QuestionsQuestions (NTC MEMORANDUM CIRCULAR NO. 01-01-2014)
The circular is issued pursuant to RA 9775 (Anti-Child Pornography Act of 2009), along with RA 7925 (Public Telecom Policy Act of 1995) and EO No. 546 s. 1979. The specific provision is Section 9 of RA 9775, which requires the NTC to promulgate rules including installation of filtering software to block access to/transmission of child pornography.
All Internet Service Providers (ISPs) are covered and are required to implement the blocking/filtering guidelines under the circular.
ISPs must install available technology/program/software that will block access or filter all websites carrying child pornography materials. The deadline is within 120 days from submission of the required list of carrier-grade solutions by ISPs to the IACACP.
ISPs must submit to the IACACP a list of at least three (3) carrier grade technology/program/software solutions. If IACACP does not object within five (5) days from submission, the ISP may acquire any of the listed solutions from suppliers included.
The NTC furnishes ISPs with the list of identified pornographic websites provided by the IACACP for immediate blocking of access or filtering.
ISPs are “free from any liability” arising from compliance with an NTC order for immediate blocking/filtering of websites identified by the IACACP.
Within five (5) days from the end of each month, the ISP must submit to the IACACP a list of all websites carrying child pornography materials that were blocked. The list should include websites attempted to be accessed by subscribers that were blocked by the installed technology.
ISPs must notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed using its services or facility.
ISPs must preserve customer data records—specifically the time, origin, and destination of access—for purposes of investigation and prosecution by relevant authorities.
No. The circular expressly states that nothing in the section shall be construed to require an ISP to engage in monitoring any user/subscriber/customer or the content of any communication.
Violation is a ground for imposition of fines and other appropriate penalties in accordance with law.
Any circular, order, memoranda, or parts thereof inconsistent with the circular are deemed repealed or amended accordingly.
It takes effect fifteen (15) days after publication in a newspaper of general circulation and submission of three (3) certified true copies furnished to the University of the Philippines (UP) Law Center.
ISPs submit a list of at least three (3) solutions to IACACP for evaluation. If IACACP does not object within five (5) days from submission, the ISP may acquire any of the listed solutions from the suppliers included.
First, ISPs procure carrier-grade filtering technology based on IACACP evaluation. Next, NTC furnishes identified pornographic website lists for immediate blocking/filtering. Finally, ISPs submit monthly reports listing websites carrying child pornography materials that were blocked based on subscriber access attempts.