Democracy.Net.PH questions legal basis of DICT, CICC, NTC platform blocking

• Courtesy of Democracy.Net.PH

Democracy.Net.PH has challenged the legal basis for government agencies to block and later unblock online platforms without a court order, calling on the Department of Information and Communications Technology (DICT), Cybercrime Investigation and Coordinating Center (CICC) and National Telecommunications Commission (NTC) to stop platform blocking without due process.

The digital rights group issued the statement Thursday following the blocking and subsequent lifting of restrictions on Discord. The CICC confirmed that the Discord block, which took effect Wednesday evening, was lifted after talks with the platform and commitments on cooperation with Philippine authorities.

Democracy.Net.PH argued that neither the CICC under Republic Act No. 10175, or the Cybercrime Prevention Act, nor the DICT under Republic Act No. 10844 has been given a general authority to block online platforms without due process.

“At no time has the CICC been granted the legal mandate to block online content nor online platforms that are not considered OSAEC without due process of law,” the group said. It made the same argument regarding the DICT, saying its charter does not expressly provide such authority.

The group cited the Supreme Court ruling in Disini v. Secretary of Justice, which struck down Section 19 of RA 10175. That provision would have allowed the Department of Justice to restrict or block access to computer data based on a prima facie finding that it violated the Cybercrime Prevention Act. The Supreme Court ruled the provision unconstitutional for violating constitutional guarantees on freedom of expression and protection against unreasonable searches and seizures.

Democracy.Net.PH also questioned the involvement of the NTC, which issued the blocking instruction to telecommunications companies and internet service providers following the CICC request.

“We cannot fault DTIPs for following the instructions of the regulator, but we do fault the NTC for issuing NTC-CICC-2026-09-001 without the benefit of an order from a competent court issued for the purpose,” the group said.

Under the Konektadong Pinoy Act or RA 12234, the NTC is the principal regulatory and adjudicatory body over the data transmission sector. The law refers to entities providing data transmission services as data transmission industry participants or DTIPs.

Democracy.Net.PH distinguished general platform blocking from measures specifically authorized under RA 11930, or the Anti-Online Sexual Abuse or Exploitation of Children Act. The law requires internet intermediaries, upon proper notice, to block, remove or take down identified internet addresses, URLs, websites or content containing child sexual abuse or exploitation materials or involving the streaming or livestreaming of online sexual abuse or exploitation of children.

“We call on the DICT, the CICC, and the NTC to cease the blocking of online content and online platforms that are not considered OSAEC without due process of law,” Democracy.Net.PH said. “Our rights offline are our rights online.”

The group said it participated in the Disini proceedings as an affiliate of the Philippine Internet Freedom Alliance and was also involved in legislative discussions that led to RA 10844, RA 11930 and RA 12234.