Fake News Accountability and Information Integrity Act

Senate office of the secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 SEP 10 P6:33 First Regular Session RECEIVED BY SENATE S. No. 1380 INTRODUCED BY SENATOR IV EJERCITO AN ACT PENALIZING THE MALICIOUS AND DELIBERATE DISSEMINATION OF FALSE INFORMATION THAT UNDERMINES PUBLIC ORDER OR NATIONAL SECURITY, STRENGTHENING REGULATIONS ON FAKE NEWS THROUGH DIGITAL PLATFORMS, AND FOR OTHER PURPOSES EXPLANATORY NOTE The right to freedom of speech, of expression, and of the press, guaranteed under Section 4, Article III of the 1987 Constitution, is a pillar of democratic governance. However, as the Supreme Court held in Chavez v. Gonzales (2008), this right is not absolute. Certain categories of speech, such as obscenity, defamation, incitement to violence, false advertising, and speech that poses a clear and present danger to public order or national security, are not entitled to constitutional protection. Our country is especially vulnerable to the threats of disinformation, due to our young democracy, high digital engagement and history of political manipulation through social media.' Since the advent of social media platforms, the spread of fake news, particularly through digital platforms has emerged as a serious threat to public trust, democratic institutions, and national stability. According to studies, the Philippines was home to 90.8 million social media user identities, which equates to a staggering 78% of our population.? With the Philippines consistently ranking high in 1 Schipper, T. (2025). Disinformation by design: leveraging solutions to combat misinformation in the Philippines' 2025 election. 2DataReportal. (2025). Digital 2025: The Philippines.

global rankings in terms of online penetration. Existing laws, including Article 154 of the Revised Penal Code and Republic Act No. 10175 or the Cybercrime Prevention Act, do not adequately address the evolving nature and impact of malicious disinformation campaigns. These falsehoods, often disseminated at scale through social media or AI- generated content like deepfakes, have the power to incite confusion, manipulate public perception, and provoke civil unrest, often with the ultimate goal of corroding societal stability in democratic societies. 3 This bill seeks to respond to these challenges by criminalizing the deliberate and malicious creation or dissemination of false or misleading information that is presented as fact and causes or is likely to cause public harm. In doing so, the measure aims to protect public order and national security from destabilizing content designed to mislead, manipulate, or incite. Respecting Constitutional safeguards on free speech, this measure also explicitly excludes satire, parody, personal opinions, honest mistakes, and good-faith reporting. Judicial safeguards, including access to legal remedies and appellate review, are built into the enforcement process, and periodic oversight ensures accountability and prevents abuse. By striking a balance between protecting freedom of expression and addressing the dangerous consequences of intentional disinformation, this measure affirms the values of both liberty and responsibility in a modern, democratic society. In view of the foregoing, immediate passage of this measure is earnestly sought. JV EJERCITO 3 Dunn Cavelty, M., & Wenger, A. (Eds.). (2022). Cyber security politics: Socio- technological transformations and political fragmentation.

Senate Office of the seamary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 SEP 10 P6:33 First Regular Session SENATE RECEIVED BY. S. No. 1380 INTRODUCED BY SENATOR JV EJERCITO AN ACT PENALIZING THE MALICIOUS AND DELIBERATE DISSEMINATION OF FALSE INFORMATION THAT UNDERMINES PUBLIC ORDER OR NATIONAL SECURITY, STRENGTHENING REGULATIONS ON FAKE NEWS THROUGH DIGITAL PLATFORMS, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. -This Act shall be known as the "Fake News Accountability

2 and Information Integrity Act."

SEC. 2. Declaration of Policy. - The State upholds the freedom of speech, of

5 expression, and of the press under Section 4, Article III of the 1987 Constitution. However, it also recognizes the increasing threat posed by the intentional 7 dissemination of false information, especially through digital and social media platforms, which may endanger public safety, erode democratic institutions, and threaten national security. This Act seeks to deter and penalize such conduct, consistent with constitutional protections and human rights standards.

SEC. 3. Definition of Terms. - As used in this Act:

a. Fake News refers to 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;

b. Disinformation refers to false information intentionally spread to deceive, manipulate, or influence public perception, behavior, or policy; c. Social Media Platforms refers to websites, mobile applications, or other digital systems enabling users to create, share, or disseminate content, including but not limited to Facebook, YouTube, TikTok, Instagram, X (formerly Twitter), and other similar networks; d. Cyber-Enabled Dissemination refers to the use of internet-enabled technologies and platforms to commit acts penalized under this Act, including through bots, trolls, or coordinated inauthentic behavior; e. Malicious Intent refers to the deliberate or reckless disregard for truth, with the purpose of causing harm, panic, hatred, violence, or undermining trust in institutions.

