MANILA – A measure has been filed to the House of Representatives aiming to criminalize “fake news”, especially those that threaten public order or national security.
Reelected Cagayan de Oro City 2nd District’s Cong. Rufus Rodriguez stated that while the Constitution guarantees the right to freedom of speech, expression, and the press, these rights are not absolute.
“As the Supreme Court held in Chavez vs Gonzales (2008), this right is not absolute. Certain categories of speech – such as obscenity, defamation, incitement to violence, false advertising, and speech that poses a clear and present danger to public order or national security – are not entitled to constitutional protection,” he said in a statement, referring to House Bill (HB) No. 11506.
Rodriguez further noted that in recent years, the proliferation of fake news, particularly via digital platforms and artificial intelligence, has become a significant threat to public trust, democratic institutions, and national stability.
Current legislation, including the Revised Penal Code and Republic Act No. 10175, known as the Cybercrime Prevention Act, is insufficient to tackle the changing nature and effects of harmful disinformation campaigns.
“These falsehoods, often disseminated at scale through social media or synthetic content like deepfakes, have the power to incite confusion, manipulate public perception, and provoke civil disorder,” Rodriguez said.
He added: “The bill seeks to respond to these challenges by criminalizing the deliberate and malicious creation or dissemination of false or misleading information that is presented as fact and causes or is likely to cause public harm.”
Rodriguez also mentioned that the proposed legislation clearly excludes satire, parody, personal opinions, honest errors, and good-faith reporting from its purview to prevent infringement on legitimate speech.
He emphasized that judicial safeguards, such as access to legal remedies and the possibility of appellate review, are incorporated into the enforcement process, and regular oversight is in place to ensure accountability and prevent misuse.
“By striking a balance between protecting freedom of expression and addressing the dangerous consequences of intentional disinformation, this measure affirms the values of both liberty and responsibility in a modern, democratic society. ln view of the foregoing, the immediate passage of this bill is respectfully urged,” he said.
According to the measure, any individual convicted of engaging in any of the prohibited actions will face imprisonment ranging from six to twelve years, along with a fine between P500,000 and P2 million./PN
