Legal basis and governance framework
- R.A. 7925 is invoked as legal basis for issuing the rules under the Commission’s regulatory authority.
- E.O. 546 (series of 1979) is invoked as part of the legal framework authorizing regulation in the telecommunications field.
- The circular directs compliance by telecommunication entities and content providers in connection with broadcast messaging services.
Policy, purpose, and consumer protection
- The circular is promulgated to address consumer complaints.
- The circular is promulgated for consumer welfare and protection in connection with broadcast messaging services.
Coverage and covered messaging
- The circular applies to all Public Telecom Entities (PTEs) and content providers operating within the Republic of the Philippines.
- The circular covers commercial and promotional advertisements sent via Broadcast/Push messaging service.
- The circular covers surveys sent via Broadcast/Push messaging service.
- The circular excludes emergency, distress, public service information messages, network advisories, and consumer welfare and protection related advisories.
Core definitions used
- Broadcast Messaging Service allows one to send the same SMS/MMS messages to a large number of mobile phones.
- Commission refers to the National Telecommunications Commission.
- Commercial Advertisements are advertisements for soliciting business and to generate revenue.
- Content Provider is an organization that creates and maintains databases containing information from an information provider.
- MMS (Multimedia Messaging Service) allows sending and receiving messages containing images, videos, audio, and text.
- Opt-in means the subscriber has requested to be included on a specific list to receive direct marketing through SMS or MMS.
- Opt-out is unsubscribing from future unsolicited commercial and promotional advertisements, surveys, and other Broadcast/Push messages.
- Promotional Advertisements are advertisements designed to increase visibility or sale of a merchandise or product.
- Public Telecom Entities (PTEs) are any person, firm, partnership, or corporation, whether government or private, engaged in the provision of telecom services to the public for compensation.
- Push Messages are information transmitted to a mobile phone either subscribed or unsolicited, without a user request, and initiated by the server of the content provider.
- SMS (Short Messaging Service) is a text-format service for sending messages to mobile phones that use Global System for Mobile Communications.
- Spam Messages are unsolicited and unwanted commercial and promotional advertisements and surveys.
Substantive rules on push messaging conduct
- Commercial and promotional advertisements, surveys, and other Broadcast/Push messages must be sent only to subscribers who have prior consent or have specifically opted-in.
- PTEs and content providers must provide methods for subscribers who have opted-in to opt-out at some later date.
- Broadcast/Push messaging must not be sent between 9:00 PM and 7:00 AM, except for paid subscription services.
- Recipients must not be charged for received SMS and/or MMS messages unless the subscriber/recipient opted-in.
- Subscribers/recipients who do not reply to Broadcast/Push messages must be considered to have opted out, and broadcast must be stopped or recipients may opt-out without being charged.
- All broadcast messages must display the name of the PTE.
- For content-provider initiated messages, content providers must indicate their company names.
- PTEs and content providers must include valid addresses or numbers to which recipients can send requests to cease broadcast messages.
- PTEs and content providers must provide command/message options to opt-out.
Spam complaints and complaint handling duties
- Complainants may file or phone in complaints with the concerned PTE.
- The concerned PTE must act on all complaints received in whatever form and manner within thirty (30) days from receipt.
- If a complainant is not satisfied with the PTE’s action, the complainant may bring the matter to the Commission.
Sanctions and enforcement
- Non-compliance and/or violation of any provision of the circular, and/or other laws, rules, and regulations of the Commission, subjects the violator/respondent to appropriate administrative and penal sanctions, in accordance with law.
Repeal and inconsistency rule
- The circular supersedes any and all existing Orders, Circulars, Memoranda, or any part thereof that are inconsistent with it.