SEC. 4. Prohibited Acts. - It shall be unlawful for any person to:

a. Knowingly and maliciously publish or disseminate, through any medium including print, broadcast, or digital and social media, any fake news or disinformation as defined in Section 3; b. Create, operate, or finance troll farms, bot networks, or coordinated campaigns specifically aimed at spreading fake news. c. Disseminate fake news or disinformation that incites violence, promotes hate speech, discredits democratic institutions, or may cause public panic or disorder; d. Facilitate or allow the use of social media platforms or accounts to repeatedly and systematically engage in the conduct described above.

SEC. 5. Cybercrime Linkage. - When the offense under this Act is committed

through computer systems or digital networks, the provisions of the Cybercrime Prevention Act of 2012 (RA 10175) shall apply as a suppletory, particularly on: a. Jurisdiction and venue; b. Preservation and disclosure of computer data c. Real-time collection of traffic data; d. Cooperation with service providers; and e. Law enforcement authority.

SEC. 7. Penalties. - All offenses punishable under Article 154 of the Revised Penal

2 Code that are committed through information and communications technologies or 3 digital platforms shall be prosecuted under this Act, subject to higher penalties and the procedural provisions of RA 10175. Where applicable, the offender may be 5 prosecuted under both this Act and Article 154, provided that the constitutional prohibition against double jeopardy is not violated.

SEC. 8. Aggravating Circumstances. - The maximum penalty shall be imposed if

8 any of the following aggravating circumstances are present: a. The offense endangers or undermines national security, public safety, or diplomatic relations; b. The fake news relates to or interferes with elections, public health emergencies, disaster response, or peace negotiations; c. The offender is a public officer, elected official, journalist, or social media influencer with 50,000 or more followers or subscribers, who knowingly leverages their platform to spread disinformation; d. The act is committed using automated or coordinated digital systems, including the use of troll farms, bots, or sock puppet networks; e. The fake news is disseminated with the direct or indirect aid of a foreign government, foreign entity, or foreign individual, including financial, logistical, technical, or cyber infrastructure support, with the intent or effect of influencing public opinion, destabilizing institutions, or undermining democratic processes.

SEC. 9. Exceptions. - This Act shall not apply to:

a. Clearly labeled satire, parody or editorial content; b. Personal opinions or interpretations that do not claim to state factual assertions; c. Honest mistakes made without malicious intent; d. News reporting or academic discourse made in good faith and with reasonable verification of sources.

SEC. 10. Judicial Recourse and Appeals. - All prosecutions under this Act shall be

filed in the Regional Trial Court of the province or city where the offense was committed, or where the content was first accessed or downloaded. In all such proceedings, the following rights and remedies shall likewise apply: a. The accused shall be entitled to legal counsel, to confront witnesses, and to a fair and public trial under the Rules of Court. b. Convicted persons may appeal to the Court of Appeals and, where warranted, to the Supreme Court, in accordance with the Rules of Criminal Procedure. c. Injunctive relief or constitutional remedies (e.g., habeas corpus, amparo, certiorari) may be sought by the accused if the enforcement of this Act results in violation of fundamental rights. d. The Commission on Human Rights (CHR) may provide legal and monitoring assistance in cases alleging abuse of this Act for political or retaliatory purposes.

SEC. 11. Designation of Liaison Officers by Social Media Platforms. - All social

media platforms operating within the Philippines or providing services to users in the Philippines shall designate a duly authorized liaison officer to the Department of Information and Communications Technology (DICT). a. The Liason Officer shall serve as the official point of contact for matters involving: 1. Compliance with this Act and other cyber-related laws; 2. Coordination on takedown or moderation requests involving malicious disinformation that threatens national security or public order; 3. Emergency responses during critical events such as elections, disasters, or public health crises; 4. Reporting obligations and transparency measures as may be required by the DICT or Congress.

b. Social media platforms shall submit to the DICT: 1. The full name and contact information of the designated liaison; 2. Updates to the designation within fifteen (15) days of any change; 3. An annual report on the platform's enforcement actions related to disinformation targeting Filipino users. c. The DICT, in consultation with stakeholders, shall issue guidelines for the registration, responsibilities, and performance evaluation of designated liaisons within sixty (60) days from the effectivity of this Act.

SEC. 11. Oversight Provision. - There is hereby created a Joint Congressional

11 Oversight Committee, composed of five (5) members from the Senate and five (5) members of the House of Representatives, to conduct a regular review and implementation this Act, review enforcement procedures for potential abuse or overreach; and submit a triennial report with recommendations for amendment or repeal, if warranted.

SEC. 12. Separability Clause. - If any provision of this Act is declared

unconstitutional, the remaining provisions shall remain valid and in effect.

SEC. 13. Repealing Clause. - All laws, decrees, executive orders, rules and

19 regulations, and other issuances or parts thereof inconsistent with the provisions of 20 this Act are hereby repealed or modified accordingly.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,