Manila: Hefty jail time and multimillion-peso fines await those who deliberately spread falsehoods under a measure refiled in the House of Representatives. A media release on Tuesday stated that House Bill (HB) No. 3799 proposes penalties of six to 12 years' imprisonment and fines ranging from PHP500,000 to PHP2 million for individuals who are proven to have maliciously and intentionally published or disseminated fake news.
According to Philippines News Agency, the bill, authored by Cagayan de Oro City 2nd District Rep. Rufus Rodriguez and Abamin Party-list Rep. Maximo Rodriguez Jr., defines fake news as 'false or misleading information presented as fact or news, deliberately and maliciously disseminated to mislead the public, that may sow confusion, incite hatred or violence, or disrupt public order.' The bill differentiates disinformation as false information intentionally spread to manipulate or influence public perception, behavior, or policy.
In its explanatory note, the authors emphasized that 'the spread of fake news, particularly through digital platforms and artificial intelligence, has emerged as a serious threat to public trust, democratic institutions, and national stability.' While freedom of speech is guaranteed under the constitution, they noted that this right 'is not absolute,' especially when speech endangers public safety or national security.
Beyond the steep penalties, the bill introduces aggravating circumstances that could lead to the maximum sentence of 12 years' imprisonment or a PHP2 million fine. These aggravating circumstances include fake news that undermines national security or diplomatic relations, interferes with elections or disaster response, or is committed by public officials, journalists, or influencers with over 50,000 followers who knowingly exploit their platforms.
The measure also levies the maximum penalties on those who employ the automated or coordinated use of digital systems-including bots, trolls, or sock puppet networks. It treats as an aggravating circumstance any case where fake news is disseminated with the direct or indirect aid of a foreign government, foreign entity, or individual-including financial, logistical, technical, or cyber-infrastructure support-if the intent is to manipulate public opinion, destabilize institutions, or undermine democratic processes.
Another key provision ties the measure to the Cybercrime Prevention Act, triggering the full range of cybercrime authorities, including preservation of data, cooperation with service providers, and real-time collection of traffic data for offenses committed online.
To prevent abuse, the bill carves out exceptions for satire, parody, editorial content, personal opinions, honest mistakes, and good-faith reporting with reasonable verification of sources, ensuring these will not be penalized. Judicial safeguards, remedies, and appeals up to the Supreme Court are also incorporated into the law.
The measure mandates social media platforms to designate liaison officers with the Department of Information and Communications Technology. These officers will coordinate takedown requests, compliance with the law, emergency responses during crises, and reporting obligations to Congress. Platforms are required to submit annual reports on actions against disinformation targeting Filipino users.
To ensure accountability, a Joint Congressional Oversight Committee will be established to monitor the implementation of the law, review enforcement procedures for potential abuse, and submit reports recommending amendments or repeal if needed.
