Law and tech: False ads on social media

O ver the past decades, we have witnessed major leaps in the field of technology. From the internet to the more advanced areas of artificial intelligence, nonfungible tokens, and cloud computing, technological developments have transformed how we go about our daily lives. These changes are, at times, positive. For instance, during the pandemic, we benefited from a digital economy that allowed us to safely conduct business transactions online.

Problems arise, however, when technology progresses at such a rapid pace that our laws are not able to catch up. One issue brought about by interactions between law and technology is that of false advertisements on social media.

Filipinos are among the most prolific consumers of social media. A 2021 Pulse Asia survey showed that 63 percent of Filipino adults use the internet, with a whopping 99 percent of them using social media. While there is no problem with using social media per se, complications occur when people use it as a tool to prey on others, such as when sellers spread false information online about their products.

Take, for example, recent reports regarding a complaint by TV-movie personality Kris Aquino against a Facebook page named “Doc Willie and Liza Ong.” The page allegedly used Aquino’s photos to sell mixed nut products that were advertised as a cure for cancer. The incident reportedly prompted Aquino to send a demand letter against the spouses who, it later turned out, may have also been victims of misinformation (Dr. Willie Ong later clarified that they do not own that Facebook account). Sadly, this incident is quite common as users can spread fake information with just a few clicks.

Fighting online misinformation is a challenging endeavor. A major obstacle comes with striking a balance between freedom of speech and censorship. While our Constitution commendably promotes freedom of speech and expression, this same principle makes it difficult for the state to intrude on posts on social media regardless of the falsity of their content. In addition, although we have laws in place to prevent unfair trade practices such as the Consumer Act of the Philippines and the Intellectual Property Code, there is no law that directly punishes social media companies for posts that contain false advertisements. After all, these companies could claim that they are not the ones spreading misinformation; they are merely intermediaries facilitating the exchange of information.

Nevertheless, these barriers do not mean that consumers are entirely helpless against false advertisements. For instance, consumers can rely on Joint Administrative Order (JAO) No. 22-01 which makes e-commerce platforms liable in the same manner as individual sellers for violations against consumers, including the commission of deceptive sales practices. While the JAO is not a law, it has the force and effect of law on online platforms. Moreover, agencies such as the Department of Trade and Industry have online mechanisms that allow consumers to file complaints against erring sellers.

Perhaps our best hope comes with the proposed internet transactions bill which President Marcos has recently certified as urgent. He reportedly anticipates that “the bill, if enacted, will build an environment of trust between online merchants and consumers.” As we await the enactment of this law, we can also do our fair share in combating harmful propaganda by reporting pages that peddle fake information. Companies such as Meta, Instagram, and Amazon allow users to file reports against owners of these pages. For now, we can only hope that our combined efforts in exposing these accounts would leave a dent on the continued proliferation of misinformation.

—————-

Mario C. Cerilles Jr. is cofounder of Cerilles and Fernan Intellectual Property Law. He also teaches intellectual property law at the University of the Philippines College of Law. Email: mccerilles@gmail.com