LAWS AGAINST FAKE NEWS

LAWS AGAINST FAKE NEWS

I still remember the time when there was no such thing as fake news. Back then, the world of news reporting and journalism was an orderly one, governed by clear and established rules. Publishers and editors had specific roles, and there were also strict guidelines on what they could and could not do.

A news story had to pass through a gauntlet of editors before it could be published. Starting with the copy editor, each editor in the chain of command had the power to kill a story for various reasons—whether due to credibility concerns, ethical considerations, or even personal judgment. Ultimately, the most important factor was the truthfulness of the story, which depended on credible sources and verifiable facts.

While journalists could sometimes withhold the identity of their sources, they were still required to include credible quotes, even if those were anonymous. In this system, a journalist's reputation and credibility were always on the line, along with that of their editors. This culture of accountability extended to broadcast media, where producers and directors played the roles of publishers and editors, respectively.

With this structured background in mind, the sharp contrast between traditional journalism and social media becomes evident. Social media, unlike traditional media, lacks editorial oversight. Anyone can post any story without undergoing the rigorous screening process of publishers and editors. While traditional media is governed by discipline and accountability, social media is often a free-for-all, resembling the wild west.

Of course, there are exceptions. Online news sites like Rappler and the digital versions of broadsheets still maintains editorial oversight. As a result, we can generally presume that traditional media outlets adhere to journalistic standards, ensuring that most published stories are backed by credibility and reputation. Unfortunately, no such safeguards exist for social media, where misinformation and fake news thrive.

The good news is that existing libel laws still apply to social media, just as they do to traditional media. However, enforcing these laws presents new challenges. In the past, authorities could easily determine the location of a server to establish the jurisdiction of a cybercrime. Today, with social media platforms operating multiple servers across the globe, pinpointing the location of an offense is much more complex.

Despite these difficulties, if the author of a libelous post resides in the Philippines, they can still be prosecuted. On the other hand, pursuing cases against individuals outside the country remains a challenge. Fortunately, many multinational social media companies now have offices in the Philippines, allowing legal notices to be served more efficiently.

In the fight against fake news, the best countermeasure is real news. The truth must always prevail. As bad actors begin using artificial intelligence to spread misinformation, responsible journalists and publishers must also harness AI to combat the spread of falsehoods. Additionally, Congress must review and update existing laws against fake news, ensuring they remain relevant in the ever-evolving digital landscape.

Several laws and regulations currently address the issue of fake news in the Philippines:

1.   Cybercrime Prevention Act (Republic Act 10175) – Penalizes the dissemination of false information through digital platforms.

2.   Anti-Photo and Video Voyeurism Act (Republic Act 9995) – Prohibits the spread of manipulated or false media content.

3.   National Telecommunications Commission (NTC) Memorandum Circular No. 10-10-2017 – Mandates internet service providers (ISPs) to block fake news websites.

4.   Department of Justice (DOJ) Circular No. 17 – Provides guidelines for prosecuting cybercrime cases, including fake news offenses.

Additionally, proposed bills such as Senate Bill No. 1680 (Anti-Fake News Act) and House Bill No. 5070 (Anti-Disinformation Act) aim to impose stricter penalties on those who create and spread misinformation. At the international level, the ASEAN Declaration on Fake News underscores the Philippines' commitment to combating misinformation through regional cooperation.

Fake news is a growing problem, but it is not an unstoppable one. With updated laws, responsible journalism, and public awareness, we can ensure that truth triumphs over falsehood. May the truth set us free.

Ramon Ike V. Seneres, www.facebook.com/ike.seneres
iseneres@yahoo.com, 09088877282, senseneres.blogspot.com

04-19-2025

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