REELECTED Cagayan de Oro City 2nd District Representative Rufus Rodriguez has filed a bill seeking to criminalize the deliberate and malicious dissemination of fake news, especially when such content undermines public order or national security.
ln filing House Bill (HB) No. 11506, Rodriguez said the right to freedom of speech, of expression, and of the press, guaranteed under Section 4, Article lll of the Constitution, “is a pillar of democratic governance.”
“However, as the Supreme Court held in Chavez v. 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,” Rodriguez said.
He said in recent years, the spread of fake news, particularly through digital platforms and artificial intelligence, has emerged as a serious threat to public trust, democratic institutions, and national stability.
The former law dean noted that existing laws, including the Revised Penal Code and Republic Act No. 10175 or the Cybercrime Prevention Act, do not adequately address the evolving nature and impact of malicious 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,” he said.
He said his 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.’
“ln doing so, the measure aims to protect public order and national security from destabilizing content designed to mislead, manipulate, or incite. lt is carefully crafted to withstand constitutional scrutiny by defining fake news narrowly and precisely, requiring proof of both malicious intent and actual or probable public harm,” Rodriguez said.
He added that the proposed law explicitly excludes satire, parody, personal opinions, honest mistakes, and good-faith reporting from its scope to avoid infringing upon legitimate speech.
He pointed out that judicial safeguards, including access to legal remedies and appellate review, are built into the enforcement process, and periodic oversight ensures accountability and prevents abuse.
“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 stressed.
HB No. 1’1506 is entitled, “An Act penalizing the malicious and deliberate dissemination of false information that undermines public order or national security, strengthening regulations on fake news through digital platforms, and for other purposes.”
It provides for the following definitions:
A. Fake News – Refers to false or misleading information presented as fact or news, deliberately and maliciously disseminated to mislead the public, that may sow confusion, incite hatred or violence, or disrupt public order.
B. Disinformation – False information intentionally spread to deceive, manipulate, or influence public perception, behavior, or policy.
C. Social Media Platforms – Websites, mobile applications, or other digital systems enabling users to create, share, or disseminate content, including but not limited to Facebook, YouTube, TikTok, lnstagram, X (formerly Twitter), and other similar networks.
D. Cyber-Enabled Dissemination – The use of internet-enabled technologies and platforms to commit acts penalized under this Act, including through bots, trolls, or coordinated inauthentic behavior.
E. Malicious Intent – The deliberate or reckless disregard for truth, with the purpose of causing harm, panic, hatred, violence, or undermining trust in institutions.
The bill enumerates the following prohibited acts:
A. Knowingly and maliciously publish or disseminate, through any medium including print, broadcast, or digital and social media, any fake news or disinformation as defined in this bill;
B. Create, operate, or finance troll farms, bot networks, or coordinated campaigns specifically aimed at spreading fake news;
C. Disseminate fake news or disinformation that incites violence, promotes hate speech, discredits democratic institutions, or may cause public panic or disorder;
D. Facilitate or allow the use of social media platforms or accounts to repeatedly and systematically engage in the conduct described above.
Any person found guilty of committing any of the prohibited acts shall suffer imprisonment of six years to 12 years and a fine of P500,000 to P2 million.
The bill proposes the creation of a joint congressional oversight committee, which would include representatives from civil society and media organizations, to monitor the enforcement of the proposed law.
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