Republic of the Philippines FAS.
HOUSE OF REPRESENTATIVES /7<&
Quezon City, Metro Manila I

NINETEENTH CO}

iGRESS

First Regular Session

202,

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

EXPLANATORY NOTE

Since the beginning of the coronavirus disease 2019 (COVID-19) pandemic, the public has been
exposed to a great deal of information regarding the disease. the virus that causes it, and actions
laken to combat it. According to the World Health Organization and the United Nations, the
present pandemic is the first “in history in which technology and social media are being used on a
massive scale to keep people safe, informed, productive and connected.” However, such
technology has also enabled and amplified an “infodemic™ that undermines measures to control
and end the pandemic. This includes the deliberate creation and dissemination of wrong
information. COVID-19 disinformation is a serious threat to public health and continues to cost
lives. Such deliberately-propagated false, inaccurate, or misleading information undermines
science, sows mistrust, harms the physical and mental health of people, and impairs public health
measures and efforts to stop the pandemic,

Having already foreseen the grave effects of disinformation during the early months of the
pandemic, Congress, in Republic Act (RA) No. 1/469, otherwise known as the Bayunihan to Heal
As One Act, penalized individuals or groups creating, perpetzating, or spreading false information
regarding the COVID-19 crisis on social media and other platforms. However, the provisions of
RA No, 11469 “expired” in June 2020.

Unauthorized disclosure of personal und health information and breach of data privacy rights of
COVID-19 patients, whether classified as suspect, probable. or confirmed cases. have also become
prevalent during the pandemic. Such unauthorized disclosures and breaches, particularly of the
identity and condition of COVID-19 patients to persons who do not have the right to know or even
the public in general. have resulted in harassment. discrimination. and even physical harm towards
COVID-19 patients. Because of fear of their condition being unduly made known to others and
the unfortunate consequences that follow, patients opt not to report symptoms, fic during contact-
tracing, avoid COVID-19 testing, and do not submit themselves to proper handling. isolation, and
treatment. This exacerbates the spread of COVID-19 and seriously undermines public health
measures and efforts to contain the pandemic.

To protect the public against COVID-19 disinformation and protect the privacy and dignity of
COVID-19 patients, this measure seeks to penalize the creation and dissemination of false
COVID-19 information and the unauthorized disclosure of one’s COVID-19 condition.

Specifically, this measure seeks to criminally penalize (1) the creation, communication,
tion, or dissemination, with intent to deceive, through any means or medium, including
social media, false information regarding (a) COVID-19, including how the disease is caused or
transmitted and the COVID-19 situation of the country or a locality. (b) the COVID-19 condition



or infection or health status of any person, including a person's symptoms or illness and the
circumstances regarding how a person became ill or died, (c) duly-authorized COVID-19 vaccines,
or (d) public health measures undertaken to address COVID-19; and (2) the divuigement,
revelation, communication, dissemination, or publication, without legal authority or consent of the
person concerned, through any means or medium, including social media, the COVID-19
condition of another, including the results of another's COVID-19 diagnostic test, or identifying
or making identifiable « person as & COVID-19 case or patient.

This measure likewise proposes to disqualify those who shall be convicted under it from availing
of probation and allow offended parties to institute independent civil actions for damages against
the offenders who injured them.

‘The intent of the bill is laudable and deserving to be refiled this Congress. This originated from
the 18" Congress principally authored by Hon. Xavier Jesus D. Romualdo of the Lone District of
Camiguin.

In view of all the foregoing, the support of the Members of Congress for the approval of this
measure is carnestly sought. \\

JURDI iS M. ROMUALDO


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

Third Regular Session

HOUSE BILL NO. 202

INTRODUCED BY REPRES!

TATIVE JURDIN JESUS M. ROMUALDO-

ANACT
‘TO PREVENT DISINFORMATION RELATING TO THE CORONAVIRUS DISEASE
2019 PANDEMIC AND PROTECT AGAINST

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION |. Short Title. — This Act shall be known and may be cited as the COVID-19

Anti-Disinformation and Patient Protection Act.

SEC. 2. Declaration of Policy. — The State recognizes that falsehoods and wrong
information about the coronavirus disease 2019 (COVID-19) are deliberately being created and
disseminated. The fabrication and spread of such false information undermine public health
measures and efforts to combat COVID-19 and cause needless illness and death. The State likewise
recognizes that privacy breaches involving the identity and condition of COVID-19 patients is
prevalent, These unauthorized disclosures have led to discrimination, harassment, and even
physical harm towards COVID-19 patients. Moreover, such breaches and unauthorized disclosures
severely impair and weaken public health efforts because they foster fear and discourage
cooperation and honesty among the people. It is thus the policy of the State to protect the public

inst COVID-19 and health disinformation, safeguard the privae:

and dignity of COVID-19

patients, and suppress and penalize the dissemination of false COVID-19 information and the

unauthorized disclosure of a person’s COVID-19 condition.

SEC. 3. Creating or Disseminating False COVID-19 Information. ~ Any person who, with
intent to deceive, shall create, communicate, publish, or disseminate through any means or

medium, including social media, false information regarding COVID-19. including how the



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disease is caused or transmitted and the COVID-!9 situation of the country or a locality, the
COVID-19 condition or infection or health status of any person, including a person's symptoms
or illness and the circumstances regarding how a person became ill or died, duly-authorized
COVID-19 vaccines, or public health measures undertaken to address COVID-19 shall be
penalized with imprisonment of six (6) months to one (1) year and a fine of one hundred thousand

pesos (P100,000.00) to five hundred thousand pesos (P500,000.00).

‘The creation, dissemination, publication, or circulation of such false information shall be presumed

to be with intent to deceive if no good intention and justifiable motive for it is shown.

SEC. 4. Unauthorized Disclosure of COVID-19 Condition. - Any person who shall,
without legal authority or consent of the person concerned, through any means or medium,
including social media, divulge, reveal, communicate, disseminate, or publicize the COVID-19
condition of another. including the results of another's COVID-19 diagnostic test, or identify or
make identifiable a person as a COVID-19 case or patient shall be penalized with imprisonment
of three (3) months to six (6) months and a fine of fifty thousand pesos (P50,000.00) to two hundred

fifty thousand pesos (P250,000.00).

SEC. 5. Non-Availability of Probation. — Any person convicted under this Act shall be

\qualified from availing of probation.

SEC. 6. Independent Civil Action, ~ Any person who suffers damage or injury due to the
commission of any of the offenses penalized under Sections 3 and 4 of this Act may institute a
civil action for damages, separate and distinct from the criminal action, against the offenders

thereof and such civil action shall proceed independently of the criminal action.

SEC. 7. Separability Clause. — Mf any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected thereby shall remain in full force and effect.


SEC. 8. Repealing Clause. - All laws, decrees, executive orders and issuances, rules and
regulations, and other issuances or parts thereof that are inconsistent with the provisions of this

Act are hereby repealed or modified accordingly.

SEC. 9. Effectiviry. - This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or a newspaper of general circulation.

Approved,