Anti-false Content and Fake News Act

TWENTIENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -7 A11:06 SENATE S.B. No. 191 INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT PROHIBITING THE PUBLICATION AND PROLIFERATION OF FALSE CONTENT AND FAKE NEWS ON THE PHILIPPINE INTERNET, PROVIDING MEASURES TO COUNTERACT ITS EFFECTS AND PRESCRIBING PENALTIES THEREFOR EXPLANATORY NOTE In today's world, the internet is one of the main sources of news and other information of our countrymen from across all age groups. From news updates, class suspension announcements, public service announcement and other important information that must reach the public efficiently and effectively. However, the internet is plague with widespread false content and fake news that mislead the public and often causes damages and disruption of public order. Even legitimate media websites and accounts were targeted by impostors, to make the public believe that the false news was published by legitimate sources. Deep fake, manipulated and Al photos and videos circulate online causing confusion and sometimes fear and panic to the viewers, thinking that the said contents are real. While it is true that freedom of expression and the press are protected rights, it is not absolute under all circumstances. This bill

aims to protect the true and legitimate freedom of expression and to protect the public from the deleterious effects of false and deceiving content online. The public deserves to be protected from malicious entities that seek refuge from the freedom of expression to evade liability. In view of the foregoing, the approval of this bill is earnestly sought. VICENTE C. SOTTO III , Senator

TWENTIENTH CONGRESS OF THE; REPUBLIC OF THE PHILIPPINES First Regular Session } JUL -7 A11:06 SENATE ASU .--r-.a S.B. No. 191 INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT PROHIBITING THE PUBLICATION AND PROLIFERATION OF FALSE CONTENT AND FAKE NEWS ON THE PHILIPPINE INTERNET, PROVIDING MEASURES TO COUNTERACT ITS EFFECTS AND PRESCRIBING PENALTIES THEREFOR Be enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 1 SECTION 1. Title. - This Act shall be known and referred to as the "Anti- False Content and Fake News Act". 3 SECTION 2. Declaration of Policy. - The State recognizes the vital role of 4 communication and information in nation-building. It shall be declared the policy of the State to protect the public from any misleading or false information that is being published and has become prevalent on the Internet. To this end, the State shall be proactive in preventing further It shall be 9 exploitation of online media platforms for such purpose. 10 committed to counteracting its concomitant prejudicial effects to public interest while remaining cognizant of the people's fundamental rights to 12 freedom of speech and freedom of the press.

SECTION 3. Definition of Terms. - Whenever used in this Act, the following

terms shall have the respective meanings as set forth hereafter: (a) Publication shall refer to the act of uploading content on an online intermediary with an intent to circulate particular information to the public; (b) Content shall refer to a text, image, audio recording, video, and animation published on the internet; (c) 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; (d) 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; (e) 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. (f) False Content and fake news shall refer to false stories that appear to be news, spread on the internet or using other media, usually created to influence political views, as a joke, to mislead the public by pretending to be factual or by pretending to be published by legitimate news entities. These are contents that are manipulated, fabricated or that the genuine sources are impersonated.

SECTION 4. Punishable Acts. - The following acts shall constitute the

offense punishable under 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) Financing an activity which has for its purpose the creation and/or publication of a content online containing information that is false or that would tend to mislead the public; (e) Non-compliance with any of the counteractive measures provided under Section 5 of this Act, whether deliberate or through negligence.

