Sen. Gatchalian Vows to Refile SIM Card Registration Bill
Senator Win Gatchalian, the author of Senate Bill (SB) 176 — an Act Requiring The Registration Of All Users of Pre-Paid Subscriber Identity Module (SIM) Cards — underscored the need to separate the legislation on social media after a more thorough and comprehensive discussion.
The senator vowed to pursue the proposed bill seeking to register all SIM cards being used in the country as a means to combat fraudulent digital activities.
“Dapat maintindihan ng mga kababayan natin ang proseso ng paggawa ng batas. Ang may kapangyarihan na gumawa ng batas ay ang lehislatura pero hindi magiging batas ang isang panukala kung walang pirma ng presidente at ang ehekutibo rin ang magpapatupad ng batas,” Gatchalian said reacting on the President’s veto of the bill.
(Our countrymen must understand the law-making process. The legislature has the power to make laws but a bill will not become law without the signature of the President, since it is the executive who will also enforce the law.)
Sen. Gatchalian pointed out that criminals have been abusing the anonymity to carry out their nefarious activities and this reduces the confidence of the public in using their mobile phones in doing online or digital transactions for fear of falling victim to fraudsters.