TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -2 P5:21 ---.. SENATE S. B. No. _ Introduced by Senator Panfilo M. Lacson AN ACT REGULATING THE USE OF SOCIAL MEDIA PLATFORMS BY MINORS, IMPOSING AGE RESTRICTIONS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES EXPLANATORY NOTE With the advent of modern technology, among the emerging global concerns is the exposure of children and adolescents to digital media, which gives rise to a new cultural and behavioral pattern that has changed the way they learn, communicate, and live. Various studies show how the excessive use of social media is closely linked to heightened risk for mental health problems. A study published by the Journal of the American Medical Association in 2022 revealed that adolescents who spend more than three hours per day are more exposed to anxiety, depression, and social isolation. In the Philippines, internet access among Filipino children is likewise widespread. The Council for the Welfare of Children reported that one in every three children aged 0 to 18 uses the internet. Furthermore, the National ICT Household Survey revealed that 60% of children aged 10 to 17 not only have internet access but are also active users. A UNICEF study also revealed that Filipino children and adolescents have grown vulnerable to cyberbullying, body image pressures, and online harassment because of social media exposure. Given this, there have been countries that initiated policies to regulate minors' access to social media and online platforms. For instance, Australia, in a bold move, passed a law that set the minimum age limit for social media platforms. The Australian
government highlights that this is part of their broader strategy to create safer digital spaces for everyone. Taking inspiration from this model, and in adherence to our State's declared policy of promoting and promoting the mental and emotional well-being of its children, this bill is being proposed to protect Filipino children below 18 years old from online risks and harmful content by prohibiting minors from accessing or using social media platforms. PANETOM! LACSON Senator
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL -2 P5:22 First Regular Session RECENCOOK SENATE S. B. No. _ Introduced by Senator Panfilo M. Lacson AN ACT REGULATING THE USE OF SOCIAL MEDIA PLATFORMS BY MINORS, IMPOSING AGE RESTRICTIONS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Declaration of Policy. - It is the policy of the State to promote and
protect the physical, mental, and emotional well-being of its children. Recognizing the rapid growth and influence of social media platforms, the State affirms its duty to safeguard children from online risks and harmful content. It is also the policy of the State to balance the right to information and communication with the duty to provide a safe and developmentally appropriate online environment for Filipino children, in accordance with the best interests of the child, as recognized under the United Nations Convention on the Rights of the Child and relevant Philippine laws.
Sec. 2. Definition of Terms. -
a. Age-restricted user refers to minors below eighteen years of age; b. Social Media Platformrefers to any internet-based service, network, application, website, or computer program that is intended to provide an electronic service that satisfies the following conditions:
i. Its sole or primary purpose is to enable online social interaction between 2 or more end-users; ii. It allows end-users to link to, or interact with, some or all of the other end-users; and ili. It allows end-users to upload or post online content or materials on it.
Sec. 3. Use of Social Media Services, Age Restriction. - Minors shall be
prohibited from accessing or using social media services.
Sec. 4. Obligations of Social Media Platforms. - Social media platforms shall
take reasonable steps and age verification measures to prevent age-restricted users from registering, accessing, or continuing to use their social media service. They shall: a. Adopt reliable means to ensure the age and identity of its users, such as but not limited to ID verification, facial recognition, and other identity authentication systems; b. Conduct regular audits of user account data to detect and remove age- restricted users from the platform; and c. Adopt prompt response mechanisms for reports or findings of age-restricted users on the platform.
Sec. 5. Data Privacy. - Any personal information collected by social media
platforms or third-party service providers for the purpose of implementing age verification measures and complying with age restriction requirements shall be subject to the provisions of Republic Act No.10173, otherwise known as the Data Privacy Act 23 of 2012 and all other applicable data protection laws, rules and regulations. Platform providers shall ensure that: a. The data collected is limited, secure, and retained only for the period necessary to fulfill its intended lawful purpose; b. Users are clearly informed of the purpose and scope of data collection, including their rights under existing data privacy laws; c. Reasonable security safeguards are in place to protect the information against unauthorized access, use, or disclosure; and
d. Any third-party processors involved in age verification comply with equivalent data protection standards. Violation of this provision shall subject the platform to penalties under the Data 4 Privacy Act and any other administrative, civil, or criminal penalties as may be prescribed by law.
