PHILIPPINES
Since 2007
Pillar Domestic data policies |
Indicator Minimum period for data retention
National Telecommunications Commission (NTC) Memorandum Circular No. 04-06-2007 - Data log retention of telecommunication traffic
The National Telecommunications Commission (NTC) regulations require telecommunications entities to retain call traffic data on the origin, destination, date, time and duration of communications and to retain data within the following periods: two months for non-metered services with fixed monthly charges; four months for other telecommunications services; or until excused by the NTC for records requested in connection with pending complaints.
Coverage Telecommunications sector
PHILIPPINES
Since August 2012, entry into force in September 2012
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Privacy Act of 2012 (Republic Act No. 10173)
RA 10173 requires that “any natural or juridical person or other body involved in the processing of personal data [to] designate an individual or individuals who shall function as data protection officers.” This requirement can impose additional trade costs on firms since data privacy compliance is a horizontally-applied measure.
Coverage Horizontal
PHILIPPINES
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Limited safe harbour for intermediaries for copyright infringement
A basic legal framework on intermediary liability for copyright infringement is absent in Philippine law and jurisprudence. Arguably, safe harbour clauses are present in the Electronic Commerce Act of 2000 (RA 8792) and the Cybercrime Prevention Act of 2012 (RA 10175). However, the definition of an intermediary in these laws limits its capacity to provide a safe harbour. Particularly, RA 8792’s scope is limited to electronic documents, while RA 10175 is limited to cybercrimes defined under the law. This makes safe harbours in Philippine law sectoral or content-specific.
Coverage Intermediaries
Sources
PHILIPPINES
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Limited safe harbour for intermediaries for any activity other than copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Philippine law and jurisprudence. Arguably, safe harbour clauses are present in the Electronic Commerce Act of 2000 (RA 8792) and the Cybercrime Prevention Act of 2012 (RA 10175). However, the definition of an intermediary in these laws limits its capacity to provide a safe harbour. Particularly, RA 8792’s scope is limited to electronic documents, while RA 10175 is limited to cybercrimes defined under the law. This makes safe harbours in Philippine law sectoral or content-specific.
Coverage Intermediaries
Sources
PHILIPPINES
Since July 2022
Pillar Intermediary liability |
Indicator User identity requirement
Subscriber Identity Module (SIM) Card Registration Act
According to Art. 5 of the Subscriber Identity Module (SIM) Card Registration Act, the Philippines imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
PHILIPPINES
Reported in 2022, last reported in 2025
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Reported blocking of online content
Section 46.m of the Anti-Terrorism Act of 2020 (Republic Act No. 11479) provides that the Anti-Terrorism Council (ATC) may require government agencies, offices and entities, together with their officers and employees, as well as non-governmental organisations, private entities and individuals, to render assistance in the discharge of its mandate. Pursuant to this provision, the National Security Adviser, who under Section 45 of the Act serves as Vice-Chairperson of the ATC, requested in June 2022 that the National Telecommunications Commission (NTC) block 26 websites. In response, the NTC issued a memorandum directing internet service providers to restrict access to websites alleged to have links to “communist terrorist groups”. The affected websites included Philippine news outlets Bulatlat and Pinoy Weekly, United States based publications CounterPunch and Monthly Review, and several sites affiliated with the Communist Party of the Philippines. In November 2025, however, a court declared the NTC memorandum void on the basis that the Commission lacked legal authority to issue it, observing that to interpret Section 46.m as empowering the ATC to compel such measures would unduly expand the scope of the law and sanction acts beyond the statutory limits of administrative competence, with the result that access to all the affected websites was restored.
Coverage Websites
Sources
- https://web.archive.org/web/20260513210013/https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/92597
- https://web.archive.org/web/20250720104428/https://www.pna.gov.ph/articles/1177276
- https://web.archive.org/web/20260513193721/https://freedomhouse.org/country/philippines/freedom-net/2024
- https://web.archive.org/web/20260513193816/https://www.abs-cbn.com/news/nation/2025/11/26/court-rules-ntc-blocking-of-bulatlat-other-sites-violates-free-speech-1936
- Show more...
PHILIPPINES
Reported in 2026
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Philippines for the year 2025. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Internet access
PHILIPPINES
Since March 1995
Since February 1987
Since February 1987
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Republic Act No. 7925 - Public Telecommunications Policy Act of the Philippines
The Constitution of the Republic of the Philippines
The Constitution of the Republic of the Philippines
According to Section 16 of the Public Telecommunications Policy Act of the Philippines, no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise. The National Telecommunications Commission, in granting a Certificate of Public Convenience and Necessity (CPCN), may impose such conditions as to duration and termination of the privilege, concession, or standard or technical aspects of the equipment, rates, or service, not contrary to the terms of the franchise.
