Legal basis and policy objective
- The circular is issued pursuant to Republic Act No. 9775, Republic Act No. 7925, and Executive Order (EO) No. 546 series of 1979.
- The circular is anchored on Section 9 of Republic Act No. 9775, which requires rules and regulations that include the installation of filtering software to block access to or transmission of any form of child pornography.
- The circular is guided by Memorandum Circular No. 02-05-2008 (MC 02-05-2008) (Value Added Services), which requires the registration of internet service providers (ISPs).
- The circular’s purpose is to protect children from child pornography through ISP compliance measures.
Core obligation: blocking/filtering child pornography
- All Internet Service Providers (ISPs) must install available technology, program, or software that blocks access or filters all websites carrying child pornography materials.
- ISPs must comply within one hundred twenty (120) days from the submission of the list of carrier grade technology, program, or software solutions by the ISPs to the Inter-Agency Council Against Child Pornography (IACACP).
- The blocking/filtering requirement applies to access to “websites carrying child pornography materials” made by subscribers through the ISP’s service.
Carrier-grade solutions and IACACP evaluation
- Each ISP must submit to the IACACP a list of at least three (3) carrier grade technology, program or software solutions for evaluation.
- If the IACACP does not object within five (5) days from the submission of the list by the ISPs, the ISP must acquire any of the carrier grade technology, program or software solutions from the supplier/s included in the list submitted.
NTC-provided identified websites; immediate compliance
- The NTC must furnish ISPs the list of identified pornographic websites provided by the IACACP for immediate blocking of access or filtering.
- ISPs must implement immediate blocking or filtering based on the NTC-furnished list.
- ISPs are free from any liability arising from compliance with an NTC order for immediate blocking of access or filtering of such websites.
Monthly reporting of blocked attempts
- ISPs must submit to the IACACP within 5 days from the end of each month a list of all websites carrying child pornography materials that were blocked.
- The monthly list must include websites carrying child pornography materials that subscribers of the respective ISP attempted to access but were blocked by the installed carrier grade technology, program, or software.
Law-enforcement notification duty (PNP/NBI)
- 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.
Data preservation and limits on monitoring
- ISPs must preserve customer data records, specifically the time, origin and destination of access, for purposes of investigation and prosecution by relevant authorities.
- The circular expressly provides that nothing requires an ISP to engage in monitoring any user, subscriber, or customer, or the content of any communication of any such person.
Penalties, repeal of inconsistent issuances, and effect
- Violation of any provision of the circular constitutes a ground for the 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.