Social Media Transparency Act

- : senate Offier of the Ser.ctarp TWENTIETH CONGRESS OF THE / REPUBLIC OF THE PHILIPPINES First Regular Session 25 OCT -6 P2:39 SENATE S.B. No. 1441 RECEIVED BY: INTRODUCED BY SENATOR VICENTE C. SOTTO III THE SOCIAL MEDIA FAIRNESS AND ALGORITHMIC TRANSPARENCY ACT OF 2025 EXPLANATORY NOTE In the twenty-first century, social media platforms have become the new public square. They dictate what billions of people see, believe, and act upon. Algorithms built for engagement and profit increasingly act as invisible editors, amplifying certain voices while silencing others, often without accountability or transparency. Recent years have shown how unchecked algorithmic amplification has fueled political polarization, enabled the spread of disinformation, and undermined trust in democratic institutions. Elections in various countries have been distorted by false narratives spread virally through social media. Public health crises have been exacerbated by conspiracy theories reaching millions faster than facts. Hate speech and foreign interference have inflamed tensions and, in some tragic cases, contributed to real-world violence. At the same time, traditional journalism is struggling to compete with sensationalist content, leaving citizens exposed to rumor over fact. Citizens deserve not only free expression but also fair and open access to valid information that allows them to make informed decisions. Democracy cannot thrive if truth is drowned out by algorithmic manipulation and if political discourse is filtered by hidden, profit-driven formulas. It is therefore imperative for the State to ensure that algorithmic systems governing social media are transparent, fair, and accountable. Platforms must treat all political viewpoints equally, prioritize verified journalism, and cooperate with independent fact-checkers when political content reaches levels of virality that may impact democratic processes. VICENTE C. SOTTO III

Senate Offire of the sern tai TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 OCT -6 P2:39 SENATE S.B. No. 1441 RECEIVED BY: INTRODUCED BY SENATOR VICENTE C. SOTTO III THE SOCIAL MEDIA FAIRNESS AND ALGORITHMIC TRANSPARENCY ACT OF 2025 Be 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 "Social Media

Transparency Act of 2025."

Section 2. Declaration of Policy- The State affirms its duty to safeguard

democratic participation, protect citizens from disinformation, and uphold freedom of speech in the digital age. Social media platforms shall be held accountable for how their algorithms shape political discourse. The State shall: a. Ensure equal and fair distribution of political content regardless of ideology; b. Protect citizens' right to access verified and credible journalism; c. Mandate transparency and accountability in algorithmic systems; d. Compel collaboration between social media platforms and fact-checking organizations; 13 e. Prevent foreign political interference through social networks.

Section 3. Definitions- For the purposes of this Act, the following terms

shall have the meanings hereunder set forth: a. Social Media Platform refers to any online service, website, or application operating within the jurisdiction of the Republic of the Philippines that: (i) enables users to create, upload, share, or disseminate user- generated content, including but not limited to text, images, videos, and live broadcasts; (ii) allows for the interaction of users through features such as likes, comments, shares, or similar mechanisms; and (iii) employs algorithmic or automated systems to curate, rank, or recommend content for display to users.

For the purpose of this Act, a platform shall be deemed covered if it has at least one million (1,000,000) monthly active users in the Philippines, regardless of whether its principal place of business is located within or outside the country. (b) Political Content refers to any content, whether organic or sponsored, that directly or indirectly concerns: (i) political parties, coalitions, movements, or organizations; (ii) candidates for public office or elected officials; (iii) public policy, legislation, or governance matters; (iv) issues of national or local interest that are subjects of political debate; (v) electoral campaigns, referenda, plebiscites, or recall processes. For the avoidance of doubt, political content shall include both user- generated posts and paid political advertisements, but shall not include satire, parody, or bona fide journalistic reporting by accredited news agencies. (c) News Content refers to information, reports, or journalistic material produced by recognized news agencies or media organizations that adhere to established standards of journalism, editorial oversight, and accountability. News content shall not include editorial articles expressing the views and 20 opinions of the individual authors. (i) For recognition, the agency must be accredited by the Kapisanan ng mga Brodkaster ng Pilipinas (KBP), the Philippine Press Institute (PPI), or any successor body recognized by law; (ii) International news organizations with established credibility and foreign bureau operations in the Philippines shall also be included. News content shall have a presumption of credibility and shall be over algorithmically prioritized ordinary political content from unauthenticated users or pages.