SECTION 5. Counteractive measures. - The Department of Justice (DOJ)

Office of Cybercrime shall have the authority to issue the following orders to restrain the commission of the offenses punished under this Act: (a) Rectification Order - an order directing the administrator of the online account or website that is either personal or fictitious, to issue a notice indicating the necessary corrections to the published content. Online intermediaries whose platform was used to publish the content can also be issued such Order. It would require the particular online

intermediary to issue a notice of correction informing all its users that the subject content contains misleading or false information. (b) Takedown Order - an order directing the owner or administrator of the online account or website that is either personal or fictitious, to take down the published content. (c) Block Access Order - an order directing the online intermediary to disable access by users to the published content. It is a remedy available in cases where there is a failure to comply with the Orders mentioned in paragraphs (a) and (b) of this Section due to the fault or negligence of the administrator or online intermediary, and in cases where rectification or taking down of the published content is proven to be technically impossible. These Orders shall only be issued when there is finding that the complaint filed to the DOJ Office of Cybercrime by an aggrieved party is valid and has sufficient basis. In matters affecting the public interest, the same office shall issue motu proprio the appropriate Order. The remedies provided herein are cumulative and the issuance of one shall not preclude or waive the right to use any or all other remedies.

SECTION 6. Preventive Takedown Order The DOJ Office of Cybercrime

may issue a preventive takedown order within twenty-four 24 hours from the filing of complaint if there is probable cause that the publication is false or fake to prevent continuous damage from further spreading.

SECTION 7. Appeal to Cancel the Order - The administrator of an online

account or website and the online intermediary who has been issued with any of the Orders under Section 5 hereof may file a verified petition for review with the Office of the Secretary of the Department of Justice within fifteen (15) days from receipt of the assailed Order.

1 SECTION 8. Liability under the Revised Penal Code and Cybercrime 2 Law. - Prosecution under this Act shall be without prejudice to any liability 3 or violation of any provision of the Revised Penal Code and Republic Act No. 4 10175 or the Cybercrime Prevention Act of 2012. 5 SECTION 9. Penalties. - Any person found guilty of the punishable act 6 under Section 4 (a) shall be punished with imprisonment of prision mayor or 7 a fine of not more than Three Hundred Thousand Pesos (Php300,000.00), or 8 both; 9 Any person found guilty of the punishable act under Section 4 (b) shall be 10 punished with imprisonment of prision mayor or a fine of not more than Five Hundred Thousand Pesos (Php500,000.00), or both; 12 Any person found guilty of the punishable act under Section 4 (c) shall be 13 punished with imprisonment of prision mayor or a fine of not more than Two 14 Hundred Thousand Pesos (Php200,000.00), or both; 15 Any person found guilty of the punishable act under Section 4 (d) shall 16 suffer the penalty of reclusion temporal or a fine not exceeding One Million 17 Pesos (Php 1,000,000.00), or both; 18 Any person found guilty of the punishable act under Section 4 (e) shall suffer the penalty of reclusion temporal or a fine not exceeding Two Million 20 Pesos (Php2,000,000.00), or both. In cases where the published content undermines the public interest, 22 the maximum period for the penalty of imprisonment shall be imposed. 23 SECTION 10. Jurisdiction. - The Regional Trial Courts shall have 24 jurisdiction over any violation of the provisions of this Act. Regardless of the 25 place of commission, a Filipino national who commits any of the offenses

1 defined under this Act shall be within the jurisdiction of the Philippine 2 courts. 3 SECTION 11. Law Enforcement Authorities. - The Cybercrime Division of 4 the Philippine National Police (PNP) and of the National Bureau of 5 Investigation (NBI) shall be responsible for the effective enforcement of the 6 provisions of this Act. 7 SECTION 12. Implementing Rules and Regulations. - The ICT-DOST, 8 Department of Information and Communications Technology (DICT), 9 Department of Justice (DOJ) Cybercrime Office, Philippine National Police 10 (PNP) Cybercrime Division and the National Bureau of Investigation (NBI) Cybercrime Division shall formulate the rules and regulations necessary for 12 its effective implementation within ninety (90) days from approval of this Act.

SECTION 13. 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.

SECTION 14. Repealing Clause. - All laws, decrees, rules and regulations

inconsistent with the provisions of this Act are hereby repealed or amended 19 accordingly.

SECTION 15. Effectivity. - This Act shall take effect fifteen (15) days after

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