What you need to know about the SIM registration law

December 18 ------ President Ferdinand “Bongbong” Marcos Jr. signed into law in October the SIM Registration Act.

The new measure, which was ratified by both chambers of Congress on Sept. 28, aims to address the proliferation of text scams in the country, as well as other crimes committed through text messages.

National Telecommunications Commission (NTC) consultant Edgar Cabarrios told reporters that up to 160 million SIMs are expected to be registered, prepaid and postpaid combined. Now that it is officially a signed measure, how will the SIM registration law impact telecommunication companies and users? Tingog Party-list Rep. Jude Acidre, one of the proponents of the measure, told reporters the requirements and implications of the measure.

Under the law, public telecommunications entities or PTEs will have to submit to the NTC within 30 days a list of authorized sellers or dealers, and should submit an updated list every quarter of the year. "Whether maliit lang na tindahan, I don't think that's going to be a problem for as long as they are authorized; 'yung nasa bangketa definitely hindi na pwede iyon kasi ang gusto nga nating ma-achieve sa bill na ito is to regulate the sale of SIM cards," Acidre said.

According to the law’s implementing rules and regulations (IRR), registration of the SIMs will start on Dec. 27. Registration is free. Mobile phone subscribers with prepaid SIM cards must register and verify their phone numbers with their respective PTEs 180 days from said date. An extension period of up to 120 days is allowed or else the SIM will be deactivated. Owners of deactivated SIM have only five days to register and reactivate. Meanwhile, new SIMs sold will remain deactivated until end-users complete the process of registration.

The IRR mandates PTEs to provide the online platform where their users may register. For those in remote areas, relevant agencies along with the telco companies are tasked to facilitate the registration. Cabarrios also said there will be booths where telcos can accommodate subscribers who do not have internet access or smartphones. Generally, prepaid users will be asked to give some personal information like complete name, birthdate, sex, and address. Registration will also require the submission of a government-issued ID, which will depend if the user is an individual, juridical entity, or a foreign national. As for postpaid subscribers, their data submitted to their respected service provider will only need to be verified.

Meanwhile, SIMs of foreign national end-users visiting as tourists shall only be valid for 30 days. It may only be extended upon submission of an approved visa extension. “Foreign nationals with other types of visas can acquire SIMs without the thirty (30)-day temporary validity period, and register the same following the respective PTE’s registration process,” the IRR read.

Acidre acknowledged that they cannot yet require the inclusion of social media accounts in the registration, which was part of the provision in the version of the measure that was vetoed by former president Rodrigo Duterte under the 18th Congress. He said the current version of the measure under the 19th Congress solely focuses on SIM card registration, since there are aspects in social media registration "that could infringe on people's right to privacy which we are careful about." He also acknowledged the need to further study the matter.

The following penalties will be imposed for anyone proven to have violated the law:

• For providing false or fictitious information or using fictitious identity or fraudulent identification documents - imprisonment from six months to two years, or a fine of not less than P100,000 but not more than P300,000, or both

• For sale or transfer of registered SIM without complying with required process – imprisonment from six months to six years, or a P100,000 to P300,000 fine, or both

• For spoofing a registered SIM - imprisonment of not less than six years, or a fine of P200,000, or both

• For failure or refusal to register a SIM by PTEs despite compliance of subscriber

First offense: A fine of not less than P100,000 but not more than P300,000. Second offense: A fine of not less than P300,000 but not more than P500,000

Third and subsequent offenses: A fine of not less than P500,000 but not more than P1 million

• For selling a stolen SIM - imprisonment of six months to two years, or a fine of not less than P100,000 but not more than P300,000, or both

• For breach of confidentiality by PTEs, its agents or employees directly/indirectly, or due to negligence – a fine of not less than P500,000 but not more than P4 million

Source: cnnphilippines.com