As established in Article XII of the Philippine Constitution, franchises may only be granted to citizens of the Philippines or to corporations or associations organised under Philippine laws, and they may only be granted by Congress.
In addition to the requirements mentioned above, according to the National Telecommunications Commission, a radio operator is also subject to file 15 other documents, including an Issuance of Renewal/Modification/Duplicate of Radio Stations in the Fixed and Land Mobile Public Radio Communication Network (CP) an On-line Importation Process (For Customer Premises equipment with WDN/RFID Module) thru the National Single Window (NSW) System.
As established in Article XII of the Philippine Constitution, franchises may only be granted to citizens of the Philippines or to corporations or associations organised under Philippine laws, and they may only be granted by Congress.
In addition to the requirements mentioned above, according to the National Telecommunications Commission, a radio operator is also subject to file 15 other documents, including an Issuance of Renewal/Modification/Duplicate of Radio Stations in the Fixed and Land Mobile Public Radio Communication Network (CP) an On-line Importation Process (For Customer Premises equipment with WDN/RFID Module) thru the National Single Window (NSW) System.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220217135442/https://boi.gov.ph/sdm_downloads/ra-7925-public-telecommunications-policy-act-of-the-philippines/
- https://web.archive.org/web/20230724030531/https://www.officialgazette.gov.ph/constitutions/1987-constitution/
- https://web.archive.org/web/20220316070444/https://ncr.ntc.gov.ph/?page_id=1614
- https://web.archive.org/web/20230930224452/https://policy.communitynetworks.group/country-profiles/philippines#operator_licensing
- Show more...
PHILIPPINES
Since September 2021
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
DICT Circular No. 02 s 2021
DICT Circular No. 02 s 2021 provides for the licensing and regulation of satellite systems providers and operators (SSPOs) for internet services. Under Sections 7 and 8, SSPOs desiring to provide satellite services by directly engaging with ISPs, value-added service providers, enfranchised telecommunications entities or public telecommunications entities, and broadcast service providers (authorised entities) shall have an adequate digital presence in the Philippines, such as having a readily accessing website with sufficient content and information; have an adequate local presence by setting up a branch or representative office, having an institutional agent or official distributor, or a combination of such modes; have the capacity, coverage and satellite footprint in the Philippines for the purposes of providing adequate satellite services to covered areas; be accredited by the Department of Information and Communications Technology; and be a national of a country that does not prohibit Philippine satellites to operate within its territories and does not prohibit its citizens or subjects to access Philippine satellite systems.
Coverage Satellite systems providers and operators
PHILIPPINES
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
The Philippines has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
PHILIPPINES
Reported in 2017, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
The Philippines has a telecommunications regulatory authority, the National Telecommunications Commission (NTC). It is reported that the Commission’s decision-making processes are not fully independent of the government. While a degree of autonomy is exercised in certain decisions, independence is not consistently observed across all functions. The NTC operates as an attached agency of the Department of Information and Communications Technology (DICT), which forms part of the executive branch.
Coverage Telecommunications sector
PHILIPPINES
Since June 1997
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Republic Act No. 8293, prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes
According to Section 33 of the Republic Act No. 8293, an applicant who is not a resident of the Philippines must appoint and maintain a resident agent or representative in the Philippines upon whom notice or process for judicial or administrative procedure relating to the application for patent or the patent may be served.
Coverage Horizontal
PHILIPPINES
Since May 2001, entry into force in August 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
The Philippines is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
PHILIPPINES
Since June 1997
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Republic Act No. 8293, prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes
The Philippines has a clear regime of copyright exceptions that follows fair use, which enables the lawful use of copyrighted work by others without obtaining permission (Republic Act No. 8293). Sections 184-190 list the exceptions, which include the recitation or performance of a work once it has been lawfully made accessible to the public if done privately and free of charge or if made strictly for a charitable or religious institution or society; the making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries; the reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature; among others.
Coverage Horizontal
PHILIPPINES
Reported in 2022, last reported in 2026
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported online piracy and weak digital protection
It is reported that online piracy is high in the Philippines, with measures for digital protection remaining largely unaddressed.
Coverage Horizontal
