Villanueva proposes law against spam texts or calls

FILE PHOTO: Senator Joel Villanueva. (Voltaire F. Domingo/Senate PRIB)

MANILA, Philippines — Senator Joel Villanueva has filed a bill that would automatically “opt-out” all subscribers from receiving spam calls or texts amid the current barrage of shady job offers from unknown numbers being sent to mobile users.

Villanueva, chairman of the Senate labor committee, filed Senate Bill No. 2460 or the proposed Anti-Spam Act of 2021, which seeks to address “smishing,” a scheme that lures unwitting consumers and jobseekers into giving away personal information using links and other related means.

“This scheme will undoubtedly mislead some recipients, thereby necessitating the need for the government to take affirmative action to address these types of spam messages,” Villanueva wrote in the explanatory note of the bill, which was filed Wednesday.

Under the bill, all telephone and mobile subscribers are automatically opted out of spam calls or text messages. The measure requires a subscriber’s prior and explicit consent before receiving commercial or promotional advertisements.

“Commercial or promotional advertisements may only be sent to a subscriber who has given prior consent or has specifically opted-in to receive said messages without additional cost,” the bill states.

READ: Villanueva asks privacy body to probe ‘epidemic’ of shady job offers via text

The measure defines spam messages as either one of the following:

• Not initiated by the recipient of the call or message containing commercial promotions or advertisements and did not opt-in to receive the same
• Causes an installation of programs on the subscriber’s device without consent
• Contains false or misleading electronic representations redirecting to websites, chat platforms, etc.
• Triggers the collection of personal information by accessing an electronic device illegally

If a subscriber has given consent to receive advertisements, concerned entities are still required to provide a mechanism for subscribers to “opt-out any time,” according to the bill.

“The opt-out mechanism must enable the subscriber or recipient to indicate the decision not to receive any commercial or promotional advertisement from the entity,” it also says.

If enacted into law, the bill also mandates the continuous monitoring and oversight of concerned government agencies, such as the National Telecommunications Commission, National Privacy Commission, and National Bureau of Investigation “to further improve and develop the technical and industry efforts to protect the data privacy of citizens.”

READ: NPC tracking sources of texts on job scams

“This bill will redound to the benefit of millions of subscribers who will have the freedom to choose with whom they shall transact, and will reduce, if not eliminate, the proliferation of potentially risky and harmful unsolicited calls or messages,” Villanueva said.

Villanueva filed the measure amid text messages offering jobs with a salary of P500 to P8,000 a day. Recipients of the messages are asked to click a link to get more information.

Other versions of the text message include names of e-commerce websites claiming to be hiring employees, the senator noted.

Villanueva then reiterated his warning to the public against such misleading messages. He also asked authorities to step-up vigilance against those behind the spam messages.