The Anti-Terrorism Council (ATC) has adopted amendments to the Implementing Rules and Regulations (IRR) of Republic Act No. 11479, also known as the Anti-Terrorism Act of 2020 (ATA), through Resolution No. 68, Series of 2024. These amendments are part of the government’s ongoing effort to refine the implementation of the ATA in response to evolving legal, technological, and operational challenges. The amendments clarify the scope of protected speech, ensuring that advocacy, protests, and other forms of expression consistent with constitutional rights are respected.

Scope of Protected Speech

The amendments ensure that the Anti-Terrorism Act respects and upholds constitutional freedoms, particularly those related to advocacy, protests, and dissent. Reflecting the Supreme Court’s decision in Calleja v. Executive Secretary, the revisions address concerns about vague definitions of terrorism that could potentially infringe on civil liberties. By explicitly protecting legitimate forms of expression and peaceful assembly, the IRR now provides clearer boundaries to distinguish lawful activities from acts of terrorism.

Modernized Publication Requirements

Modernized publication requirements prioritize the use of digital platforms for transparency and efficiency. The Official Gazette and the ATC’s website will serve as the primary means for publishing resolutions and designations, allowing for immediate dissemination. This shift eliminates reliance on newspapers of general circulation, reducing delays and ensuring stakeholders have real-time access to critical information.

Financial Provisions

Financial provisions have been updated to facilitate the granting of humanitarian exemptions on frozen assets. The Anti-Money Laundering Council (AMLC) is tasked with determining the amount necessary for monthly family needs, legal representation, and medical expenses. This ensures that humanitarian considerations are addressed without compromising the law’s objective to prevent the misuse of funds for terrorist activities.

Detention Protocols

Detention protocols have been revised to align with Supreme Court directives, ensuring proper safeguards are in place during the detention of individuals under the law. Law enforcement agencies are now required to notify courts, the Commission on Human Rights (CHR), and other relevant bodies within 24 hours of an arrest. This ensures accountability and respect for due process while addressing security concerns.

Responsibilities of Telecom Companies and Internet Service Providers (ISPs)

The amendments require telecommunications and internet service providers to preserve data upon notice, ensuring that vital evidence such as communication records and metadata is secured for ongoing investigations. This provision enhances law enforcement’s ability to track and disrupt terrorist activities while ensuring compliance with data privacy laws.

The ATC acknowledges the valuable contributions of government agencies, including the Department of Justice, the Anti-Money Laundering Council, the Department of National Defense, and others, in crafting these amendments. Equally significant is the role of the private sector, which the ATC emphasizes as essential to ensuring the amendments’ effectiveness. Strong collaboration between all stakeholders is necessary to address security challenges in an era of rapid technological change. Together, these efforts ensure the efficient implementation of the ATA while safeguarding constitutional rights and due process. These amendments reaffirm the ATC’s commitment to combating terrorism effectively and enhancing the law’s responsiveness to emerging threats and modern challenges.

The Council assures the public of its dedication to transparency and accountability in the implementation of the law. The amended IRR will serve as the operational guide for all stakeholders tasked with enforcing the Anti-Terrorism Act of 2020.