Legislative franchise for social media? House mulls stricter regulation
MANILA, Philippines — House lawmakers are considering amending the Public Service Act to designate social media platforms as part of public service, requiring them to obtain a legislative franchise to operate in the country.
At the House Tri-Committee’s second hearing on Tuesday, February 18, Rep. Robert Ace Barbers (Surigao del Norte, 2nd District) floated the idea on the table as a way to combat online disinformation.
“I think it would be best if these social media platforms secure a legislative franchise in this Congress,” he said.
Under existing laws, public services such as water concessionaires, electricity providers and telecommunications companies are classified as public services.
Firms like Manila Water, Manila Electric Company (Meralco), and broadcasting stations are also mandated to secure a congressional franchise to construct, operate and maintain their services for a set period. This franchise may be renewed through another legislative measure.
“If you are under the franchise of this Congress, then you will be subject to the regulation that will be imposed under the law,” Barbers added.
Meanwhile, Rep. Joseph Stephen “Caraps” Paduano (Abang Lingkod Party-list) suggested amending the Public Service Act to specify social media platforms as public service.
This followed a line of questioning with the National Telecommunications Commission (NTC), which regulates telecommunications, radio and broadcast in the country by being in charge of issuing certificates, licenses and permits.
The agency told the panel that social media platforms are not classified as public utilities since they operate without a physical office in the Philippines.
Rep. Jose “Joboy” Aquino II also urged the Kapisanan ng mga Brodkaster ng Pilipinas (KBP), which sets ethical and professional standards for radio and television based also on existing laws, to provide updates with regards to online video content.
However, Rudolph Jularbal, legal representative of the KBP, explained that television and radio broadcasting differs significantly from netcasting.
He also clarified that content creators are not KBP members but only affiliate with them, as the non-profit and non-government organization seeks to have them adopt its standards and guidelines when producing content online.
Still, Aquino called on the KBP and the Movie and Television Review and Classification Board (MTRCB) to “improve,” implying that broadcasting is also evolving.
The Tri-Committee aims to draft a regulatory framework or set of guidelines for social media platforms and online creators, including measures to curb online disinformation.
It is also reviewing policies combating 'fake news' in countries like Singapore and Brazil. However, rights groups have also flagged these for infringing on free speech and data privacy.
The panel has issued show-cause orders to Philippine representatives of Facebook and TikTok after the companies snubbed the second hearing.
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