Anti-false Information Act

Senate Office of the Sunetary TWENTIETH CONGRESS OF THE JAN 15 P1:59 REPUBLIC OF THE PHILIPPINES First Regular Session SENATE RECEIVED BY: s. No. 1670 Introduced by Senator Raffy T. Tulfo AN ACT PROHIBITING THE PUBLICATION AND PROLIFERATION OF FALSE INFORMATION OR FAKE NEWS, ESTABLISHING MEASURES FOR FACT- CHECKING AND PLATFORM ACCOUNTABILITY, AND PRESCRIBING PENALTIES THEREFOR EXPLANATORY NOTE In the modern age, the internet has emerged as one of the principal sources of news and information for people of all ages. It serves as a vital platform for disseminating news updates, class suspension announcements, public service advisories, and other important information that must reach the public efficiently and effectively. Despite these benefits, the internet has become a breeding ground for false information or fake news that mislead the public and frequently cause harm and disturbances to public order. Legitimate media organizations and official online platforms have also been impersonated by malicious actors, leading the public to believe that fabricated reports originated from credible sources. Digitally altered, manipulated, and artificially generated images, audio recordings, and videos-commonly referred to as "deepfakes"-have proliferated across online platforms, creating confusion and, in certain instances, fear and panic among viewers who are led to believe that such content is genuine and authentic. While the Constitution guarantees freedoms of expression and of the press as fundamental rights, these freedoms are not absolute and may be subject to reasonable limitations in the interest of public order, public safety, and the protection of the rights of others. This legislative measure seeks to preserve and protect genuine and lawful

freedom of expression, while ensuring that the public is shielded from the harmful consequences of false, deceptive, and manipulated content disseminated through digital platforms. Furthermore, the State has a duty to protect the public from malicious individuals or entities from abusing the constitutional protection of free expression to evade legal responsibility. Accordingly, this measure aims to hold accountable those who deliberately create or circulate deceptive digital content that misleads the public, undermines trust in legitimate information sources, or causes harm to individuals and the community. In view of the foregoing, the approval of this bill is earnestly sought. RAFFY T. TULFOl

• Benare Office of the secretary TWENTIETH CONGRESS OF THE 26 JAN 15 PT :5 REPUBLIC OF THE PHILIPPINES ) First Regular Session ) RECEIVED BY: SENATE 70 S. No._ Introduced by Senator Raffy T. Tulfo AN ACT PROHIBITING THE PUBLICATION AND PROLIFERATION OF FALSE INFORMATION OR FAKE NEWS, ESTABLISHING MEASURES FOR FACT- CHECKING AND PLATFORM ACCOUNTABILITY, AND PRESCRIBING PENALTIES THEREFOR 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 "Anti-False Information

2 Act."

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

expression, and of the press under Section 4, Article Ill of the 1987 Constitution. However, 5 it also recognizes the increasing threat posed by the intentional 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. - For purposes of this Act, the following definitions

shall apply: a. False Information or Fake News any information that is fabricated, manipulated, or presented as fact, intending to mislead the public, which constitutes misinformation, disinformation or mal-information ("MDM");

• . b. Disinformation any information that is false, constituting a deliberate and intentional lie and the person who is disseminating it knows it is false; C. Misinformation any information that is false, incorrect or misleading but the person who is disseminating, without malicious intent, believes that it is true; d. Mal-information any information that is genuine or based on reality but it is used out of context or with malicious intent to inflict harm or damage on a person, organization or country; e. Fact-Checker an independent organization accredited to review, verify, and assess the accuracy of information disseminated in the public sphere; f. Digital Media Integrity Council (DMIC) an independent body tasked with overseeing the activities of fact-checkers, promoting best practices in information dissemination, and coordinating efforts to combat false content; g. Publication shall refer to the act of uploading content on an online intermediary with an intent to circulate particular information to the public; h. Content shall refer to a text, image, audio recording, video, and animation published on the internet; i. Online intermediary shall refer to a provider of service which displays an index of search results that leads the internet users to a specific online location, enables them to access contents originating from third parties, and allows them to upload and download content. It includes but is not limited to social networking sites, search engines, and video sharing sites; j. Public interest shall refer to anything that affects national security, public health, public safety, public order, public confidence in the Government, and international relations of the Philippines;

K. Fictitious online account or website shall refer to those that has an anonymous author or uses an assumed name in pursuing activities for the purpose of avoiding impunity; 1. Social Media Platforms refer 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.

