TO protect Filipino youths from the harmful effects of too much exposure to social media, Sen. Panfilo “Ping” M. Lacson has filed a bill regulating the use of social media platforms by minors.
Lacson cited studies showing how the excessive use of social media is linked to risk for mental health problems, as well as anxiety, depression and social isolation.
“A UNICEF (United Nations Children’s Fund) study … revealed that Filipino children and adolescents have grown vulnerable to cyberbullying, body image pressures, and online harassment because of social media exposure,” he said in his bill, titled “An Act Regulating the Use of Social Media Platforms by Minors, Imposing Age Restrictions, Providing Penalties for Violations Thereof, and for Other Purposes.”
He added that the Council for the Welfare of Children reported that one in every three children in the Philippines aged 0 to 18 uses the internet, while the National ICT Household Survey revealed that 60% of children aged 10 to 17 not only have internet access but are also active users.
Lacson noted other countries such as Australia have initiated policies to regulate minors’ access to social media and online platforms.
In passing a law that set the minimum age limit for social media platforms, the Australian government pointed out 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 protecting 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,” Lacson said.
Under the bill, minors shall be prohibited from accessing or using social media services, while 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.”
Among the obligations of social media platforms are to:
* 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;
* Conduct regular audits of user account data to detect and remove age-restricted users from the platform; and
* Adopt prompt response mechanisms for reports or findings of age-restricted users on the platform.
Personal information collected by social media platforms or third-party service providers to implement age verification measures shall be subject to the provisions of the Data Privacy Act of 2012 and applicable laws.
The bill requires platform providers to ensure that the data collected is “limited, secure, and retained only for the period necessary to fulfill its intended lawful purpose,” with users “clearly informed of the purpose and scope of data collection, including their rights.”
Violation of this provision shall subject the platform to penalties under the Data Privacy Act and any other administrative, civil, or criminal penalties as may be prescribed by law.
The Department of Information and Communications Technology (DICT) shall serve as the primary implementing agency of this Act. It shall:
* Monitor compliance of social media platforms with age restrictions, identity verification protocols, and other requirements;
* Establish reporting mechanisms for violations, including unauthorized use by minors and non-compliance by platforms or service providers;
* Conduct investigations, motu proprio or upon complaint, on alleged violations such as underage user access, data privacy breaches, or failure of platforms to act;
* Issue Disabling Orders directing the takedown, removal, or deactivation of accounts found in violation of age restrictions;
* Enforce administrative sanctions against internet service providers, including fines, suspension, or revocation of permits for failure to comply with this Act;
* 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
* 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.
The DICT may issue a disabling order to take down or remove an account that is determined to be owned or operated by an age-restricted user. It shall notify the NTC within three days and instruct it to monitor the compliance with the order.
An administrative fine of P1 to P20 million for each act of non-compliance awaits social media platforms and service providers who fail or refuse to comply with the measure. They also face a daily fine of up to P100,000 for each day of continuing violation after due notice.
Social media platforms and service providers also face suspension or revocation of access, operations, or licenses within the Philippines, upon repeated or willful violations.
Internet Service Providers (ISPs) face an administrative fine of P300,000 to P3 million for failure to execute or enforce a Disabling Order issued by the DICT; as well as temporary suspension or revocation of permits, or licenses for gross or repeated failure to comply.
Third-Party Age Verification Providers face an administrative fine of P500,000 to P5 million for breach of data privacy provisions or failure to meet verification standards. They also face a permanent ban from offering related services to platforms operating in the Philippines upon a finding of gross negligence or willful misconduct.
