Philippine Congress Takes Aim at Fake News with Proposed Legislation
MANILA – The Philippine House of Representatives is grappling with the pervasive issue of disinformation with the introduction of House Bill 3799, a proposed law designed to combat the spread of fake news. Filed on August 18, 2025, the bill seeks to penalize those who “knowingly and maliciously” create and disseminate false information, targeting perpetrators who utilize various mediums, including print, broadcast, and online platforms. This legislation comes as the Philippines, like many nations globally, confronts the escalating challenge of disinformation, particularly in the digital age.
The bill defines “fake news” as deliberately misleading information presented as factual news, with the intention to deceive the public. This includes content that could potentially incite violence, promote hatred, or disrupt public order. Crucially, the legislation differentiates between malicious disinformation and protected forms of expression, specifically excluding satire, parody, personal opinions, honest mistakes, and good-faith reporting from its purview. This distinction aims to protect freedom of speech while targeting deliberate acts of misinformation.
HB 3799 outlines a range of prohibited activities, including the creation and operation of “troll farms,” “bot networks,” and coordinated disinformation campaigns. It also prohibits the dissemination of fake news that incites violence, promotes hate speech, undermines democratic institutions, or causes public panic. Furthermore, the bill addresses the role of social media platforms, prohibiting the facilitation or allowance of accounts used for repeatedly and systematically spreading disinformation. This reflects the growing recognition of social media’s influence in the spread of fake news.
The proposed penalties for violating the bill are significant. Offenders face imprisonment ranging from six to twelve years and fines between P500,000 and P2 million. The bill further stipulates aggravating circumstances that could lead to the imposition of the maximum penalty. These include offenses that endanger national security, public safety, or diplomatic relations; fake news related to elections, public health emergencies, or disaster response; and instances where the offender is a public official, journalist, or social media influencer with a substantial following, leveraging their platform to spread misinformation. The inclusion of these aggravating circumstances reflects the potential for significant societal harm caused by disinformation.
The bill also addresses the increasingly sophisticated methods used to disseminate fake news, including the use of automated systems and foreign interference. Aggravating circumstances include instances where automated or coordinated digital systems were employed to spread disinformation and cases involving the assistance of foreign governments, entities, or individuals. This recognizes the transnational nature of disinformation campaigns and the potential for external actors to manipulate public discourse.
Representatives Rufus Rodriguez and Maximo Rodriguez Jr. are the proponents of HB 3799. Representative Rufus Rodriguez, notably, has a history of championing anti-fake news legislation, having filed similar bills in the previous 19th Congress. This continued effort highlights the persistent concern over the impact of disinformation on Philippine society and the ongoing legislative attempts to address the issue. The bill’s introduction marks another step in the Philippines’ legislative battle against fake news, reflecting a growing global trend of countries seeking legal frameworks to combat disinformation in the digital age. However, the bill is likely to face scrutiny regarding its potential impact on freedom of speech and the practical challenges of enforcing its provisions in the dynamic online environment.
The proposed legislation signals a growing recognition within the Philippine government of the urgent need to address the proliferation of fake news. While previous efforts have been made to combat disinformation, HB 3799 represents a more comprehensive approach, targeting not only the creation and dissemination of fake news but also the infrastructure and methods used to spread it. The inclusion of specific aggravating circumstances and substantial penalties underscores the seriousness with which lawmakers view this issue.
However, the bill is not without its challenges. Balancing the need to protect the public from the harmful effects of disinformation with the fundamental right to freedom of expression will be a key consideration as the bill progresses through the legislative process. Defining the precise boundaries of what constitutes “fake news” and ensuring that the law is not used to suppress legitimate dissent will be crucial. Furthermore, the enforcement of the proposed legislation in the vast and ever-evolving online landscape presents a significant practical hurdle. Identifying and prosecuting individuals or organizations involved in complex disinformation campaigns, particularly those operating across borders, will require significant resources and international cooperation.
The introduction of HB 3799 is likely to spark considerable debate within the Philippines and beyond. It represents a significant attempt to grapple with the complex challenges posed by disinformation in the digital age, and its progress will be closely watched by governments and civil society organizations around the world grappling with similar issues. The bill’s ultimate success will depend on its ability to effectively address the spread of fake news while safeguarding fundamental rights and navigating the complexities of the online world. The ongoing discussion surrounding this legislation highlights the crucial importance of finding a balance between protecting the public from the harms of disinformation and upholding freedom of expression in a democratic society.
