Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS

First Regular Session

House Bill No. 2278

Introduced by Representative Jose Enrique S. Garcia lll

EXPLANATORY NOTE

The advances in technology has reshaped the landscape in information
dissemination and news reporting. A remarkable shift from traditional news reporting in
print and broadcast media to the intemet, particularly in various social media platforms
has emerged. In fact, it was recently reported that Facebook has trumped radio and
newspaper as news source, with 21% of adult Filipinos or about 13.9 million individuals
using Facebook daily for reading the news.

The technological advances spawned tremendous and ever growing beneficial
innovations. Perhaps unwittingly, it has also provided the resource for scheming,
unscrupulous users to defraud, cheat, deceive, mislead, discredit, or sow chaos with
either deliberate or random targets. Rising in regrettable significance is the proliferation of
false, manipulated, or distorted information more commonly described as “fake news” that
their circulation has now become a daily occurrence.

It is said that fake news had always been around. The difference now lies in the
speed with which it is being spread via the intemet. The intemet has, indeed, supplied a
variety of information and communication facilities that eased and widened the reach for
news or other information anyone needs. It has, at the same time, though, liberalized the
dissemination by any computer literate of just about any information one wishes to
circulate. This created the opportunity for seamlessly uploading false or manipulated
information and passing them on as true, factual, and authentic.

The effect of spreading false information can be very destructive. It generates
confusion, misleads decisions, breeds misunderstanding, and destroys relations. Even
more disturbing is the impact of misinformation on the young whose impressionable
tendencies weaken their ability to differentiate and identify authentic and accurate
information from those that are fake. This perceived weakness could lead the young as
unwitting instruments in the propagation of false information. It could also undermine their
development as responsible and dependable citizens.

The Constitution recognizes the vital role of the youth in nation-building. This is the

compelling reason which mandates the State to promote and protect their physical, moral,
spiritual, intellectual, and social well-being.

* https:/Inews.abs-cbn. com/news/06/30/1Sitacebook-trumps-radio-newspaper


Recognizing the destructive effect of fake news, westem countries such as France
and Germany have passed their respective laws defining and penalizing fake news with
varying emphasis. In this region, Bangladesh, Cambodia, Malaysia, Myanmar, Singapore,
Thailand and Vietnam have also passed their respective legislations prohibiting and
penalizing the dissemination of propaganda, misinformation, fake news, or false
information.

The Philippines now occupies the top spot for world internet usage index with an
average of 10 hours a day. With this, the spread of false information in the country
especially through the intemet has become alarmingly prevalent. This threatens not only
authentic journalism but also the credibility of other information circulated through print,
broadcast or the intemet. It then becomes imperative to prevent if not totally abate the
distribution of false or manipulated information and shield the innocent especially the
young from the adverse impact thereof by prohibiting and penalizing the dissemination of
the same. This is precisely what this bill seeks.

Support for this bill is therefore eamestly sought from my colleagues.

Mar
REP. JOSE/ENRIQUE S. GARCIA Ill
id District, Bataan


Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2278
House Bill No.

Introduced by Representative Jose Enrique S. Garcia Il!

AN ACT
PROHIBITING AND PENALIZING THE DISSEMINATION OF FALSE OR
MANIPULATED INFORMATION AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Anti-Falsehoods and
Manipulations Act of 2019.”

SECTION 2. Declaration of Policy. - The State recognizes the vital role of
‘communication and information in nation-building. To protect the integrity and sanctity of
communications and information, and shield the innocent especially the youth from the
adverse impact of false information, the State shall ensure that the channels of
transmission are free from false, fictitious, or manipulative contents, and are utilized only
to uphold freedom of expression characterized by accurate, responsible, relevant and
usefull information.

SECTION 3. Definition of Terms. — The following terms used in this Act are defined
as follows:

a) “Broadcast” means the transmission or dissemination of information by
radio, television, live stream, podcast or similar other means of transmission;

b) “Dissemination” shall, for purposes of this Act, refer to the process of
circulating, sharing, forwarding, re-publishing or re-broadcasting false or manipulated
information through print, broadcast, or ~—social += media _ platforms;

¢) “Falsehood” shall refer to purely fabricated or simulated information;

d) “Information” refer to the content of the publication or broadcast
disseminated which may be in the form of a statement, speech, news item, article, story,
commentary, post, message, audio or video recording, and the like;

) “Manipulation” shall refer to the alteration, misuse, misapplication, or
exploitation of information for the purpose of misleading or unfairly managing or
influencing emotions to suit one’s purpose or advantage.


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f) "Mass Media Enterprise” shall refer to any entity incorporated or organized
to engage in the business of radio and/or television broadcasting and granted a valid
government franchise or license to operate such business, or any entity that regularly
Publishes newspapers, magazines, or other similar materials using print or online
Publication.

9) "Mass Media/Social Media User” refer to any person or group of persons,
natural or juridical, who utilize mass media or social media platforms to circulate false or
manipulated information whether verified or under a pseudonym.

h) “Publication” means the dissemination of written information through print
or social media platforms;

i) “Social Media Platform" shall refer to any user-specific web-based
technology intended to create virtual connection through the intemet such as social
networking sites, blog sites, video-sharing sites, and the like.

