Drilon: Nothing unlawful in SIM card measure

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SENATE minority leader Franklin Drilon yesterday said the SIM Card Registration Act vetoed by President Duterte will stand legal scrutiny because it has no constitutional complication, particularly the provision which mandates the registration of social media accounts.

In a statement, Drilon said the measure does not in any way limit speech or curtail a person’s ability to post on social media since it is “not designed to suppress any particular message.”

Drilon issued the statement after President Duterte rejected the measure because of the provision on the mandatory registration of social media accounts, which he said “may give rise to a situation of dangerous state intrusion and surveillance threatening many constitutionally protected rights.”

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Drilon insisted the “provision that we worked hard for” to prevent criminals, fraudsters, online bullies, and trolls from hiding behind bogus names “is constitutional and can withstand judicial scrutiny.”

“The measure is constitutional. The bill does not in any way limit speech. It does not curtail one’s ability to post on social media. This is not designed to suppress any particular message… Even a freshman law student can tell that that provision would not violate any constitutional right. They should review their Constitution,” Drilon said.

“The bill only requires the use of one’s real name and registered SIM card in creating social media accounts,” he added.

Besides, he said, the measure also contains numerous safeguards to ensure privacy, citing Section 9 of the proposed law which provides for a confidentiality clause and mandates that “any information obtained in the registration process described under this Act cannot be disclosed to any person.”

The disclosure will only be allowed in compliance with any law obligating the social media provider to disclose such information in accordance with the provisions of Republic Act. No. 10173 or the Data Privacy Act of 2012; in compliance with a court order, legal process, or other government regulatory, or enforceable administrative request for information; in compliance with Section 10 of the bill; or with the written consent of the subscriber.

Drilon also dismissed allegations that the inclusion of the social media provision is a “rider” and a last-minute insertion as alleged by Rep. Wes Gatchalian.

He said a rider is violative of the constitutional provision requiring that a bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof.

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