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Republic of the Philippines is R iGEIVE D
HOUSE OF REPRESENTATIVES oat
Quezon City Be }
EIGHTEENTH CONGRESS <p
First Regular Session
House Bill No, 9406
Introduced by HON. ROZZANO RUFINO B. BIAZON fi

EXPLANATORY NOTE

a. This bill seeks to declare as unlawful the creation and disclosure of any deepfake
material or a materially deceptive audio or video recording of an individual without his or her
consent. “Deepfake” is a technique for human image synthesis based on artificial intelligence.
Itis used to combine and superimpose existing images and videos onto source images or videos
using a machine learning technique known as generative adversarial network. A maierially
deceptive avdio or video recording on the other hand means, in simple terms, an altered audio
or video recording.

Modern technology has no doubt changed, and continues to change, how we live. It has
given us comforts that we never imagined could be achieved. Modern technology has also
made certain tasks easier and more cost-effective to do. Distance is no longer a barrier to
communication as this has been addressed with the use of modern technology. This practically
“shrunk” the world as communication can now be done by parties at the opposite ends of the
globe in a more efficient and effective manner.

‘These are only a few of the benefits of modem technology that continue to shape botlt
our physics and virtual world. However, modem technology also has its downside. One such
modern technology is the computer. The computer has been used not only for the commission
of crimes but also to destroy the reputation of people through computer-generated images.

The malicious creation and disclosure of any deepfake material or 2 materially
deceptive audio or video recording has sullied the reputation of some individuals. In some
cases, the damage to the reputation of the unfortunate victims of these malicious acts are so
serious that their health is affected and some even had to relocate just to rebuild their damaged
reputation.

‘These irresponsible and damaging actioas of unscrupulous individuals must not be
allowed in a society where decency exists. Unlike material things which are easily recovered
when lost, the reputation of an individual is very hard to recover. In some cases, it ge's lost
forever.

In view of the foregoing, the early passage of this bill is earnestly sought.

RO: Yoo ly Uh ‘

Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HoweeBil No ee '

Introduced by HON. ROZZANO RUFINO B. BIAZON

AN ACT
DECLARING AS UNLAWFUL THE CREATION AND DISCLOSURE OF ANY
DEEPFAKE MATERIAL OR A MATERIALLY DECEPTIVE AUDIO OR VIDEO
RECORDING OF AN INDIVIDUAL WITHOUT HIS OR HER CONSENT.

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

SECTION ONE. Short Title. - This Act shall be known as the “Anti-Deepfake Act of
2019”.
‘

Sec. 2. Definition of Terms. ~ As used in this Act:

a. (1) “Consent” means an agreement written in plain language signed knowingly and
voluntarily by the individual that includes a general description of the audio or video recording.

(2) An individual may rescind consent by delivering written notice within three
business days from the date consent was given to the person in whose favor consent was made,
unless one of the following requirements is satisfied:

(i) The individual is given at least 72 hours to review the terms of the agreement before
signing it; or

(ii) The individual’s authorized representative provides written approval of the signed
agreement.

b. “Deepfake” is a technique forhuman image synthesis based on artificial
intelligence. It is used to combine and superimpose existing images and videos onto source

images or videos using machine learning technique known as generative adversarial network,

c. “Disclose” means to publish, make available, or distribute to the public.

1


d. “Individual” means a natural person.

e. “Materially deceptive audio or video recording” means an image or an audio or
video recording of a person’s appearance, speech, or conduct that has been intentionally
manipulated in a manner such that both of the following conditions are met:

(1) The image or audio or video recording would falsely appear to a reasonable
person to be authentic; and

(2) The image or audio or video recording would cause a reasonable person to
have a fundamentally different understanding or impression of the
expressive content of the image or audio or video recording than that person
would have if the person were hearing or seeing the unaltered, original
version of the image or audio or video recording.

f “Person” means a human being or legal entity.

Sec. 3. Unlawful Act. — It shall be unlawful to create and disclose with malice, any
deepfake material or a materially deceptive audio or video recording of an individual without
his or her consent.

Sec. 4, Exemptions. — A person shall not be liable under the preceding section in either
of the following circumstances:

a. The person discloses the material that contains a video recording of a depicted
individual or a materially deceptive audio or video recording in the course of any
of the following:

(i) Reporting unlawful activity;
(ii) Exercising the person’s law enforcement duties; or
(iii) Hearings, trials, or other legal proceedings.

b. The deepfake material or materially deceptive audio or video recording is a
commentary, criticism, or disclosure that is otherwise protected by the Constitution.

Sec. 5. Penalties. — A person who violates the provisions of this Act shall suffer a fine
not to exceed One Million Pesos (PhP1,000,000.00) or an imprisonment of not more than five
(5) years, or both, at the discretion of the courts.

Sec. 6. Separability Clause. — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

Sec. 7. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to, or is inconsistent with,
the provisions of this Act is hereby repealed or amended accordingly.



Sec. 8. Effectivity. — This Act shall take effect fifteen (15) days after its publication in

at least two (2) newspapers of general circulation. ‘
Approved,

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