Digital Account Ownership and Turnover Act (Proposed)

EXPLANATORY NOTE

In the digital age, many political aspirants rely on volunteers or hired teams to manage their social media accounts and online campaigns. While this practice is convenient for non-technical candidates, it creates vulnerabilities in ownership and control. There have been reported cases where, after the elections, a candidate was locked out of their own social media account — originally created in their name — because the volunteer in charge changed the password and email credentials without consent.

The Digital Account Ownership and Turnover Act seeks to protect the rightful owner of any social media or digital platform created in connection with their name, likeness, or political candidacy. Any volunteer, campaign staff, or third-party digital handler shall be legally required to turn over full access — including passwords and linked recovery information — upon request by the owner. Refusal to comply shall be deemed an act of unauthorized control over a political identity or public figure’s digital property.

This law recognizes digital platforms as extensions of one’s political identity and intellectual property. Just as campaign posters or official documents cannot be withheld or altered without authorization, the same principle must apply to online spaces bearing a candidate’s name, face, or message. Volunteers and digital aides shall be viewed as temporary stewards — not owners — of any account tied to a candidate’s public service intent.

The law is grounded in the spirit of Republic Act No. 9418 or the Volunteer Act of 2007, which defines volunteerism as a selfless service performed without expectation of material gain. If the digital handler is acting under the assumption of volunteerism, then they have no legal or moral right to assert control over the digital property of the candidate. Upon the owner’s request, turnover must be prompt, complete, and unconditional.

The proposed Act ensures smooth post-election transitions and protects candidates from digital hijacking. It upholds the principle that a political aspirant’s digital identity belongs to them, not to those temporarily entrusted to manage it. Enacting this law will set a precedent for accountability, safeguard reputations, and preserve the integrity of political expression in the digital age.

REPUBLIC ACT NO. XXXX

AN ACT ESTABLISHING THE OWNERSHIP RIGHTS OF POLITICAL CANDIDATES AND PUBLIC FIGURES OVER DIGITAL ACCOUNTS CREATED IN CONNECTION WITH THEIR NAME, OR POLITICAL CAMPAIGN, MANDATING THE PROMPT TURNOVER OF SUCH ACCOUNTS BY DIGITAL HANDLERS, AND FOR OTHER PURPOSES

Section 1. Short Title.

This Act shall be known as the “Digital Account Ownership and Turnover Act of 2025”.

Section 2. Declaration of Policy.

It is hereby declared the policy of the State to protect the integrity, security, and rightful ownership of digital properties associated with political candidates and public figures. In the digital era, online platforms serve as extensions of public identity and political expression. To ensure a smooth post-election transition and prevent misuse or hijacking of such accounts, the law affirms the candidate’s ownership and mandates the unconditional turnover of digital access by campaign volunteers, staff, or third-party handlers upon request.

Section 3. Definition of Terms.

For the purposes of this Act, the following terms shall mean:

1. Candidate - Any individual officially running for public office, including aspirants and incumbents.
2. Digital Property - Any online account, website, page, or communication platform created using the candidate’s name, likeness, or political message, including but not limited to Facebook, Instagram, X (formerly Twitter), YouTube, websites, blogs, and email accounts.
3. Handler - Any individual or group managing a candidate’s digital property, whether as paid staff, volunteer, consultant, or third-party service provider.
4. Turnover - The process of transferring full administrative access, including all passwords, recovery settings, and email credentials, from the handler to the rightful owner.
5. Unauthorized Control - Any act of withholding, altering, locking, deleting, or transferring digital properties without the consent of the candidate or owner.
6. Volunteerism - As defined under The Volunteer Act of 2007 or Republic Act No. 9418, the act of rendering selfless service without expectation of material gain.

Section 4. Scope of Application.

This Act shall apply to all individuals or organizations managing digital properties on behalf of any candidate or public figure, whether under formal employment, contractual agreement, or voluntary arrangement.

Section 5. Recognition of Digital Ownership.

All digital properties created in connection with a candidate’s campaign, name, or likeness are presumed to be the intellectual and political property of the candidate. Handlers, regardless of status or compensation, shall not claim ownership of any account they have managed temporarily.

Section 6. Mandatory Turnover of Digital Access.

Upon written request by the candidate or their authorized legal representative, all digital handlers must:

1. Surrender administrative access and control of all associated platforms;
2. Provide all login credentials, recovery emails or phone numbers, and authentication devices;
3. Remove their own or third-party administrative roles unless retention is expressly authorized; and
4. Turnover must be completed within seven (7) calendar days from receipt of the request.

Section 7. Prohibited Acts.

The following acts are prohibited under this Act:

1. Refusal to turn over digital properties upon request;
2. Changing passwords or access settings without express consent;
3. Deleting or sabotaging content owned by the candidate;
4. Claiming ownership or using the account for personal or financial gain; and
5. Transferring control to a third party without written authorization.

Section 8. Penalties.

Any person found guilty of violating this Act shall be liable to the following penalties:

• First Offense - Fine of ₱50,000 and mandatory return of digital property
• Second Offense - Imprisonment of six (6) months to one (1) year and/or a fine of ₱100,000
• Third Offense - Imprisonment of one (1) to three (3) years and a permanent ban from involvement in any future political campaign

Civil damages may also be pursued by the aggrieved party. In cases involving public officials, administrative sanctions may also apply.

Section 9. Implementing Rules and Regulations.

Within sixty (60) days from the effectivity of this Act, the Department of Information and Communications Technology (DICT), in coordination with the Commission on Elections (COMELEC) and the National Privacy Commission (NPC), shall promulgate the necessary implementing rules and regulations (IRR), including:

• Turnover protocols and forms
• Standard language for volunteer and employment agreements
• Digital evidence submission procedures
• Complaint, reporting, and enforcement mechanisms

Section 10. Separability Clause.

If any provision of this Act is declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.

Section 11. Effectivity Clause.

This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.