TWENTIBNTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES } 
First Regular Session 
}
SENATE 
S.B. No. 191
2b JiJL -7 All :06
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 AI 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 
}
25 Jill -7 All '-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
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-
2 
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
5 
policy of the State to protect the public from any misleading or false
6 
information that is being published and has become prevalent on the
7 
Internet.
8 
To this end, the State shall be proactive in preventing further
9 
exploitation of online media platforms for such purpose. It shall be
10 
committed to counteracting its concomitant prejudicial effects to public
11 
interest while remaining cognizant of the people’s fundamental rights to
12 
freedom of speech and freedom of the press.


1 
SECTION 3. Definition of Terms. - Whenever used in this Act, the following
2 
terms shall have the respective meanings as set forth hereafter;
3 
(a) Publication shall refer to the act of uploading content on an online
4 
intermediary with an intent to circulate particular information to the
5 
public;
6
7 
(b) Content shall refer to a text, image, audio recording, video, and
8 
animation published on the internet;
9 
(c) Online intermediary shall refer to a provider of service which displays
10 
an index of search results that leads the internet users to a specific
11 
online location, enables them to access contents originating from third
12 
parties, and allows them to upload and download content. It includes
13 
but is not limited to social networking sites, search engines, and video
14 
sharing sites;
15 
(d) Public interest shall refer to anything that affects national security,
16 
public health, public safety, public order, public confidence in the
17 
Government, and international relations of the Philippines;
Ig (0j Pictitious online account or website shall refer to those that has an
19 
anonymous author or uses an assumed name in pursuing activities
20 
for the purpose of avoiding impunity.
21
22 
(f) False Content and fake news shall refer to false stories that appear to
23 
be news, spread on the internet or using other media, usually created
24 
to influence political views, as a joke, to mislead the public by
25 
pretending to be factual or by pretending to be published by legitimate
26 
news entities. These are contents that are manipulated, fabricated or
27 
that the genuine sources are impersonated.


1 
SECTION 4. Punishable Acts. - The following acts shall constitute the
2 
offense punishable under this Act:
3 
(a) Creating and/or publishing on one’s personal online account or
4 
website a content knowing or having a reasonable belief that it
5 
contains information that is false or that would tend to mislead the
6 
public;
7 
(b) Use of a fictitious online account or website in creating and/or
8 
publishing a content knowing or having a reasonable belief that it
9 
contains information that is false or that would tend to mislead the
10 
public;
11 
(c) Offering or providing one’s service to create and/or publish a content
12 
online knowing or having a reasonable belief that it would be used to
13 
deceive the public, regardless whether it is done for profit or not;
14 
(d) Financing an activity which has for its purpose the creation and/or
15 
publication of a content online containing information that is false or
16 
that would tend to mislead the public;
17 
(e) Non-compliance with any of the counteractive measures provided
18 
under Section 5 of this Act, whether deliberate or through negligence.
19 
SECTION 5. Counteractive measures. - The Department of Justice (DOJ)
20 
Office of Cybercrime shall have the authority to issue the following orders to
21 
restrain the commission of the offenses punished under this Act:
22 
(a) Rectification Order- an order directing the administrator of the online
23 
account or website that is either personal or fictitious, to issue a
24 
notice indicating the necessary corrections to the published content.
25 
Online intermediaries whose platform was used to publish the content
26 
can also be issued such Order. It would require the particular online


1 
intermediary to issue a notice of correction informing all its users that
2 
the subject content contains misleading or false information.
3 
(b) Takedown Order- an order directing the owner or administrator of the
4 
online account or website that is either personal or fictitious, to take
5 
down the published content.
6 
(c) Block Access Order - an order directing the online intermediary to
7 
disable access by users to the published content. It is a remedy
8 
available in cases where there is a failure to comply with the Orders
9 
mentioned in paragraphs (a) and (b) of this Section due to the fault or
10 
negligence of the administrator or online intermediary, and in cases
11 
where rectification or taking down of the published content is proven
12 
to be technically impossible.
13 
These Orders shall only be issued when there is finding that the
14 
complaint filed to the DOJ Office of Cybercrime by an aggrieved party is
15 
valid and has sufficient basis. In matters affecting the public interest, the
16 
same office shall issue motu proprio the appropriate Order. The remedies
17 
provided herein are cumulative and the issuance of one shall not preclude
18 
or waive the right to use any or all other remedies.
19
20 
SECTION 6. Preventive Takedown Order- The DOJ Office of Cybercrime
21 
may issue a preventive takedown order within twenty-four 24 hours from
22 
the filing of complaint if there is probable cause that the publication is false
23 
or fake to prevent continuous damage from further spreading.
24 
SECTION 7. Appeal to Cancel the Order - The administrator of an online
25 
account or website and the online intermediary who has been issued with
26 
any of the Orders under Section 5 hereof may file a verified petition for
27 
review with the Office of the Secretaiy of the Department of Justice within
28 
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 (PhpSOO,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
11 
Hundred Thousand Pesos (PhpSOO,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
19 
suffer the penalty of reclusion temporal or a fine not exceeding Two Million
20 
Pesos (Php2,000,000.00), or both.
21 
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. JurisdicHon. - 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)
11 
Cybercrime Division shall formulate the rules and regulations necessaiy for
12 
its effective implementation within ninety (90) days from approval of this
13 
Act.
14 
SECTION 13. Separability Clause. - In case any provision of this Act is
15 
declared invalid or unconstitutional, such declaration shall have no effect in
16 
the validity or constitutionality of the remaining provisions hereof.
17 
SECTION 14. Repealing Clause. - All laws, decrees, rules and regulations
18 
inconsistent with the provisions of this Act are hereby repealed or amended
19 
accordingly.
20 
SECTION 15. Effectivity. - This Act shall take effect fifteen (15) days after
21 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,