Philippines House passes disinformation bill; critics urge AI governance

Disinformation Bill Clears House

The Philippine House of Representatives approved House Bill No. 9465, the Digital Media Anti-False Information Act, in June with 286 votes to three. This bill, now before the Senate, aims to curb online disinformation and protect the press. House Majority Leader Sandro Marcos, President Ferdinand Marcos Jr.'s eldest son, authored the measure.

President Marcos Jr. requested Congress prioritise an anti-disinformation bill in February. The legislation penalises individuals knowingly creating, financing, or assisting false information causing “verifiable public harm” or a “serious threat to national security.” Penalties include six to 12 years imprisonment and fines up to P2 million (US$32,575). Undisclosed AI-generated content also falls under this scope.

Ethicists Warn of 'Chilling Effect'

Lawmakers prioritised the bill due to concerns over troll farms, election misinformation, health falsehoods, and AI-generated deceptive media.

Carl Javier, executive director and chief AI ethicist at Data and AI Ethics PH, expressed concern over the bill’s “chilling effect.” He argues the bill evaluates individual post content, rather than the behaviour driving disinformation at scale. Javier suggests accountability should shift towards platforms permitting rule-violating content.

This approach would also target coordinated disinformation operators, not primarily individual sharers. He states the current bill risks impinging freedom of speech.

Press Freedom Concerns

Macel Ingles, chairperson of the National Union of Journalists of the Philippines, warned the bill threatens press freedom. She states it grants authorities excessive discretion to determine online information’s falsity and harm. Ingles called state power to arbitrate truth “authoritarian,” fearing its use against critical reporting.

Critics note President Marcos Jr. benefited from online historical revisionism before his 2022 election. Previous legislation, like the Bayanihan to Heal As One Act, was used against journalists and government critics during the pandemic. Ingles said these past actions demonstrate their fears are not unfounded.

Call for Comprehensive AI Governance

Both Ingles and Javier urge prioritising legislation addressing underlying disinformation causes. They advocate strengthening existing safeguards. Ingles highlighted that HB 9465 advanced ahead of House Bill No. 10362, the AI Governance Act. Representative Chel Diokno and other lawmakers filed this proposed AI law about two months later.

The AI Governance Act offers a broader framework for AI-related harms and information disorder, including opaque algorithms and unregulated influence operations. For digital businesses in the Philippines, this bill creates significant legal and operational risks related to content moderation. This regulatory uncertainty could affect investment in the local digital economy.