Steep Penalties for Fake News: House Bill Proposes 6-12 Years' Imprisonment and Fines

Deliberate spread of falsehoods poses a serious threat to public trust, democratic institutions, and national stability, according to House Bill (HB) No. 3799. Authored by Cagayan de Oro City 2nd District Rep. Rufus Rodriguez and Abamin Party-list Rep. Maximo Rodriguez Jr., the bill proposes severe penalties, including six to 12 years' imprisonment and fines ranging from P500,000 to P2 million, for individuals who maliciously and intentionally publish or disseminate fake news. The bill defines fake news as false or misleading information presented as fact or news, deliberately and maliciously disseminated to mislead the public. Disinformation, on the other hand, refers to false information intentionally spread to manipulate or influence public perception, behavior, or policy.

Key Takeaways:

• The House Bill No. 3799 proposes penalties of six to 12 years' imprisonment and fines ranging from P500,000 to P2 million for individuals who deliberately spread fake news.
• 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.
• Aggravating circumstances that could lead to the maximum sentence of 12 years' imprisonment or P2 million fine 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.
• The bill 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.
• 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, under the Cybercrime Prevention Act.
• The measure carves out exceptions for satire, parody, editorial content, personal opinions, honest mistakes, and good-faith reporting with reasonable verification of sources.

Statistics:

• The bill proposes fines ranging from P500,000 to P2 million for individuals who deliberately spread fake news.
• The maximum sentence for fake news that undermines national security or diplomatic relations is 12 years' imprisonment.
• The measure requires social media platforms to designate liaison officers with the Department of Information and Communications Technology.
• Platforms are also required to submit annual reports on actions against disinformation targeting Filipino users.

Sources:

• House Bill (HB) No. 3799
• Authored by Cagayan de Oro City 2nd District Rep. Rufus Rodriguez and Abamin Party-list Rep. Maximo Rodriguez Jr.