Digital Likeness and Deepfake Regulation Act

Senate Office of the Berretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 JAN 27 P3:34 First Regular Session RECEIVED BY. SENATE S. No. 1714 Introduced by Senator Robinhood Padilla AN ACT SAFEGUARDING INDIVIDUAL LIKENESS, IDENTITY, AND PUBLICITY RIGHTS BY REGULATING THE CREATION AND USE OF DEEPFAKES THROUGH DISCLOSURE, CONSENT, AND PLATFORM ACCOUNTABILITY, AND PROVIDING REMEDIES AND PENALTIES THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The "Digital Likeness and Deepfake Regulation Act" seeks to address the rapidly evolving challenges posed by artificial intelligence (Al)-generated content, particularly deepfakes, while preserving the core values of individual rights and technological innovation. It is without a doubt that technological innovation has brought about significant opportunities for economic growth and societal progress; however, the same tools have also enabled the widespread creation and dissemination of realistic synthetic media that can facilitate fraud in turn harm individuals, distort public discourse on current events and undermine civil stability. In the Philippines, there is growing recognition of the risks associated with deepfake and AI-generated content. Government agencies, led by the Cybercrime Investigation and Coordinating Center (CICC) and the Department of Information and Communications Technology (DICT), have launched initiatives, including the deployment of Al-powered detection software and the establishment of multilateral monitoring centers, to combat Al-driven misinformation ahead of the 2025 national elections. These efforts underscore the critical threat that manipulated media poses to electoral integrity and public trust. Meanwhile, lawmakers and civil society have

urged legislative action to curb the spread of deepfakes, noting their disruptive effect on political processes and social cohesion. Recent high-profile cases, including AI- generated videos falsely showing public officials endorsing investment schemes or linking candidates to insurgent groups, illustrate how deepfake technology is being used to deceive the public, manipulate opinions, and interfere with democratic processes. These developments highlight the urgent need for a clear legal framework that balances innovation with protections for privacy, dignity, and identity. The proposed Act draws guidance from Senate Bill No. 758 and broader international discourse on AI governance. It aims to establish legal recognition of an individual's control over their digital likeness and to set standards for responsible use of Al technologies. A principal component of the bill is the regulation of deepfakes through mandatory disclosure requirements, consent frameworks, platform accountability, and clearly articulated civil remedies, ensuring victims can seek injunctive relief, damages, and content removal. In international policy making, Denmark is advancing legislation to regulate deepfakes and AI-generated content by amending its national copyright framework to grant individuals rights over their image, voice, and personal characteristics and to prohibit the public dissemination of deepfakes without prior consent. While not yet law, Denmark's proposal reflects a pioneering approach that treats digital likeness as a form of protected identity, strengthening personal agency in the digital age and offering a compelling international reference for the Philippine legislative effort. By establishing clear legal definitions, enforcement mechanisms, and penalties, this Act seeks to safeguard individuals from deception, exploitation, and harm caused by unauthorized Al-generated content, while promoting ethical Al use and protecting democratic processes. In doing so, it balances technological innovation with fundamental rights recognized under the Constitution, including the right to privacy, property, dignity, and personality, and strengthens the legal infrastructure needed to address emerging digital harms in the 21st century.

In view of the foregoing, the passage of this bill is earnestly sought.

Senalt Office of the secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 JAN 27 P3:34 First Regular Session SENATE RECEIVED BY S. No. 1714 Introduced by Senator Robinhood Padilla AN ACT SAFEGUARDING INDIVIDUAL LIKENESS, IDENTITY, AND PUBLICITY RIGHTS BY REGULATING THE CREATION AND USE OF DEEPFAKES THROUGH DISCLOSURE, CONSENT, AND PLATFORM ACCOUNTABILITY, AND PROVIDING REMEDIES AND PENALTIES THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Tide. - This Act shall be known as "Digital Likeness and

2 Deepfake Regulation Act."

Sec. 2. Declaration of Policy. - The State recognizes that technological

advances, such as artificial intelligence, play a vital role in enabling digital innovation 5 and promoting inclusive growth. At the same time, it upholds every individual's 6 fundamental right to privacy, dignity, and control their own likeness, voice, and 7 identity. The state shall also affirm the identities of individuals and communities as 8 protected rights, ensuring that their names and likenesses are held with respect and 9 good regard, not merely as a privilege but as a policy under the Constitution. Towards 10 this end, the State shall promote the responsible and ethical use of artificial intelligence 11 (AI), prevent their malicious or exploitative use, and ensure that individuals are 12 protected against deception, defamation, harassment, and unauthorized use of their 13 Image or voice in Al-generated content.