Sec. 6. Role of the Department of Information and Communications
Technology. - The Department of Information and Communications Technology (DICT) shall serve as the primary implementing agency of this Act. In line with this mandate, the DICT shall have the following powers and functions: a. Monitor compliance of social media platforms with age restrictions, identity verification protocols, and other requirements under this Act; b. Establish reporting mechanisms for violations, including unauthorized use by minors and non-compliance by platforms or service providers; c. Conduct investigations, motu proprio or upon complaint, on alleged violations such as underage user access, data privacy breaches, or failure of platforms to act; d. Issue Disabling Orders directing the takedown, removal, or deactivation of accounts found in violation of age restrictions; e. Enforce administrative sanctions against internet service providers, including fines, suspension, or revocation of permits for failure to comply with this Act; f. Issue directives and impose penalties on social media platforms, including administrative fines and access restrictions, for any violation of this Act or its implementing rules and regulations; and g. Coordinate with relevant government agencies, including the National Telecommunications Commission (NTC), National Privacy Commission (NPC), Department of Social Welfare and Development (DSWD), and Department of Education (DepEd), to ensure consistent, child-sensitive, and effective enforcement of this Act.
Sec. 7. Disabling Order. - Upon determination that a social media account is
30 owned or operated by an age-restricted user in violation of this Act, the DICT shall issue a Disabling Order directing the immediate takedown, removal, or deactivation of the said account.
Within three (3) days from the issuance of the Disabling Order, the DICT shall notify the NTC and instruct it to monitor the compliance of concerned social media platforms and internet service providers with the Order. The NTC shall coordinate with relevant entities to ensure enforcement and may recommend further administrative 5 action in case of non-compliance. Failure to comply with a Disabling Order shall subject the platform or service provider to administrative penalties that may be imposed by the DICT or NTC pursuant to this Act and other applicable laws.
Sec. 9. Penalties. - Any social media platform, internet service provider, or
third-party service provider that fails to comply with any provision of this Act, including but not limited to the failure to implement adequate age verification systems, refusal to comply with a Disabling Order, or unauthorized retention or misuse of personal data collected under this Act, shall be subject to the following administrative penaities, without prejudice to any civil or criminal liability under existing laws: a. For Social Media Platforms and Service Providers: i. An administrative fine of not less than One Million Pesos (P1,000,000) but not exceeding Twenty Million Pesos (P20,000,000) for each act of non-compliance, depending on the gravity and frequency of the violation; il. A daily fine of not more than One Hundred Thousand Pesos (P100,000) for each day of continuing violation after due notice; ili. Suspension or revocation of access, operations, or licenses within the Philippines, upon repeated or willful violations, subject to due process. b. For Internet Service Providers: i. An administrative fine of not less than Three Hundred Thousand Pesos (P300,000.00) but not more than Three Million Pesos (P3,000,000) for failure to execute or enforce a Disabling Order issued by the DICT; ii. Temporary suspension or revocation of permits, or licenses for gross or repeated failure to comply. c. For Third-Party Age Verification Providers: i. An administrative fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not more than Five Million Pesos (P5,000,000) for
breach of data privacy provisions or failure to meet verification standards set under this Act; ii. Permanent ban from offering related services to platforms operating in the Philippines upon a finding of gross negligence or willful misconduct. The imposition of the above penalties shall be without prejudice to prosecution under the Data Privacy Act of 2012 (R.A. No. 10173), the Cybercrime Prevention Act of 2012 (R.A. No. 10175), or any other applicable penal law.
Sec. 10. Implementing Rules and Regulations. - Within ninety (90) days from
the effectivity of this Act, the DICT, in consultation with the NPC, the Department of Justice, the NTC, the DSWD, and relevant stakeholders from the education, child protection, and technology sectors, shall promulgate the necessary rules and regulations for the implementation of this Act
Sec. 11. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remaining provisions not affected thereby shall remain valid and subsisting.
Sec. 12. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.
Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines. Approved,