Senate President Francis “Chiz” Escudero has filed a bill seeking to impose stringent penalties, including prison terms, against any person responsible of using artificial intelligence (AI) to spread false information, malign individuals and promote questionable investment schemes.  

In filing Senate Bill No. 782 or the Physical Identity Protection Act, any person responsible for creating, generating, reproducing, duplicating, simulating, distributing, disseminating or publishing an individual’s physical attributes without their consent in any media content, regardless of the medium, platform or point of access used, will be held criminally liable.

“Used properly, AI could serve as a powerful tool for education, business, and other fields for improving productivity, research and finding solutions to complex problems,” Escudero said.

But if left unchecked, the Senate leader warned these nefarious activities will continue to multiply and victimize more unsuspecting individuals.

“The reality is that AI is being exploited by some to cause personal harm or undermine public trust,” he said.

“Madalas makikita natin ang ilang mga pulitiko at pati na ang mga malalaking negosyante na tila may tinutulak na produkto o investment na hindi mo alam kung lehitimo, pero ang katotohanan ay ginagamit lang ang imahe nila sa pamamagitan ng AI na walang anumang pahintulot galing sa kanila (We often see some politicians and even big businessmen who seem to be pushing products or investments that you don't know are legitimate, but the truth is that their image is just being used through AI without any permission from them),” he noted.

Once enacted into law, offenders will face imprisonment of one to two years or a fine not exceeding P200,000 or both.

The bill also proposes absolute perpetual disqualification from office if the offenders are government officials or employees, to stop the unauthorized use of one’s physical attributes for commercial or public use.

If the intention of the illegal content is to acquire financial gain or profit, offenders will face a jail time of two to four years or a fine of P200,000 to P400,000, or both.

Also, the measure imposes an even higher penalty of four to six years prison term or a fine of P400,000 to P600,000, or both, for content designed to facilitate or commit crime or fraud.

If the scheme is to acquire financial gain or profit and to facilitate or commit a crime or fraud, the bill is proposing an imprisonment of up to 12 years or a fine of P600,000 to P1 million, or both.

In the event that the offender is a public official or employee, Escudero said he or she will be penalized with absolute perpetual disqualification from public office, on top of the maximum penalties prescribed under the bill.

“These interventions provide the government with the wherewithal to address emerging threats, ensure accountability in the use of Al technologies, and promote creativity and innovation without compromising personal rights and liberties, legitimate speech, journalism and news coverage, academic and educational research, documentary and historical piece and other similar works,” the lawmaker said.