Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

20" Congress
First Regular Session

House BillNo._ S20 __

Introduced by Representative Reynante U. Arrogancia

EXPLANATORY NOTE

In 1986, the Philippines ratified the International Covenant on Civil and Political Rights. It
stipulates that everyone has the right to freedom of expression including the freedom to seek,
impart information. The exercise of these rights, however, carries duties and
responsibilities that may be subject to certain restrictions by law for respect of the rights or
reputation of others and protection of national security, public order, public health, or morals.

The progression of digital age offers advantages for unlimited communication and information,
However, there has been an onslaught of disinformation which are deliberate false information
with intent to disseminate false content. The circulation of false content has caused fear, alarm,
division, and damaged reputations. The cyberspace is a boon to the need of the current generation
for greater information and facility of communication’. But all is not well with the system since it
could not filter out a number of persons of ill will who would want to use cyberspace technology
for mischiefs and crimes’. Freedom of expression is not an unbridled license to provide immunity
for every possible use of language with no consequence of the use of false content with intention
to cause serious harm.

In the Philippines, Article 154 of the Revised Penal Code provides as unlawful the publication as
news any false news which may endanger the public order, or cause damage to the interest or credit
of the State and Republic Act 10175, otherwise known as the “Cybercrime Prevention Act of
2012”, as punishable act of libel as defined in Article 355 of the Revised Penal Code committed
through a computer system. Despite these laws, there has been mounting proof that our current
laws are not sufficient to address the “fake news” and disinformation.

Hence, this bill seeks, through legislation, stronger protection against online disinformation that
intentionally and seriously harm our national security, public order, public health and morals by
amending Republic Act 10175 or the Cybercrime Prevention Act of 2012.

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

REY! .OGANCIA

"isin v xxx G.R. No, 203335, February 18, 2014
ibid


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

20" Congress
First Regular Session

House Bill No. 520

Introduced by Representative Reynante U. Arrogancia

AN ACT
PENALIZNG THE CREATION AND DISSEMINATION OF DISINFORMATION,
AMENDING FOR THE PURPOSE, 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 as follows:

“SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby
defined as follows:

XXX

(m) DISINFORMATION REFERS TO AN INTENTIONALLY DISSEMINATED
FALSE INFORMATION, WITH CONSCIOUS DISREGARD TO UTILIZE
VERIFIABLE INFORMATION AND WITH MALICIOUS PURPOSE OF
POLITICAL OR ECONOMIC NATURE, TO CAUSE SERIOUS HARM AGAINST
PUBLIC HEALTH, NATIONAL SECURITY, NATIONAL ECONOMY OR
CAUSE ENMITY, HATRED OR VIOLENCE AGAINST CERTAIN GROUPS
‘WHO SHARE COMMON DEMOGRAPHICS.

[m] (N) Interception xxx
{n] (O) Service Provider xxx

[o} (P) Subscriber's information refers to any information contained in the form of
computer data, SOCIAL MEDIA WEBSITES AND ANY OTHER SIMILAR

ONLINE PLATFORMS, or any other form that is held by a service provider, relating to
subscribers OR REGISTERED USERS xxx


SECTION 2. All succeeding subsections under Section 3 of Republic Act No. 10175 shall
be renumbered accordingly.

SECTION 3. Section 4 of Republic Act No. 10175 otherwise known as the Cybercrime
Prevention Act of 2012 is hereby amended to include:

“Section 4. Cybercrime Offenses. — The following acts constitute the offense of
cybercrime punishable under this Act:

XXX
(c) Content-related Offenses:

XXX
(5) DISINFORMATION - THE CREATION AND DISSEMINATION OF
DISINFORMATION AS DEFINED IN SECTION 3 (M) HEREOF THROUGH A
COMPUTER SYSTEM AS DEFINED IN SECTION 3 (G) OF THIS ACT.

SECTION 4. Repealing Clause. - Any law, presidential decree, or issuance, executive
orders, letters of instruction, administrative orders. Rules or regulation contrary to or
inconsistent with the provisions of this Act are hereby repealed, modified or amended
accordingly.

SECTION 5. Separability Clause. - If, for any reason, any section or provision of this
Act is held unconstitutional or invalid, the other sections or provisions hereof shall not
be affected thereby.

SECTION 6. Effectivity. - This Act shall take effect fifteen (15) days from the date of
its publication in the Official Gazette or a newspaper of general circulation.

Approved,