Who decides what is fake news? Philippine Bill puts power in state’s hands, to dismay of journalists

A bill aimed at curbing online disinformation in the Philippines has cleared the House of Representatives, but journalists and researchers are urging lawmakers to reject it. House Bill No. 9465, known as the Digital Media Anti-False Information Act, passed with overwhelming support and now moves to the Senate.

The legislation proposes severe penalties, including six to 12 years in prison and fines up to two million pesos ($32,800), for those convicted of knowingly creating, financing, directing, or materially assisting false information that causes verifiable public harm or threatens national security. It also covers undisclosed AI-generated content.

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We know that there are legitimate measures that get weaponised.

However, opponents are concerned that the bill could be used to suppress free speech. They point to the country's history, where laws like criminal libel have been used to target critics and journalists. Veteran journalist Karol Ilagan noted that "legitimate measures that get weaponised" is a known issue. Researchers like Justin Daduya highlight the bill's broad definitions of "verifiable public harm" and "materially assists" as potential loopholes.

The bill's passage comes at a time when fact-checkers have documented coordinated disinformation campaigns that aided the current administration's rise to power. Critics fear the new law could further empower the state to act as the arbiter of truth, a role they believe is dangerous in a country with a history of press suppression.

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On the surface, this language is comforting.