Introduction
We must have laws against fake news in the Philippines. We live in the modern world where the use of technology has become a part of our daily routine now. Modern technology caused an alteration to our traditional sources of information such as articles on newspaper to the vast internet resources. Even though such information is one-click away from any social media platform, it is more likely to spread false information or what they call as “fake news”.
People, nowadays, find difficulty in distinguishing what is true and what is likely to be false information. This is evident during the recent national election, where numerous fake accounts were used in order to spread malicious information.
“Fake news” is now becoming true because of how it is being accepted by the public. More or so, the social media platform is being abused by someone, or even anybody, in order to breed division or chaos and exacerbate unstable relationships.
According to Social Weather Stations (SWS) survey, Seven out of ten adult Filipinos believe that the spread of fake news is a serious problem that the government should take into consideration.
It worsens now during the pandemic. People, in their household, have more time in surfing the internet, and because of how accessible social media platform such as Facebook, Twitter and YouTube, the spread of false information become faster like an outbreak.
What is “fake news”?
The phrase “fake news” has evolved to imply many things to various individuals. We are defining “fake news” broadly to mean news reports that are untrue. Meaning, they lack verified information, sources, or quotes.1
These articles may occasionally be propaganda intended to deceive the reader or they may be “clickbait” articles created for financial gain. The amount of readers who click on the content generates revenue for the author. Fake news stories have been more prevalent on social media in recent years, in part because to how simple and quick it is to spread anything there.2
“Fake news” is a component of a bigger environs of misinformation and deception. Misinformation is defined as erroneous or inaccurate information that is generated or transmitted by accident or inadvertently; the purpose is not to deceive. Disinformation is defined as intentionally generated and disseminated false information with the intent of influencing public opinion or obscuring the truth.3
Convenience in technology
These kinds of publications are more common now because of technology advances that make it simple to copy, paste, click, and share anything online. In certain instances, the stories are posted on specific websites with the intention of evoking an emotional response in order to persuade readers to share them broadly.
In other instances, “bots”, which are computer algorithms created to mimic human information-sharing behavior but with the ability to respond fast and automatically, may be used to create and spread “fake news” stories.
Spreading of False information is punishable
The mere spreading of false information and other forms of disinformation during the Covid-19 pandemic is punishable by law. Persons involve or caught spreading “fake news” could be held liable for Republic Act (RA) No. 101754 (Anti-Cybercrime Law), or under Section 6 (f) of Republic Act 11469 5 (Bayanihan to Heal as One Act).
Nevertheless, even though RA 11649 is limited to three months during the Covid-19 pandemic, which means that any acts committed before or after this short period is not, otherwise, punishable unless sooner withdraw or extended, Republic Act No. 10175 provides for the more comprehensive penalties for the disinformation.
Section (f) of RA 11649 Bayanihan to Heal as One Act provides:
Individuals or groups creating, perpetrating, or spreading false information regarding Coronavirus Disease 2019 (COVID-19) crisis on social media and other platforms, such information having no valid or beneficial effect on the population, and are clearly geared to promote chaos, panic, anarchy, fear, or confusion; and those participating in cyber incidents that make use or take advantage of the current crisis situation to prey on the public through scams, phishing, fraudulent emails, or other similar acts.6
Similarly, albeit there is an expiration for the Bayanihan Heal as One Act, it does not give the person the freedom in spreading false information to the public. False news is penalized under our Revised Penal Code (RPC), a penal statute of general application. Fake news is considered a “public disorder” under Par. 1 Article 154 of the RPC which states that:
Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;7
However, the law may not cover all false news. Article 154 covers only untruthful news which may endanger the public order, or cause damage to the interest or credit of the state. There is no clear distinction on how spreading false information in the social media is penalized. On the other hand, it may be penalized or covered by other provisions of the RPC, including libel or defamation.
What is Libel?
According to Art. 353 of the Revised Penal Code which provides the definition of Libel. – A libel is a public and malicious imputation of a crime, or vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.8
What is Defamation?
According to the book of Justice Reyes, Defamation includes slander and libel, an offense done by injuring a person’s character, fame, or reputation through false and malicious statements. The purpose of which is to injure the plaintiff’ s reputation and degrade his self-esteem or confidence. It is done through publication to damage another’s honor, character, or good name or to bring him into disrepute
Cybercrime Prevention Act
Cybercrime Offenses defined in Sec. 4 are computer related crimes to further the illegal acts such as Illegal Access, Data Interference and Misuse of devices,
The Cybercrime Prevention Act of 2012 defines and penalizes cybercrimes, broken down into three main categories:
(a) system-related offenses, such as illegal access, illegal interception, data interference, system interference, misuse of devices, and cyber-squatting;9
(b) computer-related offenses, such as forgery, fraud, and identity theft; and10
(c) content-related offenses, such as cybersex, child pornography, and libel.10
What is Online Libel?
As provided in Section 4(c)(4) of Republic Act (RA) No. 10175, online libel is “the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.”
The crime is simply called “libel” under RA 10175. To differentiate libel from online libel is through its commission. Libel is committed through traditional means by printing while cyber-libel is done thru online platforms.
Social media may be considered “other means of publication,” but even though there is an ambiguity, the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) provides that penalties for crimes committed by, through and with the use of information and communications technologies shall be one degree higher.
“Information and communication technology system” refers to system intended for, and capable of, generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents, and includes the computer system or other similar device by or in which data is recorded or stored, and any procedures related to the recording or storage of electronic data message or electronic document. 11
Conversely, the penalty for violations of Article 154 is imprisonment of arresto mayor, but the fine was increased to a range of P40,000 to P200,000, pursuant to Republic No. 1095112 [“An Act Adjusting the Amount or the Value of Property and Damage on which a Penalty is Based, and the Fines Imposed under the Revised Penal Code, amending for the Purpose Act No. 3815, Otherwise Known as “The Revised Penal Code”, as Amended”], which was signed into law on 29 August 2019.
Conclusion
Sources of information now become more accessible during the pandemic. Filipinos now tend to indulge themselves in the social media, may it be for leisure, business or other things. The ease of access to such information at this modern age is being abused by culprits to benefit themselves. Utilizing this, they tend to alter facts from fake sources in order to create division among us.
It is a serious problem now on how fake news become more realistic and believable that ordinary Filipino can no longer distinguish what is true from false ones. It is better to know our laws to safe guard ourselves with this kind of malicious act.
As a responsible citizen, we must know our governing laws in order to stop the spread of misinformation and not to commit such crimes because ignorance of the law excuses no one (ignorantia legis neminem excusat).
A person who is unaware of the law cannot escape any liability arising from any violation thereof. It is our responsibility to become more discerning and be keen in every information we post online so that we can help in preventing the spread of any false information.
- “Fake News,” Lies and Propaganda: How to Sort Fact from Fiction[↩]
- Id.)
Misinformation and Disinformation
The “Fake News” world beset far beyond than just misleading news items. Some stories may have a kernel of truth but lack parsing elements. They may or may not contain any verified facts or sources. Some articles may have fundamental factual facts, but they are presented in aggressive language, omit out important information, or simply provide one side of view.((Id.[↩]
- Id.[↩]
- RA 10175[↩]
- RA 11469[↩]
- Section [f], RA 11649[↩]
- Article 154, par. 1, Revised Penal Code[↩]
- Article 353, Revised Penal Code[↩]
- Section 4, RA 10175[↩]
- Id.[↩][↩]
- Sec. 3, Implementing Rules and Regulations of Republic Act No. 10175[↩]
- RA 10951[↩]
