Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
nousEB|LLNo.9141
Introduced by HON. RUWEL PETER S. GONZAGA
EXPLANATORY NOTE
Digital  technology and  digital  transformation  play  a  significant  role  in  the  rapid
development  and  changes  of  economic  growth,  enhancement  of  public  service,  and
empowerment  of  individuals  and  communities  while  getting  along  with  new  evolving
trends.
Nowadays valuable  news and  research,  stories  and  insights,  data  and  marketing
products for basic  and  non-basic  commodities can  be delivered  by the  different social
flatforms.  Data  shows  that there  are  85.15  million  internet  users  in  the  Philippines  and
most of the users are largely unattached from online and mobile life. The vulnerability on
the exposure of the fake news or false content of our citizens not only in the Philippines,
but the around the world is highly alarming since the lack of unfamiliarity in checking facts
and the manner of how an individual perceives or interprets the data being disseminated.
With  the  current  total  number  of  scrupulous  sites,  cybercrime  is  one  of  the  highest
schemes using  internet which cause damage to affected  individuals. Thus, this bill  seeks
to criminalize the creation and dissemination of false news that affects the public interest.
In view of the foregoing, immediate approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution  Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL NO. 9141
INTRODUCED HON. RUWEL PETER S. GONZAGA
AN ACT
CRIMINALIZING THE CREATION AND DISSEMINATION OF `'FAKE NEWS",
AMENDING FOR THE PuRPOSE SECTION 3 AND 4 0F REPUBLIC ACT NO.10175,
OTHERWISE KNOWN AS THE "CYBERCRIME PREVENTION ACT OF 2012"
Be  it enacted  by the  Senate and  House  of Representatives of the  Philippines  in  Congress
assembled..
SECTION  1.  Section  3  of Republic Act  No.10175,  otherwise  known  as the  ''Cybercrime
Prevention Act of 2012",  is  hereby amended  by inserting  a  new sub-section to  read  as
follows:
"Section  3.  Definition  of  Terms.  -  For  purposes  of  this  Act,  the
following terms are hereby defined as follows:
X"
(in) FaAe news refers to false information, facts, stories and news that
are shared with the intention to mislead its audience;
(n)   /nrercaptl.on refers   to   listening   to,   recording,   monitoring   or
surveillance of the content of communications, including procuring of
the  content  of  data,  either  directly,  through  access  and  use  of  a
computer   system   or   indirectly,   through   the   use   of   electronic
eavesdropping   or   tapping   devices,   at   the   same   time   that   the
communication is occurring;
to) Service provider rofers to..
(1)  Any  public  or  private  entity that  provides  to  users  of  its
service  the  ability  to  communicate  by  means  of  a  computer
system; and
(2) Any other entity that processes or stores computer data on
behalf of such communication service or users of such service;
(p) Sqbscriber's I.nformatl.on refers to any information contained in the
form  of computer data or any other form that is held  by a service
provider,  relating  to subscribers of its services other than traffic or
content data and by which identity can be established:


(1)  The  type  of  communication  service  used,  the  technical
provisions taken thereto and the period of service;
(2}  The  subscriber's  identity,  postal  or  geographic  address,
telephone  and  other  access  numbers,  any  assigned  network
address, billing and payment information, available on the basis
of the service agreement or arrangement; and
{3) Any other available information on the site of the installation
of  communication  equipment,  available  on  the  basis  of  the
service agreement or arrangement;
(q) 7Tdffic data or non-content data refers to any computer data other
than the content of the communication including, but not limited to,
the   communication's   origin,   destination,   route,   time,   date,   size,
duration, or type of underlying service."
SECTION   3.   Section  4   of   Republic  Act   No.   10175,   otherwise   known   as  the
''Cybercrime Prevention Act of 2012",  is hereby amended  by inserting a  new sub-section
to read as follows:
"Section 4. Cybercrime Offenses. - The following acts constitute the
offense of cybercrime punishable under this Act:
XXX
(c) Content-related Offenses:
XXX
(5) Cyber Fake News - The creation and dissemination of fake
news as defined in Section 3 hereof, committed through a computer
system or any other similar means which may be devised in the future."
SECTION  4. Implementing  Rules and Regulations.  - W.ith.in  n.inety (90)  days +Tom
the approval of this Act, the Cybercrime Investigation and Coordinating Center, and other
relevant government agencies, shall formulate the rules and  regulations for the effective
implementation of this Act.
SECTION  5. Seporabt./I.ty G/ouse. -lf, for any reason, any section, clause or term of
this Act is held to  be illegal,  invalid,  or unconstitutional,  such  parts not affected  by such
declaration shall  remain in full force and effect.
SECTION 5. Repca/I.ng C/ou5e. -All laws, presidential decrees, issuances, executive
orders, letters of instruction, rules, and regulations inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
SECTION 6. Effecf[.v{.fy C/ouse. -This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved,