Republic of the Philippines »
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No.2897

Introduced by the Hon. Ferdinand Alexander A. Marcos
1* District, Hocos Norte

EXPLANATORY NOTE

In 2016, the Oxford Dictionary declared “post-truth” as the international word of the
year. This is defined as relating to or denoting circumstances in which objective facts are less
influential in shaping public opinion than appeals to emotion and personal belief. In early 2017,
‘Time Magazine posed the question, “Is Truth Dead?” on its cover. Since that time, fake news
have spread throughout the world especially through digital platforms.

It goes without saying that disinformation is a threat to our democratic way of life
which largely depends on truth or facts, predictability and social order. While there is equally
aneed to safeguard our freedoms of speech, of expression and of the press, it is also imperative
to understand that the very preservation of these constitutionally-guaranteed rights are
compromised by the abuse or misuse of the said rights or freedoms. The deliberate and
malicious creation and dissemination of false or misleading information that is presented as
fact will likely result in public harm.

Under this measure, fake news refers to intentional disinformation, characterized by
proof of malicious intent and actual or probable harm. Hence, excluded from the coverage are
personal opinions, honest mistakes, satire, parody, and good-faith reporting.

Existing provisions of law in the Revised Penal Code and the Cybercrime Prevention
‘Act do not seem to be adequate in addressing this fst-evolving social menace. Hence, this bill
is being introduced for urgent consideration.

This proposed legislation is based on a similar measure that was introduced in the 19%
Congress — House Bill No. 11506 ~ by the Honorable Rufus Rodriguez.

FERDINAND ALEXANDER A. MARCOS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

House Bill No. 2897

“Introduced by the Hon. Ferdinand Alexander A. Marcos
1* District, ocos Norte

AN ACT
PENALIZING THE MALICIOUS AND DELIBERATE DISSEMINATION OF
FALSE INFORMATION THAT UNDERMINES PUBLIC ORDER OR NATIONAL
SECURITY, STRENGTHENING REGULATIONS ON FAKE NEWS THROUGH
DIGITAL PLATFORMS, AND FOR OTHER PURPOSES

Section 1. Short Title. - This Act shall be known as the “Anti-Fake News and
Disinformation Act”.

Sec. 2. Declaration of Policy. - The State upholds the freedom of speech, of expression,
and of the press under Section 4, Article III of the 1987 Constitution. However, it also
recognizes the increasing threat posed by the intentional dissemination of false information,
especially through digital and social media platforms, which may endanger public safety,
erode democratic institutions, and threaten national security. This Act seeks to deter and
penalize such conduct, consistent with constitutional protections and human rights
standards,

Sec. 3. Definition of Terms, Under this Act,

a. Fake News refers to false or misleading information presented as fact or news,
deliberately and maliciously disseminated to mislead the public, that may sow
confusion, incite hatred or violence, or disrupt public order.

b. Disinformation refers to false information intentionally spread to deceive,
manipulate, or influence public perception, behavior, or policy.

¢, Social Media Platforms refer to websites, mobile applications, or other digital
systems enabling users to create, share, or disseminate content, including but not
limited to Facebook, YouTube, TikTok, Instagram, X (formerly Twitter), and other
similar networks.

4. Cyber-Enabled Dissemination refers to the use of intemnet-enabled technologies
and platforms to commit acts penalized under this Act, including through bots,
trolls, or coordinated inauthentic behavior.


¢. Malicious Intent refers to the deliberate or reckless disregard for truth, with the

purpose of causing harm, panic, hatred, violence, or undermining trust in
institutions,

See. 4, Prohibited Acts. - It shall be unlawful for any person to:

a. Knowingly and maliciously publish or disseminate, through any medium including
print, broadcast, or digital and social media, any fake news or disinformation as
defined in Section 3;

b. Create, operate, or finance troll farms, bot networks, or coordinated campaigns
specifically aimed at spreading fake news;

c. Disseminate fake news or disinformation that incites violence, promotes hate
speech, discredits democratic institutions, or may cause public panic or disorder, or

4d. Facilitate or allow the use of social media platforms or accounts to repeatedly and
systematically engage in the conduct described above.

See. 5. Cybercrime Linkage. - When the offense under this Act is committed through
computer systems or digital networks, the provisions of the Cybercrime Prevention Act of
2012 (RA 10175) shall apply suppletorily, particularly on:

Jurisdiction and venue;
Preservation and disclosure of computer data;
Real-time collection of traffic data;
Cooperation with service providers; and

Law enforcement authority.

