A legal luminary in the House of Representatives has sought to impose jail time plus a fine of up to P2 million against those who spread fake news, especially false information that places public order or national security at risk.
Cagayan de Oro City 2nd district Rep. Rufus Rodriguez filed for this purpose House Bill (HB) No.11506, titled "An Act penalizing the malicious and deliberate dissemination of false information that undermines public order or national security, strengthening regulations on fake news through digital platforms, and for other purposes."
ln his bill, Rodriguez says the right to freedom of speech, of expression, and of the press, guaranteed under Section 4, Article lll of the Constitution, "is a pillar of democratic governance".
"However, as the Supreme Court (SC) held in Chavez v. Gonzales (2008), this right is not absolute. Certain categories of speech - such as obscenity, defamation, incitement to violence, false advertising, and speech that poses a clear and present danger to public order or national security - are not entitled to constitutional protection," Rodriguez, a lawyer, said.
As per the measure, fake news refer to false or misleading information presented as fact or news, deliberately and maliciously disseminated to mislead the public, that may sow confusion, incite hatred or violence, or disrupt public order.
Meanwhile, it defines disinformation as false information intentionally spread to deceive, manipulate, or influence public perception, behavior, or policy.
HB No.11506 enumerates the following prohibited acts:
A. Knowingly and maliciously publishing or disseminating through any medium including print, broadcast, or digital and social media, any fake news or disinformation as defined in
B. Creating, operating, or finance troll farms, bot networks, or coordinated campaigns specifically aimed at spreading fake news;
C. Disseminating fake news or disinformation that incites violence, promotes hate speech, discredits democratic institutions, or may cause public panic or disorder; and
D. Facilitating or allowing the use of social media platforms or accounts to repeatedly and systematically engage in the conduct described above.
Any person found guilty of committing any of the prohibited acts shall suffer imprisonment of six years to 12 years and a fine of P500,000 to P2 million.
The bill also proposes the creation of a joint congressional oversight committee, which would include representatives from civil society and media organizations, to monitor the enforcement of the proposed law.
Rodriguez said that in recent years, the spread of fake news, particularly through digital platforms and artificial intelligence, has emerged as a serious threat to public trust, democratic institutions, and national stability.
The former law dean noted that existing laws, including the Revised Penal Code (RPC) and Republic Act (RA) No.10175 or the Cybercrime Prevention Act, do not adequately address the evolving nature and impact of malicious disinformation campaigns.
“These falsehoods, often disseminated at scale through social media or synthetic content like deepfakes, have the power to incite confusion, manipulate public perception, and provoke civil disorder," said the chairman of the House Committee on Constitutional Amendments.
He said his bill "seeks to respond to these challenges by criminalizing the deliberate and malicious creation or dissemination of false or misleading information that is presented as fact and causes or is likely to cause public harm".