SIM Registration Act explained

Long Title:An Act Requiring The Registration of Subscriber Identity Module
Short Title:SIM Registration Act
Legislature:Congress of the Philippines
Citation:Republic Act No. 11934
Territorial Extent:Philippines
Enacted By:House of Representatives of the Philippines
Date Enacted:September 19, 2022
Enacted By2:Senate of the Philippines
Date Enacted2:September 27, 2022
Date Signed:October 10, 2022
Signed By:Bongbong Marcos
Date Commenced:December 27, 2022
Bill:An Act Requiring The Registration of Subscriber Identity Module Cards
Bill Citation:House Bill No. 14
Bill Date:June 30, 2022
Introduced By:Martin Romualdez (Leyte–1st), Yedda Marie Romualdez (Tingog Sinirangan), Sandro Marcos (Ilocos Norte–1st), Jude Acidre (Tingog Sinirangan)
1St Reading:September 12, 2022
2Nd Reading:September 14, 2022
3Rd Reading:September 20, 2022
3Rd Reading For:250
3Rd Reading Against:6
3Rd Reading Abstention:0
3Rd Reading Absent:56
Conf Committee Passed:September 28, 2022
Bill2:An Act Eradicating Mobile Phone or Electronic Communication-aided Criminal Activities, Regulating For This Purpose The Registration And Use of All Subscriber Identity Module (SIM) For Electronic Devices
Bill Citation2:Senate Bill No. 1310
Bill Date2:September 13, 2022
Introduced By2:Grace Poe
1St Reading2:September 14, 2022
2Nd Reading2:September 19, 2022
3Rd Reading2:September 27, 2022
3Rd Reading2 For:20
3Rd Reading2 Against:0
3Rd Reading2 Abstention:0
3Rd Reading2 Absent:4
Conf Committee Passed2:September 28, 2022
Committee Report:Joint Explanation of the Bicameral Conference Committee
Status:in force

The SIM Registration Act, officially designated as Republic Act No. 11934 and commonly referred to as the SIM card law, is a Philippine law mandating the registration of SIM cards before activation. Under the measure, mobile device users must register their SIM cards, whether prepaid or postpaid. The law was enacted intending to curb cybercriminal activities. The law also aims to address issues related to trolling, hate speech, and online disinformation.[1]

Human rights groups, media organizations, and labor groups have raised questions about how the law might violate rights to free speech, privacy, and due process.

Legislative history

18th Congress

A similar bill was initially passed in the 18th Congress but was vetoed by President Rodrigo Duterte on April 14, 2022, due to the inclusion of social media accounts, which Duterte "was constrained to disagree" with as it may "give rise to a situation of dangerous state intrusion and surveillance threatening many constitutionally protected rights".[2]

House Bill No. 14

The bill was filed before the House of Representatives as House Bill No. 14. It passed on third and final reading on September 19, 2022, with 250 members voting for the measure while 6 voted against it.[3]

Senate Bill No. 1310

Senator Grace Poe sponsored the measure's Senate counterpart, Senate Bill No. 1310. It passed on third and final reading on September 27, 2022, with all Senators present voting for the bill.[4]

Republic Act No. 11934

President Bongbong Marcos signed the law on October 10, 2022.[5] [6]

Implementation

The Implementing Rules and Regulations (IRR) of the law was enacted on December 27, 2022. Postpaid subscribers are considered to already be registered with telco companies, only having to confirm the existing details already saved with the telco companies. On the other hand, prepaid subscribers are required to undergo registration through an online portal.[7] [8] During the first day of registration, users struggled to register their SIMs as telco companies faced glitches on their registration platforms.[9] By April 23, 2023, a few days before the original deadline, about 82.8 million SIMs were registered (49.31% of total active mobile subscribers).[10] The deadline was later extended 90 days into July 25 upon appeals by telecom companies due to low percentage of registered SIM cards.[11]

The deactivation of unregistered SIM cards started on July 26, 2023.[12] Subscribers were given a five-day grace period to register their SIM cards until July 30, 2023.[13] By the end of the grace period, the NTC reported that 113,969,014 SIM cards (or 67.83% of the 168,016,400 SIM cards in circulation) were registered.[14] A total of 54,047,386 unregistered SIM cards were deactivated, resulting in the reduction of mobile subscribers:

Human rights and freedom of expression

Media advocacy groups and labor groups petitioned the Supreme Court of the Philippines for a temporary restraining order (TRO) for the implementation of the law, arguing that the law violates free speech, data privacy, and due process.[15] The petition called the law a form of "constitutionally impermissible prior restraint". The Supreme Court denied the TRO petition but ordered government agencies to submit their responses to questions regarding the law's constitutionality.[16]

Human rights groups called on Congress to repeal the law, citing issues relating to "rights to privacy, free expression and information, association, and non-discrimination in the Philippines". An online petition challenging the law contended that the law erodes freedom of expression and could be used for mass surveillance and authoritarianism when used alongside the Philippine Anti-Terror Law.[17]

Notes and References

  1. News: Manalang . Bryan . March 9, 2022 . Human rights groups: Repeal SIM Card law . en-US . . May 2, 2023.
  2. News: Mercado . Neil Arwin . April 15, 2022 . Duterte vetoes SIM Card Registration bill . Philippine Daily Inquirer News . January 3, 2023.
  3. News: Panti . Llanesca . House passes SIM card registration bill anew on final reading . . January 3, 2023.
  4. News: Romero . Paolo . Senate approves SIM registration bill . . January 3, 2023.
  5. News: Rivas . Ralf . October 10, 2022 . Marcos signs SIM Card Registration Act. Will it really stop scammers? . . January 3, 2023.
  6. News: Maralit . Kristina . October 10, 2022 . BBM to sign SIM card registration bill . . October 10, 2022.
  7. Web site: NTC Memorandum Circular 001-12-2022 . January 3, 2023 . The LawPhil Project.
  8. News: Rivas . Ralf . December 12, 2022 . SIM card registration starts December 27. Here's how you can register. . . December 12, 2022.
  9. News: December 27, 2022 . Telcos face glitches as SIM card registration begins . . January 3, 2023.
  10. News: April 24, 2023 . Deadline palapit na, SIM card registration kalahati pa lang . Deadline is approaching, SIM card registration is only half done . . April 25, 2023 . tl.
  11. News: Gregorio . Xave . April 25, 2023 . SIM registration deadline extended for 90 days amid telcos' appeal . . April 25, 2023 . en.
  12. News: July 25, 2023 . NTC: No more SIM registration deadline extension . . July 26, 2023.
  13. News: Castillo . Jonathan . July 26, 2023 . Unregistered SIM cards have been deactivated, 5-day grace period . . July 27, 2023.
  14. News: Rilloraza . Bryan . August 5, 2023 . SIM registration in the Philippines ends, final tally of subscribers revealed . TechnoBaboy.com . August 6, 2023.
  15. News: Bolledo . Jairo . April 18, 2023 . Why some groups are challenging mandatory SIM card registration before SC . en-US . . May 2, 2023.
  16. News: April 25, 2023 . SC rejects plea to pause SIM registration . en . . https://web.archive.org/web/20230425135530/https://www.cnnphilippines.com/news/2023/4/25/Supreme-Court-junks-TRO-petition-SIM-registration-law.html . dead . April 25, 2023 . May 2, 2023.
  17. News: Palatino . Mong . February 25, 2022 . Philippines's Mandatory SIM Card Registration Threatens Privacy and Free Speech . en-US . . May 2, 2023.