SIM Registration Act

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]

SIM Registration Act
Congress of the Philippines
  • An Act Requiring The Registration of Subscriber Identity Module
CitationRepublic Act No. 11934
Enacted byHouse of Representatives of the Philippines
EnactedSeptember 19, 2022
Enacted bySenate of the Philippines
EnactedSeptember 27, 2022
Signed byBongbong Marcos
SignedOctober 10, 2022
CommencedDecember 27, 2022
Legislative history
First chamber: House of Representatives of the Philippines
Bill titleAn Act Requiring The Registration of Subscriber Identity Module Cards
Bill citationHouse Bill No. 14
Bill published onJune 30, 2022
Introduced byMartin Romualdez (Leyte–1st), Yedda Marie Romualdez (Tingog Sinirangan), Sandro Marcos (Ilocos Norte–1st), Jude Acidre (Tingog Sinirangan)
First readingSeptember 12, 2022
Second readingSeptember 14, 2022
Third readingSeptember 20, 2022
Conference committee bill passedSeptember 28, 2022
Committee reportJoint Explanation of the Bicameral Conference Committee: Annex A 
Second chamber: Senate of the Philippines
Bill titleAn 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 citationSenate Bill No. 1310
Bill published onSeptember 13, 2022
Introduced byGrace Poe
First readingSeptember 14, 2022
Second readingSeptember 19, 2022
Third readingSeptember 27, 2022
Conference committee bill passedSeptember 28, 2022
Status: In force

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

A similar bill was initially passed in the 18th Congress but was vetoed by then-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] As of March 29, 2023, over 53 million SIMs were registered.[10] It rose to 74.2 million as of April 18, which is 44.5 percent of the total active mobile subscribers, mere days before the supposed April 26 deadline.[11] By April 23, about 82.8 million SIMs were registered (49.31% of total active mobile subscribers).[12] The deadline was later extended 90 days into July 25 upon appeals by telecom companies due to low percentage of registered SIM cards.[13]

As of May 10, 2023 around 95-96 million SIM owners are now registered.[14]

Human rights and freedom of expression
Further information: Human rights in the Philippines, Freedom of expression in the Philippines, and Media freedom in the Philippines

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".[15] 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".[1]

A 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]

References
  1. Manalang, Bryan (March 9, 2022). "Human rights groups: Repeal SIM Card law". Vera Files. Retrieved May 2, 2023.
  2. Mercado, Neil Arwin (April 15, 2022). "Duterte vetoes SIM Card Registration bill". Inquirer News. Retrieved January 3, 2023.
  3. Panti, Llanesca. "House passes SIM card registration bill anew on final reading". GMA News Online. GMA News. Retrieved January 3, 2023.
  4. Romero, Paolo. "Senate approves SIM registration bill". Philstar.com. The Philippine Star. Retrieved January 3, 2023.
  5. Rivas, Ralf (October 10, 2022). "Marcos signs SIM Card Registration Act. Will it really stop scammers?". Rappler. Retrieved January 3, 2023.
  6. Maralit, Kristina (October 10, 2022). "BBM to sign SIM card registration bill". The Manila Times. Retrieved October 10, 2022.
  7. "NTC Memorandum Circular 001-12-2022". Lawphil. Retrieved January 3, 2023.
  8. Rivas, Ralf (December 12, 2022). "SIM card registration starts December 27. Here's how you can register". Rappler. Retrieved December 12, 2022.
  9. "Telcos face glitches as SIM card registration begins". Rappler. December 27, 2022. Retrieved January 3, 2023.
  10. "No extension of SIM card registration 'at this point': DICT". Philippine News Agency. Retrieved April 19, 2023.
  11. "DICT: Over 22 million SIMs registered as of Jan. 18". Philippine News Agency. Retrieved April 19, 2023.
  12. "Deadline palapit na, SIM card registration kalahati pa lang" [Deadline is approaching, SIM card registration is only half done] (in Tagalog). Abante. April 24, 2023. Retrieved April 25, 2023.
  13. Gregorio, Xave (April 25, 2023). "SIM registration deadline extended for 90 days amid telcos' appeal". Philippine Star. Retrieved April 25, 2023.
  14. Rita, Joviland (May 16, 2023). "Close to 96% of SIM owners now registered —DICT". GMA News Online. Retrieved May 16, 2023.
  15. Bolledo, Jairo (April 18, 2023). "Why some groups are challenging mandatory SIM card registration before SC". Rappler. Retrieved May 2, 2023.
  16. "SC rejects plea to pause SIM registration". CNN. April 25, 2023. Retrieved May 2, 2023.
  17. Palatino, Mong (February 25, 2022). "Philippines's Mandatory SIM Card Registration Threatens Privacy and Free Speech". The Diplomat. Retrieved May 2, 2023.
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