Sec. 4. Prohibited Acts. - Subject to the provisions of Sec. 18 of R.A. 3815

(otherwise known as The Revised Penal Code), the following acts shall constitute violations of this Act: a. Creating and/or publishing on one's personal online account or website a content knowing or having a reasonable belief that it contains information that is false or that would tend to mislead the public; b. Use of a fictitious online account or website in creating and/or publishing a content knowing or having a reasonable belief that it contains information that is false or that would tend to mislead the public; c. Offering or providing one's service to create and/or publish a content online knowing or having a reasonable belief that it would be used to deceive the public, regardless whether it is done for profit or not; d. Failing to comply with orders from the DMIC regarding the rectification, removal, or blocking of false information or fake news; e. Obstructing or impeding the work of accredited fact-checkers or the DMIC in carrying out their responsibilities.

Sec. 5. Establishment of the Digital Media Integrity Council (DMIC).- The DMIC

shall be established as an independent body tasked with overseeing fact-checking activities and promoting best practices in combating false information or fake news and disinformation. Membership of the DMIC shall include representatives from: a. Department of Information and Communications Technology (DICT); b. Presidential Communications Office (PCO);

c. Department of Education (DepEd); d. Commission on Higher Education (CHED); e. Media Organizations (including both traditional and digital media); f. Digital Platforms (representatives of social media and online content platforms).

Sec. 6. Role and Responsibilities of Fact-Checkers.-

a. Accredited fact-checkers shall be responsible for verifying claims made in public discourse, particularly those that achieve significant viral spread on digital platforms; b. Fact-checkers shall issue public evaluations of the accuracy of claims and provide corrective information where necessary; C. Fact-checkers shall work in coordination with the DMIC and platforms to ensure proper labeling, correction, or removal of false information or fake news based on their determinations.

Sec. 7. Content Takedown and Rectification Process. - Upon verified identification

of false information or fake news, the DMIC may issue a rectification order instructing content owners to provide a correction alongside the original post or a takedown order requiring immediate removal of the false information or fake news. Online intermediaries must comply with DMIC directives within 48 hours and provide mechanisms for users to contest or appeal content moderation decisions.

Sec. 8. Protection of Free Speech and Legitimate Expression.- This Act shall not

be construed to suppress political opinions, satire, or artistic expression, provided such expressions do not constitute malicious falsehoods that could cause public harm.

Sec. 9. Responsibilities of Online Platforms.-

a. Platforms shall cooperate with the DMIC and accredited fact-checkers, establishing mechanisms for rapid reporting and rectification of false information or fake news. b. Platforms must maintain records of all content moderation actions, including removal and correction requests, to ensure transparency and accountability.

c. Platforms are encouraged to provide users with clear guidelines pertaining to content policies, including addressing false information or fake news.

Sec. 10. Penalties.- Any person found guilty of violating Section 4 shall suffer

imprisonment of six (6) years to twelve (12) years and a fine of not less than P500,000.00 but not more than P2,000,000.00 or both, at the discretion of the court. In accordance with prevailing rules, jurisdiction shall lie with the Regional Trial Courts (RTCs).

Sec. 11. Relation to Article 154 of the Revised Penal Code. - Offenses punishable

9 under Article 154 of the Revised Penal Code that are committed through information and communications technologies or digital platforms shall be prosecuted under this Act, subject to the higher penalties and the procedural provisions of R.A. No. 10175. Where applicable, the offender may be prosecuted under both this Act and Article 154, provided that the constitutional prohibition against double jeopardy is not violated.

Sec. 12. Separability Clause. - In case any provision of this Act is declared invalid

or unconstitutional, such declaration shall have no effect in the validity or constitutionality of the remaining provisions hereof.

Sec. 13. Repealing Clause. - All laws, decrees, rules and regulations inconsistent

with the provisions of this Act are hereby repealed or amended accordingly.

Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days after publication

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