The Anti-Terrorism Council (ATC) has approved amendments to the Implementing Rules and Regulations (IRR) of the Anti-Terrorism Act of 2020 (ATA), clarifying protected speech and updating provisions on detention, financial exemptions, and data retention.
Adopted through Resolution No. 68, Series of 2024, the amendments refine the ATA’s implementation while upholding constitutional rights by ensuring that advocacy, protests, and expression are not misclassified as terrorism and clarifying what constitutes a terrorist act.
“The amendments provide clearer guidelines that protect constitutional freedoms, such as the right to protest, while enhancing the law’s ability to combat terrorism effectively,” the ATC said in a statement.
The ATC clarified the scope of protected speech to prevent legitimate expression and peaceful assembly from being misinterpreted as terrorism, addressing concerns from the Supreme Court’s Calleja v. Executive Secretary ruling over vague ATA definitions.
Publication requirements have been updated for greater transparency and efficiency, with resolutions and designations now published digitally via the Official Gazette and ATC website, replacing newspaper announcements to ensure real-time access and reduce delays.
Financial provisions now allow humanitarian exemptions on frozen assets, with the Anti-Money Laundering Council (AMLC) determining necessary amounts for family needs, legal fees, and medical expenses, balancing humanitarian concerns with national security.
The amendments revise detention protocols to ensure due process, requiring law enforcement to notify courts, the Commission on Human Rights (CHR), and relevant bodies within 24 hours of an arrest for greater oversight and accountability.
Telecommunications and internet service providers (ISPs) must now preserve data upon notice to assist law enforcement in tracking and investigating terrorist activities, strengthening the ATA’s enforcement while respecting data privacy laws.
Furthermore, the ATC highlighted the importance of coordination between various government agencies, including the AMLC, Department of Justice, and Department of National Defense, in implementing the amendments.
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