(d) Algorithmic Ranking System refers to any automated, computational, or machine-learning process deployed by a social media platform that: (i) determines the order, visibility, or prominence of content presented to users; (ii) recommends new content based on user data, behavior, or preferences; or (iti) influences the likelihood that a particular piece of content will be consumed, shared, or engaged with by users. This definition shall include recommender systems, news feed ranking models, trending topic algorithms, and "For You" or "Suggested" content modules. (e) Tagging refers to the explicit act of labeling or classifying content by the platform, whether by automated detection or human moderation, in order to disclose its nature to users and regulators. Examples include but are not limited to: (i) labeling posts as "Political Content - Algorithmically Classified"; (ii) marking verified media as "News Content - Authoritative Source"; or (iii) designating disputed information as "Fact-Checked - Disputed Claim." (iv) labeling in simplified Filipino or other applicable dialects; (v) labeling posts as "Paid Political Advertisement" if applicable. Tagging shall be prominently displayed to users in a manner that is clear, visible, and understandable. (f) Foreign Political Interference refers to any coordinated, deliberate, or systematic attempt by foreign individuals, organizations, or state-linked entities to manipulate, distort, or influence the distribution of political content in the Philippines through social media platforms. This includes but is not limited to:

+• (i) the operation of coordinated inauthentic networks, troll farms, or bot accounts; (ii) the purchase of political advertisements on behalf of foreign interests; (iii) the use of disinformation campaigns aimed at influencing electoral processes or political outcomes; and (iv) the covert amplification of content designed to destabilize public trust in democratic institutions. (g) Fact-Checking Organization refers to an independent, non-partisan entity accredited either by international fact-checking bodies (such as the International Fact-Checking Network) or recognized Philippine media organizations, whose primary function is to evaluate, verify, and publicly communicate the accuracy of claims, political statements, or content circulating on digital platforms. (h) High Virality or Engagement refers to content that achieves an unusually high level of user interaction-such as views, shares, comments, reactions, or watch time-within a limited period of time, as determined by threshold criteria to be defined in the Implementing Rules and Regulations (IRR). Political content meeting these thresholds shall automatically be escalated for independent fact-checking.

Section 4. Obligations of Social Media Platforms

(a) Detection and Tagging of Political Content (i) All covered social media platforms shall deploy artificial intelligence tools, content classifiers, and human moderation systems to identify political content as defined under Section 3 of this Act. (ii) Each item of political content shall be clearly tagged with a visible label stating: "Political Content - Algorithmically Classified."

(iii) Such tagging shall be conspicuously displayed to users at the top of the content, and must be viewable on all device types, including mobile applications and web browsers. (iv) Platforms shall ensure that the process of tagging political content is auditable, with documented thresholds, rules, and methodologies made available to regulators. (b) Transparency of Algorithms (i) Platforms must submit to the National Telecommunications 9 Commission (NTC) and the National Privacy Commission (NPC) a comprehensive disclosure of the algorithms, models, and signals used to prioritize, rank, or suppress political content. (ii) These disclosures must include: (1) the weight given to engagement metrics such as likes, shares, comments, watch time, or reactions; (2) the manner in which negative signals (e.g. reports, downvotes) are applied; (3) the parameters for demotion or suppression of content; and (4) the process of integrating user profiling into content distribution. (iii) A simplified, human-readable explanation of these systems must be published and accessible to all users, outlining how their feeds are curated. (iv) Any subsequent changes to algorithms materially affecting the distribution of political content shall be reported to regulators within seven (7) days of deployment. (c) Equal Treatment of Viewpoints

(i) Platforms shall not design, deploy, or modify algorithms in a manner that suppresses, downranks, or amplifies political content based on ideology, political party, or belief system. (ii) Equal treatment applies to organic posts, political ads, and community discussions. (iii) Algorithmic audits must verify that political content across the spectrum has equal opportunity for distribution and reach, subject only to content moderation standards relating to incitement of violence, hate speech, or unlawful activity. (iv) Any complaint of partisan suppression shall be investigated by the NTC and, where relevant, by the Commission on Elections (COMELEC) during election periods. (d) Promotion of Reputable News Content (i) Content from accredited, reputable news agencies shall be algorithmically prioritized above political content generated by ordinary users, influencers, or unauthenticated pages. (ii) Platforms must maintain a registry of accredited news sources, validated by journalism associations and regulators, from which content is automatically recognized as "Verified News." (iii) News content shall appear in prominent locations of feeds, such as top story sections, trending areas, or search results. (iv) Platforms shall also ensure that fact-based news reporting is not outcompeted by viral misinformation in recommendation systems. (e) Mandatory Fact-Checking Partnerships (i) Platforms must maintain active partnerships with at least two independent fact-checking organizations accredited by international or national media bodies.

