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NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
) 
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Second Regular Session  
) 
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HOUSE OF REPRESENTATIVES 
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House Bill No. _______ 
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Introduced by REPRESENTATIVES LANI MERCADO-REVILLA, 
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BRYAN B. REVILLA AND RAMON JOLO REVILLA III 
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AN ACT 
DEFINING DEEPFAKE AND THE IMPOSITION OF PENALTIES THEREFOR FOR 
ACTS CONSTITUTING HARMFUL DEEPFAKES 
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EXPLANATORY NOTE 
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Section 4, Article III of the 1987 Constitution safeguards the right to freedom of 
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speech and expression. However, the State ought to be committed to effectively 
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condemn and combat the inappropriate and malicious use of these technologies, 
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especially in instances involving the dissemination of disinformation, harassment, 
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incitement of violence, and identity fraud. 
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This is where deepfake sets in. In simpler terms, deepfakes utilize artificial 
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intelligence known as deep learning to manipulate photos, videos, and sounds, 
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thereby putting new words in a politician’s mouth, starring in one’s favorite movie, 
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dancing like a pro, or even mimicking the CEO’s voice, among others.1 To be clear, 
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deepfakes, in and of themselves, are not inherently illegal. In fact, they offer valuable 
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potential for positive applications. For instance, Cereproc employs deepfakes to craft 
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digital voices for children with disabilities or those who have lost their ability to speak 
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due to illness.2 Deepfakes have also been used to bring deceased actors back to life, 
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like Peter Cushing in Rogue One: A Star Wars Story.3 However, the legality of 
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deepfakes depends on their content, as they can infringe upon copyrights, violate data 
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protection, defame individuals, and intrude upon privacy.4 Furthermore, it is troubling 
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1 What are deepfakes – and how can you spot them? | Internet | The Guardian 
2 ind_a.pdf (wipo.int) 
3 ind_a.pdf (wipo.int) 
4 ACG-CYBER SECURITY BULLETIN NR 189: Understanding of Deepfake Threat Technology (pnp.gov.ph) 
October 25, 2023
3:50 pm
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NINETEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session  
) 
HOUSE OF REPRESENTATIVES 
HOUSE BILL NO. _______ 
Introduced by REPRESENTATIVES LANI MERCADO-REVILLA, 
BRYAN B. REVILLA AND RAMON JOLO REVILLA III 
AN ACT 
DEFINING DEEPFAKE AND THE IMPOSITION OF PENALTIES THEREFOR FOR 
ACTS CONSTITUTING HARMFUL DEEPFAKES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. This Act shall be known as “Penalizing Deepfake 
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Act”. 
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SEC 2. Declaration of Policy. The State acknowledges the progress in 
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technological advancements, including artificial intelligence. Nevertheless, the State 
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is committed to effectively condemn and combat the inappropriate and malicious use 
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of these technologies, especially in instances involving the dissemination of 
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disinformation, harassment, incitement of violence, and identity fraud.  
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SEC 3. Deepfake Defined. As used in this Act, “deepfake” refers to any audio, 
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visual or audio-visual recording created or altered through technical means, such as 
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video recording, motion-picture film, sound recording, electronic image, or photograph, 
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which are so convincing that a reasonable person would mistake it for an authentic 
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representation of an individual’s speech or conduct.  
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SEC 4. Deepfake Defamatory Content. The use of deepfake technology to 
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create defamatory content involving speech or actions shall be defined in accordance 
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with the relevant provisions on slander, outlined in Articles 358 and 359 of the Revised 
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Penal Code.  
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SEC 5. Deepfake Gender-Based Sexual Harassment. Gender-based sexual 
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harassment carried out through the use of deepfake technology shall be defined in 
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Section 12 of Republic Act 11313, also known as the “Safe Spaces Act,” addressing 
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gender-based online sexual harassment.  
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SEC 6. Deepfake Involving a Child. Any unlawful actions against a child through 
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the use of deepfake technology shall be defined in accordance with Section 4 of 
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Republic Act 11930, also known as the “Anti-Online Sexual Abuse or Exploitation of 
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Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) 
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Act.” 
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SEC 7. Deepfake Access Device Fraud. Acts that constitute access device 
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fraud facilitated through the use of deepfake technology shall be defined in accordance 
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with Section 9 of Republic Act 8484, also known as the “Access Devices Regulation 
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Act of 1998.” 
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SEC 8. Deepfake Deceptive Consumer Transactions. Sales acts or practices 
intended to deceive the public carried out through deepfake technology shall be 
defined in accordance with Article 50 of Republic Act 7394, also known as the 
“Consumer Act of the Philippines”, in conjunction with Section 33(c) of Republic Act 
8792, also known as the “Electronic Commerce Act of 2000.” 
 
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SEC 9. Deepfake Copyrighted Work. Infringement of copyrighted work through 
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deepfake technology shall be defined in accordance with Sections 184 and 185 of 
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Republic Act 8293, also known as the “Intellectual Property Code of the Philippines.” 
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SEC 10. Deepfake Election Offense. The deployment of fraudulent devices 
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during an election period using deepfake technology shall be defined in accordance 
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with Section 261(c) Batas Pambansa Bilang 881, also known as the “Omnibus Election 
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Code of the Philippines.” 
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SEC 11. Deepfake Terrorism. Acts of terrorism facilitated through deepfake 
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technology shall be defined in accordance with Sections 5, 8, 9, and 10 of Republic 
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Act 11479, also known as “The Anti-Terrorism Act of 2020.” 
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SEC 12. Deepfake Other Cyber Fraudulent Practices. All other cyber-fraudulent 
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practices committed through deepfake technology shall be defined in Section 4(b)(1) 
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of Republic Act 10175, also known as the “Cybercrime Prevention Act of 2012.” 
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SEC 13. Exceptions. No person shall be found liable for acts constituting 
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harmful deepfakes under the following circumstances: 
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(1) When the depicted individual was knowingly aware of the creation and 
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commercial distribution of a deepfake and he or she provided his or her consent, 
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except in cases involving children, in accordance with Section 5 of this Act; 
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(2) When the deepfake serves artistic purposes, including parody, satire, 
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commentary or criticism; and 
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(3) When the dissemination of the deepfake is carried out as part of an 
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investigation, prosecution, or other lawful proceedings, and the person acts in good 
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faith to minimize the risk of further dissemination. 
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SEC 15. Penalty. The penalty to be imposed for the offenses committed through 
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the use of deepfake technology shall be one (1) degree higher than those prescribed 
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in the Revised Penal Code, as amended, and relevant special laws. 
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SEC 16. Liability under Other Laws. A prosecution under this Act shall be 
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without prejudice to any liability for violation of any provision of the Revised Penal 
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Code, as amended, or special laws, as the case may be.  
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. 
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SEC 17. Implementing Rules and Regulations. – Within ninety (90) days from 
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the effectivity of this Act, the Department of Justice, Department of Trade and Industry, 
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National Bureau of Investigation, and Philippine National Police shall promulgate the 
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rules and regulations for the effective implementation of this Act. 
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SEC 18. Separability Clause. – Any portion or provisions of this Act that may 
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be declared unconstitutional or invalid shall not have the effect of nullifying other 
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portions and provisions hereof as long as such remaining portions or provisions can 
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still subsist and be given effect in their entirety.  
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SEC 19. Repealing Clause. – All other laws, decrees, orders, other issuances, 
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rules and regulations, or parts thereof inconsistent with the provisions of this Act are 
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hereby repealed, modified, or amended accordingly. 
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SEC 20. Effectivity. – This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette or in at least two (2) newspapers of general 
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circulation. 
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Approved,