Cagayan de Oro Lawmaker Proposes Bill to Criminalize Malicious Spread of Fake News
Cagayan de Oro 2nd District Representative Rufus Rodriguez has introduced House Bill No. 11506, aiming to combat the escalating threat of disinformation and fake news by imposing criminal penalties on those who deliberately spread false information. Rodriguez emphasized the importance of safeguarding democratic processes and national security against the manipulative potential of online falsehoods, including AI-generated deepfakes and coordinated disinformation campaigns. The proposed law, he argues, is a crucial step in addressing the erosion of public trust and the potential for civil disorder fueled by the unchecked proliferation of fabricated content. While acknowledging the fundamental right to freedom of speech and expression, Rodriguez highlighted that this right is not absolute and must be balanced against the need to protect society from malicious falsehoods.
The bill specifically targets individuals who “knowingly and maliciously” disseminate false information, whether through print, broadcast, or digital platforms. It proposes prison sentences ranging from 6 to 12 years and fines between P500,000 and P2 million for those found guilty. The proposed legislation comes in the wake of the recent elections in Cagayan de Oro, which were significantly affected by a sophisticated disinformation campaign. Representative Lordan Suan of Cagayan de Oro’s 1st District described the campaign as relentless and technologically advanced, highlighting how fake news purveyors leveraged social media to manipulate public perception and discredit candidates.
To address concerns about potential abuse and ensure responsible enforcement, the bill includes provisions for a joint congressional oversight committee. This committee, comprising representatives from civil society and the media, would monitor the implementation of the law and safeguard against infringements on legitimate expression. Rodriguez emphasized the bill’s aim to strike a balance between protecting free speech and holding accountable those who weaponize falsehoods to disrupt public order and undermine democratic values. He believes the measure affirms the principles of both liberty and responsibility in the context of a modern democratic society grappling with the challenges of online disinformation.
The proposed legislation defines "fake news" as false or misleading information presented as factual news, intentionally and maliciously spread to deceive the public. Importantly, the definition excludes satire, parody, honest mistakes, and good-faith reporting, ensuring that legitimate forms of expression are not unduly restricted. "Disinformation" is defined as intentionally created or shared false content designed to deceive, manipulate, or influence public perception or policy. The bill also addresses "cyber-enabled dissemination," referring to the use of internet technologies like bots, trolls, and coordinated inauthentic behavior to spread such content. Social media platforms like Facebook, YouTube, TikTok, Instagram, X (formerly Twitter), and other digital networks are specifically covered under the proposed law.
A key element of the bill is its emphasis on establishing "malicious intent," meaning the deliberate or reckless disregard for truth with the aim of causing harm, panic, or undermining trust in institutions. This focus on intent is crucial in differentiating between genuine mistakes or misinterpretations and the deliberate propagation of falsehoods with harmful consequences. The bill outlines a range of prohibited acts, including knowingly and maliciously publishing or disseminating fake news or disinformation through any medium; creating, operating, or funding troll farms, bot networks, or coordinated campaigns to spread such content; spreading disinformation that incites violence, promotes hate speech, or discredits democratic institutions; and enabling the systematic use of social media platforms for these practices.
The proposed legislation represents a significant attempt to address the complex challenge of online disinformation, balancing the need to protect democratic processes and national security with the fundamental right to freedom of expression. The inclusion of an oversight committee aims to ensure responsible implementation and prevent the law from being used to suppress legitimate dissent or journalistic activities. The effectiveness of this legislation, if passed, will depend heavily on its enforcement and the ability of the judicial system to distinguish between genuine misinformation and protected forms of speech. The broader implications for online discourse and the future of information sharing in the Philippines remain to be seen. The bill is currently under consideration and will undergo further scrutiny and debate before a final decision is made. The outcome will significantly impact the legal landscape surrounding online information and the fight against disinformation in the Philippines.
