TWENTIETH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

House Bill No.__ 250.

Introduced by REPRESENTATIVES LANI MERCADO-REVILLA,
BRYAN B. REVILLA AND RAMON JOLO REVILLA III

ANACT
TO COMBAT THE MALICIOUS USE OF DEEPFAKE TECHNOLOGY, PROMOTE
TRANSPARENCY, AND IMPOSE PENALTIES FOR HARMFUL DEEPFAKES

EXPLANATORY NOTE

Section 4, Article III of the 1987 Constitution safeguards the right to freedom
of speech and expression. Nevertheless, it is imperative for the State to remain
resolute in its commitment to actively denounce and combat the inappropriate and
malicious use of new media technologies, particularly when it pertains to the spread
of false information, harassment, incitement of violence, and identity fraud.

This is where the concept of deepfake comes into play. In simpler terms,
deepfakes utilize artificial intelligence, specifically deep learning, enabling people to
generate new content, like altering a politician's speech, starring in a favorite movie,
performing like a professional dancer, or even mimicking the voice of a company's
CEO, among other applications.’ To be clear, deepfakes, in and of themselves, are
not inherently illegal. In fact, they offer valuable potential for positive applications.
For example, Cereproc employs deepfakes to craft digital voices for children with
disabilities or those who have lost their ability to speak due to illness, and to bring
deceased actors back to life, like Peter Cushing in Rogue One: A Star Wars Story.?
However, the legality of deepfakes depends on their content, as they can infringe
upon copyrights, violate data protection, defame individuals, and intrude upon

1 Sample 1 (2020, January 13). What are deepfakes — and how can you spot them? The Guardian. Retieved October 23,
223, from https:/hww theguardian. com/technology'2020/jan/3/what-are-deeptakes-and-how-can-you-spot-them.

2A, 8. (n.d). Interventions on the issue of Deepfakes in Copyright. Word Intellectual Property Organization. https!
‘wm. vio inexpor/seshnw/abou penal naigence/convereton_p_a/pdind_ ap


privacy.? Furthermore, it is troubling that a significant proportion of online deepfake
content, approximately 95-96%, is pornographic and non-consensual in nature.*

Deepfake technology made its debut in November 2017 when an anonymous
user on the social media platform Reddit introduced an algorithm that employed
existing artificial intelligence techniques to produce realistic fake videos. In an era of
fake news and misinformation, where even a poorly edited image can mislead, the
deceptive power of deepfakes is deeply conceming.®

Sadly, even in the Philippines, a number of celebrities have fallen victim to this
phenomenon, such as Liza Soberano, Paulo Avelino, Ivana Alawi, Maine Mendoza,
and Catriona Gray.” Their experiences underscore the pressing need for legislation
in this domain. In November 2018, then Senate President Pro Tempore Ralph Recto
filed Senate Resolution No. 188, calling for a congressional inquiry into deepfakes.*

While existing laws may partially address offenses involving deepfake
technology, the lack of a clear, specific definition of deepfakes remains a significant
gap. This proposed measure aims to establish clearer parameters for determining
appropriate legal consequences for deepfake-related offenses and mandates
disclosure of media identified as deepfake content. Recognizing the complexities
surrounding this technology, the bill also outlines specific exceptions for cases that
qualify as harmful deepfakes, balancing regulation with legitimate use.

In view of the above, we earnestly request the immediate passage of this bill.

REP. JERCADO-REVILLA

2h¢ District of Cavite

3 Philippine National Poica Anti-Cybercrime Group, ACG-CYBER SECURITY BULLETIN NR 189: Understanding of Deepfake
Threat Techlogy (2018), Quezon Cy, Piippnes, Retieved sober 12, 202, fom hac po gop
‘oyber-security-bulletin/337-acg-cyber-securit-buletin-nr-189-understanding-of-deepfake-threat-technology html

4 Ching, M.A. (2023, March 7). The danger of deepfakes: how they can impact your reputation and privacy. PEP-Ph. Retrieved
‘October 23, 2023, from htips:iiwww.pep phinews/local/17 1955/deeptakes-pros-and.cons-a738-20230307-thm.

