Deepfake Regulation and Digital Identity Protection Act

Office rite TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session P1:55 25 JUL 29 SENATE RECEIVED S. No.. Introduced by Senator Bam Aquino AN ACT RECOGNIZING INDIVIDUAL RIGHTS OVER ONE'S LIKENESS AND IDENTITY, REGULATING THE CREATION AND USE OF DEEPFAKES THROUGH DISCLOSURE, CONSENT, AND PLATFORM ACCOUNTABILITY, PROVIDING REMEDIES AND PENALTIES THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE In this age of rapid technological advancement, artificial intelligence has opened up powerful new ways to create, communicate, and innovate. But with this power comes a growing risk, particularly with the rise of deepfakes, or Al-generated content that can mimic a person's face, voice, or identity with near-perfect realism. Artificial Intelligence can be used for good, like in education, creativity, or accessibility. But when misused, it can harm reputations, spread misinformation, and violate a person's dignity and privacy. We've already seen how these technologies can be weaponized in scams, politics, and harassment. This bill seeks to get ahead of the curve. It proposes a legal framework to regulate the creation and use of deepfakes, protect the Filipino public from non- consensual and malicious uses, and ensure transparency, accountability, and redress in cases of abuse. Specifically, this measure: • Recognizes every individual's right over their own image, voice, and identity, treating non-consensual deepfakes as a form of digital identity theft or exploitation; • Requires clear disclosure when synthetic or Al-generated content is published or shared; • Prohibits the use of deepfakes involving real people without their consent, especially for harmful or misleading purposes;

• Mandates digital platforms to take down reported deepfake content within 24 hours, with penalties for non-compliance; • And provides civil remedies for individuals whose likeness or identity has been violated. This legislation builds on global best practices, including Denmark's recent move to give citizens ownership over their own digital likeness. It also complements our ongoing efforts to modernize our digital policies and promote responsible innovation. We must harness technology for good: not to deceive or destroy, but to create and empower. This bill is a step toward building a digital future where rights are protected, and where real people remain at the center. In view of the foregoing, the passage of this bill is earnestly sought. Ban aquin

REPUBLIC OF THE PHILIPPINES REFIE OF THE HE PINHE First Regular Session JUL 29 P1:55 SENATE RECEIV. D 3Y S. No. 758 Introduced by Senator Bam Aquino AN ACT RECOGNIZING INDIVIDUAL RIGHTS OVER ONE'S LIKENESS AND IDENTITY, REGULATING THE CREATION AND USE OF DEEPFAKES THROUGH DISCLOSURE, CONSENT, AND PLATFORM ACCOUNTABILITY, PROVIDING REMEDIES AND PENALTIES THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled. 1 Section 1. Short Title. - This Act shall be known as "Deepfake Regulation and Digital 2 Identity Protection Act." 3 Sec. 2. Declaration of Policy. - The State recognizes that technological advances, such 4 as artificial intelligence, play a vital role in enabling digital innovation and promoting 5 inclusive growth. At the same time, it upholds every individual's fundamental right to privacy, dignity, and control their own likeness, voice, and identity. 7 Towards this end, the State shall promote the responsible and ethical use of artificial 8 intelligence (AI), prevent their malicious or exploitative use, and ensure that 9 individuals are protected against deception, defamation, harassment, and 10 unauthorized use of their image or voice in Al-generated content. 11 Sec. 3. Definition of Terms. - As used in this Act: 12 a) Deepfake refers to any synthetically generated or altered video recording, motion picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof:

1) which appears to realistically depict any speech or conduct of a person who did not engage in such speech or conduct; and 2) the production of which was substantially dependent upon technical means, rather than the ability of another person to physically or verbally impersonate such person; 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 Al System - refers to any system, too 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.

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, and moral rights, 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:

1 a) Request the immediate removal or takedown of such content from any platform, publisher, or media outlet; 3 b) Seek compensation for actual, moral, or exemplary damages resulting from reputational harm, emotional distress, loss of income, or unauthorized commercial or political exploitation; and 6 C) Initiate civil proceedings under relevant laws on privacy, defamation, intellectual property, or consumer protection. 8 Provided, That this shall be without prejudice to remedies available under Republic 9 Act No. 386 or the "Civil Code of the Philippines", Republic Act No. 10173 or the "Data 10 Privacy Act of 2012", Republic Act No. 10175 or the "Cybercrime Prevention Act of 2012", and other applicable laws. 12 Sec. 6. Deepfake Disclosure Requirement. - Any person who, using Al or a generative 13 AI 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 required to state the following disclosures: a) Audiovisual content. - Any deepfake that contains both an audio and a visual element shall include: 1) not less than 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 clearty 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 even such records exceeds two minutes in length, not less than 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 individual without their prior written or digital consent, where such deepfake: a) Is likely to cause harm, defame, deceive, harass, or exploit the person depicted; or 16 b) Is used in a misleading, unauthorized commercial, sexual, or political context. 17 Consent shall not be considered valid if obtained through fraud, coercion, or deception.

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

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

(DICT) shall impose the following penalties for any violation of this Act:

1 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 One Hundred Thousand Pesos (P100,000) for the first offense and Two Hundred Thousand Pesos (P200,000) for every subsequent offense. 5 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 One Hundred Thousand Pesos (P100,000) for the first offense and Two Hundred Thousand Pesos (P200,000) for every subsequent offense. 9 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) for the first offense, and up to Five Hundred Thousand Pesos (P500,000) 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. 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) for the first instance of non-compliance. 2) Subsequent offenses - Two Hundred Thousand Pesos (P200,000) per instance of non-compliance. Provided, That the imposition of fines under this Section shall be without prejudice to the filing of civil or criminal actions under other applicable laws. 26 Sec. 6. 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 (DOST) and the Department of Trade and Industry (DTT), shall promulgate the rules and regulations to fully implement the provisions of this Act.

... 1 Sec. 13. Separability Clause. - If, for any reason, any part or provision of this Act is 2 declared invalid or unconstitutional, the remaining parts or provisions not affected 3 thereby shall remain in full force and effect. 4 Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders, rules 5 and regulations contrary to or inconsistent with the provisions of this Act are hereby 6 repealed or modified accordingly. 7 Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 8 the Official Gazette or in a newspaper of general circulation. Approved,