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

a) Deepfake - refers to any synthetic or manipulated audio, visual, or audiovisual content that is generated or materially altered using artificial intelligence or machine-learning techniques, such that it realistically depicts a real person's appearance, voice, speech, or actions, which the person did not actually perform or authorize, and which may mislead a reasonable observer into believing the content is authentic. b) Artificial Intelligence (AI) - refers to computerized methods and tools. Including but not limited to machine learning and natural language processing, that act in a way that resembles human cognitive abilities when it comes to solving problems or performing tasks; c) Generative AI System - refers to any system, tool or platform that uses artificial intelligence to generate, synthesize or manipulate video, audio, print or text content in a manner that may simulate human-like creation or substantially alter existing media. d) Identity - refers to any attribute of a natural person that distinctly identifies them, including but not limited to their name, nickname, image, portrait, photograph, pseudonym, moving image or video depiction, voice, signature, distinctive appearance, and other identifiable characteristics. e) Publicity Right - refers to the independent, freely transferable, licensable, and enforceable property right of every natural person to control and monetize the commercial use of their identity. It is also defined as the right of every natural person to control the commercial use of their identity, including their name, image, video, portrait, likeness, voice, and signature.

Sec. 4. Rights Over One's Likeness and Identity. - Every person shall have

exclusive rights over the use of their own image, voice, likeness, and identifiable personal attributes. These rights include protection against the use of such attributes by artificial intelligence, machine learning models, or other technologies to create, publish, or distribute synthetic or altered content, including deepfakes, without the person's express consent. Any such unauthorized production, reproduction,

modification, or public distribution of distributed synthetic or altered content shall constitute a violation of the individual's personality, privacy, publicity, and moral rights, 3 and shall give rise to civil liability under this Act and other applicable laws.

Sec. 5. Civil Remedies and Enforcement. - Any person whose likeness, image,

voice, or identity has been used or altered in violation of this Act shall have the right to: a) Request the immediate removal or takedown of such content from any platform, publisher, or media outlet, including the removal of duplicates, mirrors, reuploads, or substantially similar content; b) Seek compensation for actual, moral, or exemplary damages resulting from reputational harm, emotional distress, loss of income, or unauthorized commercial or political exploitation; c) Recover profits, benefits, or unjust enrichment derived by any person or entity from the unauthorized creation, distribution, or exploitation of such content, without prejudice to other available damages; and d) Obtain injunctive relief, whether temporary, preliminary, or permanent, to restrain the creation, reproduction, distribution, sale, publication, or further dissemination of the violative content. Provided, That the remedies under this Section shall be cumulative and without prejudice to remedies available under Republic Act No. 386 (Civil Code of the Philippines), Republic Act No. 10173 (Data Privacy Act of 2012), Republic Act No. 10175 (Cybercrime Prevention Act of 2012), Republic Act No. 8293 (Intellectual Property Code of the Philippines), and other applicable laws.

Sec. 6. Deepfake Disclosure Requirement. - Any person who, using Al or a

generative Al system, produces or distributes a deepfake with the intent to distribute it over the internet, or knowledge that such deepfake shall so be distributed, shall be 27 required to state the following disclosures: a) Audiovisual content. - Any deepfake that contains both an audio and a visual

element shall include: 1) at least one clearly articulated verbal statement that identifies the content as containing audio and visual elements that are Al-generated or altered, and a concise description of the extent of such alteration; 2) an unobscured written statement in clearly readable text appearing at the top of the image throughout the duration of the visual element that identifies the content as containing audio and visual elements that are Al- generated or altered, and a concise description of the extent of such alteration; and 3) a visible link, icon, or similar tool to signal that the content has been altered by, or is a product of, generative artificial intelligence or similar technology. b) Visual content. -Any deepfake that only contains a visual element shall include an unobscured written statement in clearly readable text appearing at the top of the image throughout the duration of the visual element that identifies the content as containing visual elements that have been Al- generated or altered, and a concise description of the extent of such alteration and a clearly visible link, icon, or similar tool to signal that the content has been altered by, or is a product of, generative artificial intelligence or similar technology. c) Audio content. - Any deepfake that only contains an audio element shall include, at the beginning of such record, a clearly articulated verbal statement that identifies the content as containing altered audio elements that have been Al generated or altered and a concise description of the extent of such alteration, and in the event such records exceeds two minutes in length, at least one additional clearly articulated verbal statement and an additional concise description at some interval during each two-minute period thereafter.

