A measure to fight disinformation

Former Facebook executive Katie Harbath described the Philippines in 2018 as “patient zero” of the disinformation crisis on social media that has warped political discourse, sowed deep divisions and continues to pose a significant threat to not just individuals but institutional credibility and national security as well.

The magnitude of the potential harm is heightened by the largely unchecked technological developments in the artificial intelligence (AI) space where regulation is struggling to get ahead of its rapid evolution that comes with opportunities as well as dangers.

According to the Global Risks Report 2026 of the World Economic Forum, misinformation and disinformation are among the highest risks over the next two years, citing risks to information integrity that could lead to greater polarization and deeper divisions especially in the political realm that hamper the ability of society to have constructive conversations to solve societal problems.

In response to these threats, the House of Representatives passed on third reading last week House Bill No. 9465 or the Digital Media Anti-False Information Act, one of the Marcos administration’s priorities for the 20th Congress to address this “critical national issue” that is eroding public trust.

Coordinated troll farms

Overwhelmingly approved, the proposed act is aimed at curbing coordinated online harassment, organized disinformation, operation of troll farms, and the deliberate spread of malicious falsehoods online through harsher penalties.

These sanctions include imprisonment and fines to be levied on coordinated troll farms, fake account syndicates, bot networks, and foreign-backed influence operations designed to deceive the public and manipulate public discourse to favor a particular party or line of thinking.

The proposed measure also requires digital platforms operating in the country to establish a local presence and comply with transparency, disclosure, and user protection standards.

At the same time, they will be mandated to disclose sponsored content, paid campaigns, and political advertisements and provide users appeal and redress systems in the name of transparency and public protection.

The Philippine National Police and the National Bureau of Investigation are vocal supporters of the measure, saying that while there are existing laws such as the Cybercrime Prevention Act of 2012 and Digital Privacy Act that cover crimes such as scams conducted online, these were not enough to respond to the menace posed by the proliferation of AI-generated deepfakes as well as unfettered spread of fake news and disinformation.

Gray areas

House Speaker Faustino Dy III underscored the importance of passing the bill, saying that these well-funded, coordinated, and deliberate disinformation campaigns have evolved into a “powerful weapon” capable of misleading communities, destroying reputations, and disrupting democratic processes.

Indeed, the public cannot afford to wait any longer as the threats posed are becoming more serious with the accelerating speed and more sophisticated abilities of fast-evolving AI tools.

Business personalities such as San Miguel Corp.’s Ramon Ang, Ayala Corp.’s Jaime Augusto Zobel de Ayala, Gokongwei Group’s Lance Gokongwei and even Bangko Sentral ng Pilipinas Governor Eli Remolona Jr. are just some of the public figures whose images have been used to lure unsuspecting Filipinos into money scams.

The likeness of celebrities including Angel Aquino have even been used in pornography and even legitimate news sites have also been manipulated to make fake news appear legitimate.

Lawmakers, however, must ensure that the proposed act does not have gray areas that can be used to curtail people’s rights.

Freedom of speech

ACT Teachers party list Rep. Antonio Tinio and Kabataan party list Rep. Renee Louise Co raised valid concerns that the bill may be used as another tool to suppress freedom of expression by pushing critics “who do not agree with the narrative of the government.”

The operative words are “knowingly” and “willfully” spreading patently false information that is further amplified when legitimate social media users share the posts within their networks.

This distinction must be made clear to address issues over possible infringement of rights to free speech protected under the Constitution.

The public should thus be vigilant throughout the bill’s approval process to make sure that legislators who will craft the final version of the bill will put in place the necessary guardrails to ensure and protect the legitimate use of communication platforms including social media to express criticism, dissent, journalism, political opinions, artistic and religious expression, commentary, satire, and public interest advocacy.

With these protections in place, hopes are high that “patient zero” will be cured of the ills that have plagued the digital public sphere so that it can again be a place where Filipinos will be protected from people who profit from lies and where truth should prevail.