EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._ 361

Introduced by Representative VICTOR A. YAP

EXPLANATORY NOTE

‘The spread of fake news has been widely seen by experts as a major global threat with its
reported ability to imperil democracies. In the Philippines, almost 9 out of 10 Filipinos who surf
the internet to access their social media account are aware of fake news, and most of them said
"they consider fake news to be widespread on social media," based on a 2018 Pulse Asia survey.
The same survey showed that half of Filipinos who use the internet for social media have
changed their views on government and politics based on what they see online.

In March 2019, Facebook reportedly took down 200 pages, groups and accounts for using
“coordinated inauthentic behavior" to spread content across the social media network. 67
Facebook pages, 68 Facebook accounts, 40 groups and 25 Instagram accounts were taken down
for "misleading others about who they were and what they were doing.”

To curtail the abuse and misuse of social media, this bill aims to prohibit and penalize
online identity theft. Social media networks shall be responsible for identifying, denying the
application, and shutting down fake accounts.

Violators shall be punished with imprisonment of six to 12 years, and a fine ranging from
30,000 to P50,000. Any person who owns or has control over programs or technology capable
of propagating fake accounts shall also be held liable.

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

Representative, 2nd District of Tarlac


au swne

10
coe

12
13
14
15

16
7
18
19

20
21
22
23
24

25

EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No,_ 364
Introduced by Representative VICTOR A. YAP

AN ACT
PROHIBITING FAKE, MALICIOUS AND SPURIOUS IDENTITY ON SOCIAL MEDIA.

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

SECTION 1. Declaration of Policy. ~ It is the policy of the State to protect and uphold public
interest and to regulate the flow of true and fair information from various sources so as to ensure
responsible use of information and communications technology.

SECTION 2. Definition of Terms. — For the purpose of this Act, the following terms shall
mean:

(a) Information and Communications Technology refers to the totality of electronic means to
collect, “process, and present information to end-users in support of their activities. It
consists, among others, of computer systems, office systems and consumer electronics, as
well as networked information structure, the components of which include the telephone
system, the internet, fax machines and computers;

(b) Social Media refers to as any electronic medium that allows interaction among people in
which they create, share or exchange information and ideas, including, but not limited to,
uploading or downloading videos, still photographs, blogs, video blogs, podcasts, instant
messages, electronic mail or internet website profiles or locations; and

(c) Social Media Network refers to social media venues such as Facebook, Twitter and
Instagram, as well as sites like Pinterest and LinkedIn and the likes. E-mail accounts
created through Google, Yahoo!, and other internet sites shall be included in the
definition.

SECTION 3. Prohibited Acts. — Every person who will communicate, exchange, deliver, blog,
or share information through social media must observe a responsible and fair exercise of his or
her right to free expression and opinion. However, he or she is prohibited from opening an
account for his or her online presence using someone else’s identity and presenting himself or
herself to the online world as that person whom he or she is not.


answene

x

10

1
12
13

14
15
16

7
18
19

20
2a

22

23

SECTION 4. Responsibility of Social Media Networks. — Social media networks are
responsible for ascertaining the veracity of the identity of a social media user. Applicants for
social media accounts shall be subjected by social media networks to effective identity
verification in order to ascertain the authenticity of an account. The applications of those found
as presenting himself or herself as another person whom he or she is not shall be denied. Further,
accounts which are subsequently discovered as inauthentic or compromised shall be shut down.

SECTION 5. Penalties. — Any person who intentionally and maliciously commits any act in
violation of Sections 3 and 4 of this Act shall be punished with imprisonment of not less than six
(©) years and one (1) day up to twelve (12) years and a fine ranging from thirty thousand pesos
(P30,000.00) to fifty thousand pesos (P50,000.00).

Any person who owns or has control over artificial intelligence programs or similar
programs that create social media accounts that result into acts in violation of Sections 3 and 4
hereof shall be liable under this Section.

SECTION 6. Separability Clause. - If, for any reason, any section or provision of this Act or
any part thereof. or the application of such section. provision or portion is declared invalid or
unconstitutional, all the other provisions not affected thereby shall remain valid.

SECTION 7. Repealing Clause.— All laws, presidential decrees, executive orders,
proclamations and/or administrative regulations which are inconsistent with the provisions of
this Act are hereby amended, modified, superseded or repealed accordingly.

SECTION 8. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.