Sec. 7. Prohibited Use of Deepfakes Without Consent. - It shall be unlawful for

any person to knowingly create, produce, or distribute a deepfake that depicts a real 3 individual without their prior written or verifiable digital consent, where such deepfake: a) Is likely to cause harm, defame, deceive, harass, intimidate, or exploit the person depicted; b) Is used in a misleading, unauthorized, or deceptive commercial, advertising, endorsement, sexual, pornographic, or political context; c) Falsely attributes statements, conduct, beliefs, or affiliations to the person depicted that the person did not make, engage in, or endorse; d) Impersonates or simulates the identity of the person depicted for purposes of fraud, scams, identity theft, phishing, financial gain, or circumvention of safeguards; or e) Is disseminated in a manner designed to mislead the public, suppress or manipulate public opinion, or undermine public trust, including in matters affecting elections, public safety, or national security. Consent shall not be considered valid if obtained through fraud, coercion, misrepresentation, abuse of authority, or deception, or where consent is vitiated, withdrawn, or exceeded beyond its agreed scope or purpose.

Sec. 8. Responsibility of Digital Platforms and Takedown Requirements. - All

digital platforms operating in the Philippines, including social media services, video- sharing sites, audio-sharing sites, and content-hosting providers, shall: a) Establish accessible mechanisms for users to report deepfake content in violation of this Act; b) Remove or disable access to reported content within twenty-four (24) hours of receiving a complaint from the verified account of the person depicted or impersonated in the deepfake content, unless otherwise justified under applicable laws; and

'.. c) Maintain anonymized public logs of takedown actions and reporting data.

Sec. 9. Penalty. - The Department of Information and Communications

3 Technology (DICT) shall impose the following penalties for any violation of this Act: a) Non-Compliance with Disclosure Requirements. - Any person who fails to comply with the disclosure requirements under Section 6 of this Act shall be liable to a fine of Two Hundred Thousand Pesos (P200,000.00) for the first offense and Three Hundred Thousand Pesos (P300,000.00) for every subsequent offense; b) Tampering with Required Disclosures. - Any person who knowingly removes, alters, or tampers with the disclosures required under Section 6 of this Act shall be liable to a fine of Two Hundred Thousand Pesos (P200,000.00) for the first offense and Three Hundred Thousand Pesos (P300,000.00) for every subsequent offense; c) Unauthorized Use of Likeness. - Any person found to have knowingly created, published, or distributed a deepfake depicting a real person without their valid consent, in violation of Section 7 of this Act, shall be subject to a fine of Two Hundred Fifty Thousand Pesos (P250,000.00) for the first offense, and up to Five Hundred Thousand Pesos (P500,000.00) for aggravated or repeated offenses, without prejudice to the right of the aggrieved party to pursue civil damages under Section 5 of this Act or criminal liability under applicable laws; and d) Failure of Digital Platforms to Takedown Violative Content. - Digital platforms that fail to remove or disable access to content found to be in violation of this Act within twenty-four (24) hours after receiving a verified complaint shall be liable to the following administrative fines: 1) First offense - One Hundred Thousand Pesos (P100,000.00) for the first instance of non-compliance.

2) Subsequent offenses -Two Hundred Thousand Pesos (P200,000.00) per instance of non-compliance. 3 Provided, That the imposition of fines under this Section shall be without prejudice to 4 the filing of civil or criminal actions under other applicable laws.

SEC. 10. Implementing Rules and Regulations. - Within sixty (60) days from

the effectivity of this Act, the Department of Information and Communications Technology (DICT), in consultation with the Department of Science and Technology 8 (DOST), the Department of Trade and Industry (DTI), the Department of Justice 9 (DOJ), the National Privacy Commission (NPC), the Commission on Election 10 (COMELEC), and the Department of Education (DepEd), shall promulgate the rules and regulations to fully implement the provisions of this Act.

SEC. 11. Separability Clause. - If any clause, sentence, paragraph, or part of

13 this Act shall be declared invalid or unconstitutional, the other provisions not affected 14 thereby shall remain valid and subsisting.

SEC. 12. Repealing Clause. - All laws, presidential decrees or issuances,

executive orders, letters of instruction, administrative orders, proclamations, charters, rules or regulations and/or parts thereof contrary to or inconsistent with the provisions 18 of this Act are hereby repealed, modified, or amended accordingly.

SEC. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days

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