5 Deopfake Technology. Organization for Social Media Safety. (n..). hitps:/ivww.socialmediasatety org/advocacy/deeptake-
technologyit:~text=Deepfake%20technology%20first%20appeared’k 20in,to%20create'%20realistic%20fake%20videos

& Philippine National Police Ant-Cybercrime Group, ACG-CYBER SECURITY BULLETIN NR 189: Understanding of Deeptake
‘Threat Technology (2018). Quezon City, Philippines. Retrieved October 18, 2023, from htips/iacg.pnp.gov.phimainvcyber-
securty-bullatn/337-acg-cyber-securty.bullein-nr-189-understanding-of-deepfake-threat-lechnology him

T Umit, K.A. (2021, January 28). “Deepfake": stars who fell victim to edited nude photos, videos. Philstar Global. Retrieved
etober 23, 223, tom haps histarconventrtainen/20201/282078722ldeeplake-stars wheter vcten-

§ Disini& Disini Law Office. (2020, March 4). Issues in Deepfake Legislation and Regutation. eLegal. October 23, 2023, htps://

sloal phfeeves in deofeke ein andoquito,


REP. ramon poco REVILLA II YAN B. REVILLA
1st Disthct of Cavite AGIMAT Partylist


TWENTIETH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session )

HOUSE OF REPRESENTATIVES

HOUSE BILLNO. 290 _

Introduced by REPRESENTATIVES LANI MERCADO-REVILLA,
BRYAN B. REVILLA AND RAMON JOLO REVILLA II

AN ACT
TO COMBAT THE MALICIOUS USE OF DEEPFAKE TECHNOLOGY, PROMOTE
TRANSPARENCY, AND IMPOSE PENALTIES FOR HARMFUL DEEPFAKES

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

SECTION 1. Short Title. This Act shall be known as “Deepfake
Accountability and Transparency Act.”

SEC 2. Declaration of Policy. itis the policy of the State to protect the dignity,
privacy, and security of individuals from the harmful use of artificial intelligence
technologies, particularly deepfake media. The State shall promote transparency and
accountability in the creation and dissemination of such content.

SEC 3. Definition of Terms. For purposes of this Act, the following terms shall
mean:

(a) Deepfake - Any media that appears to depict, with realistic likeness, a
person's speech or conduct that they did not engage in, generated
substantially through technical means, including artificial intelligence,
machine learning, or digital manipulation.

(b) Harmful Deepfake - A deepfake created or distributed with the intent to
deceive, defraud, or harm an individual or the public.


(c) Disclosure — A clear and conspicuous statement indicating that content
has been digitally altered.
SEC 4. Mandatory Disclosure Requirements. Any person or entity that
produces or distributes deepfake content shall ensure a clear, visible, and/or audible
disclosure is included, depending on the media format:

(a) Visual Content: A written disclosure prominently displayed.

(b) Audio Content: A verbal statement at the beginning of the recording.

(c) Audiovisual Conte
applicable.

: Both written and verbal disclosures, where
The disclosure must state that the content is altered and specify the nature of
the alteration.
SEC 5. Prohibited Acts. It shall be unlawful to:
(a) Create or distribute a harmful deepfake without proper disclosure;

(b) Remove, alter, or tamper with required disclosures;

(c) Use deepfake technology to defame, deceive, commit fraud, or incite
violence;

(d) Obtain consent through coercion, deception, or misrepresentation for
creating a deepfake.

SEC 6. Exemptions. This Act shall not apply to:

(a) Content created for satire, parody, or artistic expression, provided it
contains appropriate disclosure;

(b) Deepfakes created for educational or research purposes, with disclosure;

(c) Content where the individual depicted has given explicit, verifiable, and
informed consent in written form.

SEC 7. Penalties. Any person who violates Section 5(a) or 5(b) shall face a
fine ranging from Two Million (P2,000,000.00) to Five Million (P5,000,000.00), and/or

imprisonment of 6 to 12 years.
2


Those who commit harmful deepfake acts under Section 5(c) or shalll face a
fine of Five Million (P5,000,000.00) to Ten Million (P10,000,000.00), and/or
imprisonment of 12 to 20 years.

SEC 8. Implementing Rules and Regulations. The Department of Information
and Communications Technology (DICT), in coordination with the Department of
Science and Technology (DOST), Department of Trade and Industry (DTI) and the
Department of Justice (DOJ) shall promulgate rules and guidelines to ensure the
effective implementation of this Act.

SEC 9. Appropriations. The amount necessary to carry out the provisions of
this Act shall be included in the annual General Appropriations Act.

SEC 10. Separability Clause. If any part or provision of this Act is declared
invalid or unconstitutional, the remaining parts not affected shall remain in full force
and effect.

SEC 11. Repealing Clause. All laws, decrees, orders, rules, and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

SEC 12. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,