A measure that would slap a fine of up to P2 million against people who get proven to have maliciously and intentionally published or disseminated fake news was filed in the current 20th Congress.

House Bill (HB) No.3799, also known as the "Anti-Fake News and Disinformation Act", was jointly filed by solon-brothers Cagayan de Oro City 2nd district Rep. Rufus Rodriguez and ABAMIN Party-list Rep. Maximo Rodriguez Jr.

The bill defines fake news as “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.”

Disinformation, meanwhile, refers to false information intentionally spread to manipulate or influence public perception, behavior or policy.

The measure proposes penalties of six to 12 years’ imprisonment and fines ranging from P500,000 to P2 million on individuals who get proven to have maliciously spread fake news.

In its explanatory note, the authors stressed that “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 Rodriguezes added that while freedom of speech is guaranteed under the Constitution, this right “is not absolute", especially when speech endangers public safety or national security.

Aside from the steep penalties, the bill also introduces aggravating circumstances that could lead to the maximum sentence of 12 years’ imprisonment or P2 million fine.

These include fake news that undermines national security or diplomatic relations, interferes with elections or disaster response, or is committed by public officials, journalists, or influencers with over 50,000 followers who knowingly exploit their platforms.

The measure also levies the maximum penalties to those who employ the automated or coordinated use of digital systems – including bots, trolls or sock puppet networks.

It likewise treats as an aggravating circumstance any case where fake news is disseminated with the direct or indirect aid of a foreign government, foreign entity, or individual – including financial, logistical, technical, or cyber-infrastructure support – if the intent is to manipulate public opinion, destabilize institutions, or undermine democratic processes.

Another key provision ties the measure to the Cybercrime Prevention Act of 2012. Offenses committed online will trigger the full range of cybercrime authorities, including preservation of data, cooperation with service providers and real-time collection of traffic data.

To prevent abuse, the bill carves out exceptions. Satire, parody, editorial content, personal opinions, honest mistakes and good-faith reporting with reasonable verification of sources will not be penalized.

Judicial safeguards, remedies and appeals up to the Supreme Court (SC) are likewise built into the proposed law.

It further mandates social media platforms to designate liaison officers with the Department of Information and Communications Technology (DICT). These officers will coordinate takedown requests, compliance with the law, emergency responses during crises, and reporting obligations to Congress.

Platforms are also required to submit annual reports on actions against disinformation targeting Filipino users.

To ensure accountability, a Joint Congressional Oversight Committee will be created to monitor the implementation of the law, review enforcement procedures for potential abuse, and submit reports recommending amendments or repeal if needed.

During the previous 19th Congress, a joint panel composed of the House Committees on Public Order and Safety, on ICT, and on Public Information led a series of hearings on the spread of fake news and disinformation online.