Free Access to Government Websites Act

n....: JUL - 3 P6:16 First Regular Session SENATE S. No. 135 Introduced by Senator Manuel "Lito" M. Lapid AN ACT REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENTITIES GRANTED WITH CONGRESSIONAL FRANCHISES TO PROVIDE THEIR SUBSCRIBERS WITH FREE ACCESS TO GOVERNMENT WEBSITES EXPLANATORY NOTE With technology rapidly transforming our social landscape, it has become imperative for the government to embrace and harness these advancements to deliver more efficient, secure, and equitable public services. As provided in Article II, Section 9 of the 1987 Constitution, it is the policy of the State to "promote a just and dynamic social order that will ensure the prosperity and independence of the nation, and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all." A Philippine study conducted in 2014 highlighted a clear "digital divide" in the country: 66% of middle- to upper-class individuals were Internet users, compared to just 35% among the poor, and only 18% among the very poor. These figures underscore a stark disparity in access to digital tools and opportunities. By encouraging the participation of the private sector in bridging government services and the general public, this measure seeks to narrow the technology-driven economic and social gap that continues to hinder national progress.

Through this proposal, the State aims to both symbolically and practically connect the government with the Filipino people. Government websites containing vital information and public documents will become more accessible, thus making the right to information genuinely meaningful. Furthermore, services such as online scheduling for passport applications and National Bureau of Investigation (NBI) clearances will be readily available literally at the fingertips of every Filipino. In view of the foregoing, the passage of this bill is earnestly sought. Senator

TWENTIETH CONGRESS OF THE ) JUL -3 P6:16 REPUBLIC OF THE PHILIPPINES ) First Regular Session RiC! SENATE S. No. 135 Introduced by Senator Manuel "Lito" M. Lapid AN ACT REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENTITIES GRANTED WITH CONGRESSIONAL FRANCHISES TO PROVIDE THEIR SUBSCRIBERS WITH FREE ACCESS TO GOVERNMENT WEBSITES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

SECTION 1. Short Title. - This Act shall be known as the "Free Access to

Government Websites Act."

SECTION 2. Definition of Terms. - For purposes of this Act, the following

terms shall mean: (a) Government website - all official websites, online platforms, mobile applications, and digital portals maintained and operated by the National Government, its departments, bureaus, offices, agencies, and instrumentalities, including government-owned and controlled corporations (GOCCS), local government units (LGUs), and other entities performing public functions, with the main purpose of communicating and providing information, departmental issuances, mandates and other vital information for the operation of the government and the general public; (b) Free access - zero-rated data usage where users shall not incur any data charges when accessing the specified government websites and platforms through mobile or broadband internet services;

(c) Public telecommunications entity - any person, firm, partnership or corporation, government or private, engaged in the provision of telecommunications services to the public for compensation; (d) Subscriber - any person who uses, enjoys and pays for the services of public telecommunications entities; (e) Telecommunications - any process which enables a telecommunications entity to relay and receive voice, data, electronic messages, written or printed matter, fixed or moving pictures, words, music or visible or audible signals or any control signals of any design and for any purpose by wire, radio or other electromagnetic, spectral, optical or technological means.

SECTION 3. Free Access to Government Websites. - All franchise holders or

owners of public telecommunications entities are required to provide free access without redirection, forced login, or embedded third-party advertisements, to all government websites, which shall include, but not be limited to, the official websites and online platforms of the following: (a) Legislative, Judicial, and Executive branches of the government, including bills and resolutions, recent cases and rulings, and public information and emergency services; (b) The Department of Education (DepEd), Commission on Higher Education (CHED), and state universities and colleges (SUCs), including online learning management systems and digital learning portals; (c) The Department of Health (DOH), PhilHealth, and other public health- related platforms providing health information, public service announcements, and medical assistance; (d) The Department of Labor and Employment (DOLE), Social Security System (SSS), Government Service Insurance System (GSIS), and other agencies that provide employment assistance, social welfare, and benefits to citizens; The DICT, in coordination with the National Telecommunications Commission (NTC), shall ensure that these platforms are prioritized and remain fully accessible,

particularly during periods of public health emergencies, natural disasters, or other events that affect normal access to education and healthcare. The DICT shall also maintain and regularly update an official list of such websites and platforms to ensure consistency and uniformity in implementation.

SECTION 4. Monitoring and Evaluation. - To ensure effective implementation

of this Act, the DICT, in coordination with the NTC, shall: (a) Establish a compliance monitoring system to regularly assess the performance of public telecommunications entities (PTEs) in providing free, reliable, and uninterrupted access to government websites as mandated; and (b) Require PTEs to submit periodic compliance reports on the performance, and progress on the zero-rated government websites, traffic data, and any access-related issues encountered by subscribers, subject to existing data privacy laws. The DICT shall submit to Congress an annual report, including recommendations for policy improvements, within ninety (90) days after the end of each calendar year.

SECTION 5. Public Feedback Mechanism. - The DICT, in coordination with the

NTC, shall set up a public feedback and grievance redress mechanism, including an accessible online portal or hotline, through which citizens may report service issues, blocked access, or other violations of this Act.

SECTION 6. Penalties, - Any franchise holder or owner of a public

telecommunications entity that unjustifiably refuses or fails to comply with the provisions of this Act shall, upon due notice and hearing, be subject to the following administrative penalties to be imposed by the NTC: (a) First violation - a written warning and directive to comply within a reasonable period not exceeding thirty (30) days;

(b) Second violation - an administrative fine of not less than Five Million Pesos ($5,000,000) but not exceeding Ten Million Pesos (P10,000,000); (c) Third violation - an administrative fine of not less than Ten Million Pesos (P10,000,000) but not exceeding Twenty Million Pesos (P20,000,000), and/or the suspension of the PTE's certificate of public convenience and necessity (CPCN), franchise, or other similar authority to operate, subject to applicable laws. The NTC may also recommend to Congress the imposition of additional sanctions, including franchise review or revocation, in cases of habitual or willful non- compliance.

SECTION 7. Financial Support Mechanisms. - The DICT, in coordination with

the Department of Finance (DOF) and other concerned agencies, shall promulgate the implementing rules and guidelines necessary, subject to existing laws and regulations, to establish financial support mechanisms aimed at alleviating any potential financial burdens on PTEs in the implementation of this Act. Such mechanisms may include, but not limited to, tax incentives, grants, or subsidies to offset operational costs incurred, or inclusion of relevant expenses incurred as allowable deductions, among others.

SECTION 8. Implementing Rules and Regulations. - The DICT, in

coordination with the NTC and concerned PTEs, shall formulate and issue the necessary technical and operational guidelines to implement this Act within one hundred twenty (120) days from the effectivity date of this Act. These guidelines shall include, but shall not be limited to: a) The criteria and process for zero-rating government websites and platforms; b) Standards for ensuring uninterrupted, equitable, and non-discriminatory access to such websites across all geographic regions; c) Measures to prevent circumvention or commercial misuse of free access provisions and corresponding penalties therefor;

d) Safeguards to protect user data privacy and prevent the collection or sale of personal information obtained through access to government websites; and e) Provisions for regular audit and performance monitoring of PTE compliance. The DICT shall ensure that the implementation of this Act aligns with existing national cybersecurity and data privacy frameworks, particularly those under the Data Privacy Act of 2012 and the Cybercrime Prevention Act of 2012.

SECTION 9. Repealing Clause. - All laws, decrees, executive orders,

8 proclamations and other executive issuances which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly.

SECTION 10. Separability Clause. - If any provision of this Act is declared

invalid, other parts or provisions hereof not affected shall remain and continue to be 12 in full force and effect.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,