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MANILA, Philippines — The Philippines has laws against defamatory statements like slander and libel, but false narratives often extend beyond attacks on an individual or group’s reputation.
So how can Filipinos legally combat persistent online disinformation?
During the third House Tri-Committee hearing on Friday, March 21, Rep. Zia Alonto Adiong (Lanao del Sur, 1st District) asked government agencies responsible for investigating false information on social media to explain how an ordinary citizen can report and navigate the process.
Agencies with this capability include the National Bureau of Investigation (NBI), the PNP Anti-Cybercrime Group (PNP-ACG) and the Department of Information and Communications Technology (DICT).
Many are familiar with the Cybercrime Prevention Act of 2012 (Republic Act 10175), which penalizes online libel — defamatory statements made through digital platforms — under Article 355 of the Revised Penal Code.
However, police colonel Andres Simbajon Jr., deputy director for administration of the PNP-ACG, told the committee that “fake news” can still be legally addressed, as it is classified as a crime under the Revised Penal Code.
Publication of false info is unlawful
One in particular is Article 154, which penalizes the “unlawful use of means of publication and unlawful utterances.”
It applies to those found guilty of publishing or spreading false information that could endanger public order, harm state interests or encourage disobedience to the law.
The Revised Penal Code prescribes a penalty of arresto mayor — imprisonment ranging from one month and one day to six months — for unlawful publication of false information. This comes with an additional fine ranging from P40,000 to P200,000.
Police lieutenant colonel Anacleto Daliva, assistant chief of the PNP-ACG’s legal affairs division, explained that false information can also be penalized under the Cybercrime Prevention Act through Section 6, which covers crimes under the Revised Penal Code and special laws when committed through a computer system.
Meanwhile, core cybercrimes such as libel and online fraud fall under Section 4. “These are crimes where perpetrators use IT equipment, such as a cellphone or computer,” Daliva said.
If unlawful utterances under Article 154 are committed using information and communications technology (ICT), the penalty is raised by one degree under the cybercrime law. This means imprisonment increases to prisión correccional, or six months and one day to six years.
File a complaint first
For an investigation to proceed, Daliva said a formal complaint must first be filed. The PNP-ACG then applies for a warrant to disclose computer data, which must be issued by a court.
However, Daliva noted that the agency itself cannot initiate the case. “The court will require a complainant who will be under oath,” he said, adding that subscribed documents and affidavits are necessary for the complaint to move forward.
Either the NBI or the PNP-ACG will handle the investigation, Daliva said. He described the need for a complainant as “unfortunate” and noted that authorities can instead request a takedown of posts containing false information.
Meanwhile, Simbajon said the agency conducts “monitoring and cyberpatrolling.” If they identify posts that are libelous or pose a national security threat, they can request a preservation order.
This legal mechanism compels service providers, such as social media platforms, to preserve specific data relevant to a cybercrime investigation.
However, Daliva acknowledged that takedowns ultimately depend on the platform where the false information was published — a challenge the House Tri-Committee is trying to address.
And while the law states that publishing "false news" or false information is punishable by law, what constitutes as "fake news" has not yet been clearly defined by law.
The joint committee is considering a proposal to define this and establish a code of ethics for social media users, including commentators, influencers and vloggers.
It is also exploring the creation of a monitoring body similar to the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) to oversee social media personalities with large followings and curb the spread of disinformation or malicious content.
