Law Summary
Key Definitions
- Broadcast Messaging Service: Sending identical SMS/MMS messages to numerous mobile phones.
- Commission: Refers to the National Telecommunications Commission (NTC).
- Commercial Advertisements: Messages aimed at soliciting business and generating revenue.
- Content Provider: Organization maintaining databases with information from providers.
- Multimedia Messaging Service (MMS): Transmission of messages containing images, videos, audio, and text.
- Opt-in: Subscriber’s prior consent to receive direct marketing messages.
- Opt-out: Subscriber’s revocation of consent to stop receiving unsolicited commercial messages.
- Promotional Advertisements: Messages intended to boost visibility or sales of products.
- Public Telecom Entities (PTEs): Entities providing telecom services to the public for compensation.
- Push Messages: Server-initiated messages sent without a user request, either subscribed or unsolicited.
- Short Messaging Service (SMS): Text messaging service on GSM networks.
- Spam Messages: Unsolicited and unwanted commercial/promotional messages.
General Rules on Broadcast/Push Messaging
- Commercial/promotional and survey messages must only be sent to subscribers who have opted-in.
- PTEs and content providers must offer mechanisms allowing subscribers to opt-out anytime.
- Broadcast/Push messages must not be sent between 9:00 PM and 7:00 AM unless part of paid subscriptions.
- Subscribers are not charged for received broadcast messages unless they opted-in.
- Non-response to broadcast messages is treated as an opt-out; broadcasts must cease accordingly.
- All broadcast messages must identify the PTE or content provider clearly with their company name.
- Contact information and opt-out commands must be provided in all messages.
Complaint Handling Procedures
- Complaints regarding spam or unsolicited messages may be filed with the concerned PTE.
- PTEs are mandated to respond and act on complaints within thirty (30) days from receipt.
- If unsatisfied with the PTE’s action, complainants may elevate the issue to the National Telecommunications Commission.
Sanctions and Penalties
- Violations or non-compliance with this circular and other related laws may result in administrative and/or penal sanctions.
- Sanctions are imposed in accordance with applicable laws and NTC rules.
Repealing Clause
- This circular supersedes any inconsistent existing Orders, Circulars, or Memoranda related to broadcast messaging service.
Effectivity
- The rules take effect fifteen (15) days after publication in a newspaper of general circulation.
- Three (3) certified copies must be furnished to the UP Law Center for official records.