(ii) When political content reaches thresholds of high virality or abnormal engagement, platforms are required to: (1) immediately escalate such content to their partnered fact- checkers; (2) suspend algorithmic amplification of the content until fact- checking is complete; (3) visibly mark such content with the label: "Under Review - Fact-Checking in Progress." (iii) If fact-checkers determine the content is misleading or false, the platform must: (1) mark the content as "Fact-Checked - Disputed Information"; (2) provide direct links to verified corrections, news reports, or explanatory articles; and (3) notify users who have already shared or interacted with the disputed content of the fact-check results. (4) Platforms shall submit quarterly reports to regulators detailing: the number of political posts escalated to fact- checkers, the outcomes of such reviews, and the remedial measures taken. (f) Election Period Safeguards (i) During official election periods as declared by the COMELEC, platforms must: (1) provide real-time transparency reports on political advertising, including funding sources and audience targeting; (2) enable COMELEC to request immediate removal or labeling of unlawful or malicious political content;

(3) establish a 24/7 liaison office for coordination with COMELEC and fact-checking organizations. (ii) No platform shall allow foreign-funded political advertisements during Philippine election periods. (iii) All algorithmic updates that may affect election-related content shall be frozen or disclosed at least sixty (60) days before the start of an election period. (g) Protection Against Foreign Interference (i) Platforms are required to actively detect and disrupt: coordinated inauthentic behavior, troll farm operations, bot networks, and content linked to foreign state-backed disinformation campaigns. (ii) Any detection of such interference must be reported to the Department of Justice (DOJ) and the COMELEC within forty-eight (48) hours of discovery. (iii) Platforms must preserve data and provide access to Philippine authorities for investigation of foreign political interference. (iv) Repeated failure to prevent or disclose foreign interference may subject a platform to enhanced audits, higher fines, and potential suspension of operations.

Section 5. Enforcement Mechanisms

(a) Regulatory Oversight: The National Telecommunication Commission (NTC), the National Privacy Commission (NPC), the Department of Information and Technology (DICT) and the Commission on Elections (COMELEC) shall coordinate for the proper enforcement of this Act. (b) Independent Audits: Platforms must undergo annual third-party audits of algorithmic fairness, political neutrality, and fact-checking compliance. (c) Public Reporting: Quarterly transparency reports must disclose metrics on tagged political content, news prioritization, fact-check escalations, and instances of detected foreign interference.

Section 6. Penalties- Any covered social media platform that fails to

comply with any provision of this Act, shall be subject to the following administrative penalties, without prejudice to any civil or criminal liability 4 under existing laws: a. An administrative fine of not less than One Million Pesos (P1,000,000) but not exceeding Twenty Million Pesos (P20,000,000) for each act of non- compliance, concealment or false reporting, depending on the gravity and frequency of the violation; 9 b. A daily fine of not more than One Hundred Thousand Pesos (P100,000) for 10 each day of continuing violation after due notice; c) Suspension or revocation of operations or disabling of recommendation systems for repeated violations

Section 7. International Cooperation- The Department of Foreign Affairs

(DFA), in coordination with the Department of Justice (DOJ, shall enter into bilateral and multilateral agreements to ensure and encourage global platforms to comply with Philippine law, including recognition of fact- checking partnerships and cross-border enforcement.

Section 8. Safeguards for Free Speech- This Act does not criminalize

political expression. Tagging of content is for transparency, not censorship. Fact-checking shall not result in deletion of lawful speech but in disclosure and contextualization.

Section 10. Separability Clause.- If any provision of this Act is declared

unconstitutional, the remainder of this Act shall remain in full force and effect.

Section 11. Repealing Clause- All laws, decrees, orders, rules, and

regulations, or parts thereof inconsistent with this Act are hereby repealed, amended, or modified accordingly.

Section 12. Effectivity- This Act shall take effect immediately after its

publication in the Official Gazette or in two (2) newspapers of general circulation. 31 Approved,