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Sec. 6. Penalties. - Any person found guilty of violating Section 4 shall suffer:
Imprisonment of six (6) years to twelve (12) years and a fine of not less than 500,000 but
not more than 2,000,000, or both, at the discretion of the court. In accordance with
prevailing rules, jurisdiction shall lie with the Regional Trial Courts (RTCs).

Sec. 7. Relation to Article 154 of the Revised Penal Code. -

a. Offenses punishable under Article 154 of the Revised Penal Code that are
committed through information and communications technologies or digital
platforms shall be prosecuted under this Act, subject to higher penalties and the
procedural provisions of RA 10175.

'b. Where applicable, the offender may be prosecuted under both this Act and Article
154, provided that the constitutional prohibition against double jeopardy is not
violated.

See. 8. Aggravating Circumstances. - The maximum penalty shall be imposed if any of
the following aggravating circumstances are present:

a. The offense endangers or undermines national security, public safety, or diplomatic
relations;


b. The fake news relates to or interferes with elections, public health emergencies,
disaster response, or peace negotiations;

c. The offender is a public officer, elected official, journalist, or social media
influencer with 50,000 or more followers or subscribers, who knowingly leverages
their platform to spread disinformation;

d. The act is committed using automated or coordinated digital systems, including the
use of troll farms, bots, or sock puppet networks;

e. The fake news is disseminated with the direct or indirect aid of a foreign
goverment, foreign entity, or foreign individual, including financial, logistical,
technical, or cyber infrastructure support, with the intent or effect of influencing
public opinion, destabilizing institutions, or undermining democratic processes.

Sec. 9, Exceptions. - This Act shall not apply to:

a. Clearly labeled satire, parody, or editorial content;

b. Personal opinions or interpretations that do not claim to state factual assertions;

c. Honest mistakes made without malicious intent;

d. News reporting or academic discourse made in good faith and with reasonable
verification of sources.

See. 10. Judicial Recourse and Appeals. ~

a, All prosecutions under this Act shall be filed in the Regional Trial Court of the
province or city where the offense was committed, or where the content was first
accessed or downloaded.

b. The accused shall be entitled to legal counsel, to confront witnesses, and to a fair
and public trial under the Rules of Court.

c. Convicted persons may appeal to the Court of Appeals and, where warranted, to the
Supreme Court, in accordance with the Rules of Criminal Procedure.

d. Injunctive relief or constitutional remedies (e.g., habeas corpus, amparo, certiorari)
may be sought by the accused if the enforcement of this Act results in violation of
fundamental rights.

e. The Commission on Human Rights (CHR) may provide legal and monitoring
assistance in cases alleging abuse of this Act for political or retaliatory purposes.

See. 11. Designation of Liaison Officers by Social Media Platforms. ~

a. All social media platforms operating within the Philippines or providing services to
users in the Philippines sball designate a duly authorized liaison officer to the
Department of Information and Communications Technology (DICT).

b. The liaison officer shall serve as the platform’s official point of contact for matters
involving:

1. Compliance with this Act and other cyber-related laws;

2. Coordination on takedown or moderation requests involving malicious
disinformation that threatens national security or public order;

3, Emergency responses during critical events such as elections, disasters, or
public health crises;

4, Reporting obligations and transparency measures as may be required by the
DICT or Congress.


€. Social media platforms shall submit to the DICT:
1. The full name and contact information of the designated liaison;
2. Updates to the designation within fifteen (15) days of any change;
3. An annual report on the platform’s enforcement actions related to
disinformation targeting Filipino users.
4. The DICT, in consultation with stakeholders, shall issue guidelines for the

registration, responsibilities, and performance evaluation of designated liaisons
within sixty (60) days from the effectivity of this Act.

Sec. 12. Oversight and Review Mechanism. - A Joint Congressional Oversight Committee
composed of members from the Senate, House of Representatives, the judiciary, and
representatives from civil society and media organizations shall:

a. Monitor implementation of this Act;

b. Review enforcement procedures for potential abuse or overreach; and

¢. Submit a triennial report with recommendations for amendment or repeal, if
warranted.

See. 13. Separability Clause. - If any provision of this Act is declared unconstitutional, the
remaining provisions shall remain valid and in effect.

Sec. 14. Repealing Clause. - All laws, decrees, rules and regulations inconsistent with this
Act are hereby repealed or amended accordingly.

See. 15. Hffectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation

Approved,