SECTION 4. Prohibited Acts. — The following acts are hereby prohibited:

a) Dissemination either by publication or broadcast of any false or
manipulated information by any mass media enterprise whether or not such mass media
enterprise has knowledge of its falsity;

b) Aiding or abetting in the publication or broadcast of any false or
manipulated information by any mass media enterprise;

c) Malicious creation and dissemination of any false or manipulated
information by any mass media/social media user;

d) Aiding or abetting in the creation and dissemination of any false or
manipulated information by any mass media/social media user.

e) Failure or refusal of any mass media enterprise or mass media/social
media user to remove or retract any published or broadcasted false or manipulated
information within reasonable time from the discovery of the falsity or when such falsity
should have been known.

In the creation and dissemination of false or manipulated information by mass
media enterprise or mass media/social media user, it shall be necessary to establish that
the false or manipulated information tend to mislead or deceive; cause panic, division,
violence, or hate; blacken or discredit one’s reputation or good name; or similar other
injurious effects.

SECTION 5. Penalties. - The commission of the acts prohibited in Section 5 of this
Act shall be penalized as follows:

a) Any mass media enterprise found guilty of disseminating false or
manipulated information shall be punished:

i. __ on the first offense, by a fine ranging from Five Hundred Thousand
Pesos (P500,000.00) to One Million Pesos (P1,000,000.00);

ii, on the second offense, by a fine of at least One Million Pesos
(P1,000,000.00) but not more than Three Million Pesos (P3,000,000.00) and

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suspension of franchise or license to operate for a period of not more than one (1)
month;

iii, on succeeding offenses, by a fine of at least Three Million Pesos
(P3,000,000.00) but not more than Five Million Pesos (P5,000,000.00) and either
suspension of franchise or license to operate for @ period of at least one (1) month
but not more than thee (3) months or revocation of said franchise or license to
operate, at the discretion of the court.

b) Any mass media enterprise found guilty of aiding or abetting in the
dissemination of false or manipulated information shall be punished:

i. __ on the first offense, by a fine of Five Hundred Thousand Pesos
(P500,000.00);

il. on the second offense, by a fine of One Million Pesos
(P1,000,000.00); and

ili, on succeeding offenses, by a fine of Three Million Pesos
(P3,000,000.00) and suspension of franchise or license to operate for at least (1)
month but not exceeding six (6) months.

c) —_ Any mass media/social media user found guilty of maliciously creating and
disseminating false or manipulated information shall be punished:

i. on the first offense, by a fine not exceeding Forty Thousand Pesos
(P40,000.00) or imprisonment of not more than thirty (30) days, or both, at the
discretion of the court;

il. ‘on the second offense, by a fine of at least One Hundred Thousand
Pesos (P100,000.00) but not more than Three Hundred Thousand Pesos
(P300,000.00) or imprisonment of not less than one (1) month but not more than
six (6) months, or both, at the discretion of the court; and

iii. on succeeding offenses, by a fine of at least Three Hundred
Thousand Pesos (P300,000.00) but not more than Five Hundred Thousand Pesos
(P500,000.00) or imprisonment of at least six (6) months but not more than six (6)
years, or both, at the discretion of the court.

dy Any mass media/social media user found guilty of aiding or abetting in the
creation and dissemination of false or manipulated information shall be punished:

i. on the first offense, by a fine of Fifty Thousand Pesos (P50,000.00);

ii. ‘on the second offense, by a fine of One Hundred Thousand Pesos
(P100,000.00); and

ii. on succeeding offenses, by a fine of Three Hundred Thousand
Pesos (P300,000.00) or imprisonment of not less than thirty (30) days but not more
than six (6) months, or both, at the discretion of the court.

e) Any mass media enterprise found guilty of failing or refusing to remove or
retract published or broadcasted false or manipulated information within reasonable time
shall be punished by a fine of Five Hundred Thousand Pesos (P500,000.00) or
suspension of franchise or license to operate for a period of one (1) month, or both, at the

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discretion of the court.

f) Any mass media/social media user found guilty of failing or refusing to
remove or retract published or broadcasted false or manipulated information within
reasonable time shall be punished by a fine of Two Hundred Thousand Pesos
(P200,000.00) or imprisonment not exceeding six (6) months, or both, at the discretion of
the court.

The fact that the mass media enterprise or mass media/social media user removed
or retracted the false or manipulated information published or broadcasted within
reasonable time and/or issued an erratum or apology in regard thereto shall be
considered in fixing the penalties prescribed under paragraphs (a) and (c) of this section.

SECTION 6. Liability under Other Laws. — Prosecution for any violation under this
Act shall not be a bar to any other prosecution if the same act or acts constitute a violation
of the Revised Penal Code, as amended, or other special penal laws.

SECTION 7. Special Jurisdiction to Try Cases. - To ensure the efficient and
speedy resolution of cases, the Supreme Court shall designate at least one Regional Trial
Court branch in each province and highly urbanized/independent city which shall have
exclusive jurisdiction to try cases involving violations of this Act.

SECTION 8. Implementing Rules and Regulations. - The Department of Justice
and the Department of Information and Communications Technology shall jointly
promulgate the rules and regulations implementing the provisions of this Act within ninety
(90) days from its effectivity.

SECTION 9. Separability Clause. — |f, for any reason, any part or provision of this
Act is declared invalid or unconstitutional, the remaining parts or provisions not affected
shall remain in full force and effect.

SECTION 10. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.