The Intellectual Property of the Philippines has announced the release of rules on site blocking, the measure that disrupts access to pirated sites, seen to delist the Philippines from being third in East and Southeast Asia in having the highest piracy rate.
The release of Memorandum Circular 23-025 or the Rules on Voluntary Administrative Site Blocking, signed by IPOPHL director general Atty. Rowel Barba, signals the celebration of the Philippine Creative Industries Month this September.
Barba said Memorandum Circular 23-025 was signed last 20 September 2023, effective two months from publication
Result of years-long work
"The rules are a result of years-long work with the National Telecommunications Commission and several internet service providers who refuse to sit down and watch while our creative industry suffers. With the site blocking mechanism soon up and running, IPOPHL, as an ex-officio member of the Philippine Creative Industries Development Council, is ecstatic to say the Philippines now has an essential tool to protect the creativity that drives our economy and defines our cultural landscape," Barba said.
With site blocking to be soon in place, Barba hopes to replicate the success of Indonesia where more than 50 percent of consumers have stopped or now rarely access pirate services because of its government's blocking measures which started in 2019.
"We encourage rights holders to optimize this tool and protect the value of your creative assets," Barba said.
Under the rules, the process is initiated once a rights holder or a duly authorized representative files a written request with the IP Rights Enforcement Office or IEO followed by the payment of filing fees.
The application will immediately be evaluated by an officer from the IEO who is given ten working days to submit an Evaluation Report.
The report carries a recommendation on the issuance or non-issuance of a site-blocking order and is elevated to the Supervising Director or Deputy Director General for approval within five working days.
Collaboration vs piracy
To effectively implement the rules, IPOPHL signed on Wednesday partnership agreements with the NTC and ISPs, namely Globe Telecom Inc., Smart Communications Inc., PLDT Inc., Sky Cable Corp., and DITO Telecommunity Corp.
Under the Memorandum of Understanding, ISPs commit to willingly block sites directly upon IPOPHL's request issued after a determination of violation, thereby streamlining the current process which requires the involvement of the NTC, the agency being the primary regulator of ISPs.
Meanwhile, the memorandum of agreement with the NTC widens IPOPHL's oversight to over 300 ISPs who are not part of IPOPHL's site blocking MOU with ISPs, obligating them to disable access to piracy sites.
Also at the event were the Motion Picture Association, Asia Video Industry Association, and the GMA Network Inc. as observers and partners.
IPOPHL launched the new rules at a time when site blocking is gaining traction around the world as an effective anti-piracy tool.
That same year, AVIA's Coalition Against Piracy released a YouGov survey showing that 49 percent of Filipinos admit to using streaming piracy websites or torrent sites, placing the Philippines third among East and Southeast Asian countries in terms of visiting piracy streaming sites.