Improving the Philippines’ Internet Landscape

Despite the absence of censorship, internet freedom in the Philippines is only categorized as partly free because of the unabated killing of media members, government intimidation of critics, the existence of state-backed online trolls, and the passage of a restrictive anti-cybercrime law. In addition, the internet in the country is bemoaned as one of the slowest and most inefficient in the region.

There have been various suggestions on how to improve the situation. Proposals have ranged from boosting the privatization of the IT sector by welcoming the entry of a third major telecommunications company to legislative remedies and stronger governmental regulation.

But in fact, to strengthen internet freedom, the starting point of any campaign should not focus on legislative reforms, but the overhaul of the political economy of the country’s IT infrastructure and media industry. Specifically, instead of blindly pursuing the growth of the IT sector through the tried and tested failure of privatization, the government should be prepared to perform a greater and more decisive role in expanding internet access and promoting consumer welfare.

Such a proposal often brings to the fore comparisons with history. But what is being suggested here would be different from the state-backed monopoly that dominated the Philippine telecom market prior to 1995 as it leaves open the possibility of public-private cooperation. The government role in this context would be in specific aspects, rather than across the board. The government could go a long way to demand accountability from the telecoms aside from ensuring that state resources are used to build and improve a national broadband network.

Similarly, the private sector would be involved but would not be allowed to dictate the pace and direction of IT developments, which would lead to the perpetuation of the dismal situation experienced by Filipinos today in the hands of profit-seeking telecoms. The state cannot simply stand idly by as telecoms expand their operations only in areas where high investment returns are guaranteed. It should intervene in order to improve internet access, modernize IT facilities, and promote consumer rights.

A case in point regarding the role of the public and private sector was the passage of a law creating the Department of Information and Communications Technology (DICT). This has streamlined the bureaucracy, but has yet to translate into a substantial restructuring of the IT sector.

The DICT is on the right track if its priority policy reforms include the improvement of “efficiency and speed of telecommunication (internet and mobile), cost or affordability, and coverage and accessibility.” But so far, the plan of action reflects the current framework which relies too much on the initiative and innovation of the corporate sector.

A recent discussion paper published by the Philippine Institute for Development Studies (PIDS), a government-sponsored think tank, has some interesting recommendations about the country's internet regulatory system. The paper, entitled “Rebooting Philippine Telecommunications Through Structural Reform” and published last May, takes a balanced approach: Calling for further liberalization policies, but also urging the pursuit of structural changes such as more independent internet regulations, adequate public consultations with consumers, and being open to learning from best practices from other countries instead of continuing on with rigid thinking.

On the legislative side, some are considering an amendment to the Cybercrime Prevention Act in order to expunge vague provisions that violate privacy, including the removal of the online libel clause. IT-related legislation covers many topics but unsurprisingly, the state in the last five years focused on bills that regulate the internet (cybercrime prevention) or promote the business interest of foreign investors (data privacy). As an alternative piece of legislation, some are proposing the passage of a law that would give greater protection to consumers, like the proposed Magna Carta for Philippine Internet Freedom filed by the late Senator Miriam Defensor Santiago in 2013.

This is an important aspect of the issue that ought to continue to be advanced. The Magna Carta for Philippine Internet Freedom more comprehensively tackles issues related to internet governance, cybercrime protection, digital rights, intellectual property, and access in a way that is consistent with a rules-based and democratic approach. In a similar vein, the Internet Freedom Bill filed in the House of Representatives aims to protect specific rights such as universal access to the internet, freedom of association on the internet, quality of connection, user rights to benefit from what they create, freedom of expression on the internet, and privacy. The bill also shields users from unwarranted surveillance.

More broadly, the legislative agenda, and the debate about the future of the digital landscape in the Philippines, needs to take into account both the needs of the country and the rights of individual citizens. Particularly under the government of President Rodrigo Duterte, which has heightened concerns around rights, the importance of creating a conducive environment where ordinary citizens, the media, and members of civil society can freely express their views and participate in political activities without fear of state reprisal cannot be underestimated.