Lawmakers have expressed concern that House Bill 9465, which penalizes the deliberate spread of disinformation and was approved via a voice vote on Tuesday, could be used to silence government critics.
The bill, which the House of Representatives passed on second reading, pushes prison terms of six to 12 years and fines of up to P2 million for those found guilty of knowingly spreading false information intended to cause harm.
“This can be used against critics who do not agree with the narrative of the government,” Kabataan Representative Renee Louise Co said in a media briefing.
“We are worried because we don’t want this bill to be used against human rights defenders [and] students, and to sow fear for them not to speak up because of the punishment under the proposal,” she added.
HB 9465 seeks to ban the “willful publication and dissemination of information” intended to cause harm or threaten national security, targeting troll farms and coordination with foreign actors in spreading disinformation.
It also aims to regulate the deceptive use of artificial intelligence generated and digitally altered content meant to sow false information.
A 2024 World Economic Forum report has cited disinformation as the “most severe global risk” over the next two years, warning it could undermine the legitimacy of governments, deepen political divisions, and fuel polarization.
In a statement, Cagayan de Oro Rep. Lordan Suan, the sponsor of the bill, said it was not aimed at criminalizing political dissent and criticism. “It is carefully directed at conduct involving the knowing dissemination of false information coupled with the intent to cause legally recognized harm,” he said.
Exempted from the bill’s coverage, aside from dissent, are political opinions, government criticism, satire, journalism, artistic and religious expression, whistleblowing, and public interest advocacy, he explained.
Suan added that there is a “high legal threshold” for prosecution, as there should be evidence that a person knowingly and deliberately spread false information with the intent to cause public harm.
There are many laws with noble intentions, but because they are poorly crafted, either by accident, incompetence, or by design, they can end up being misused and abused in ways that the original authors never imagined. While there is no denial that disinformation has the potential to be a severe global risk, our efforts to control it should provide solutions that address the problem and the risks, but don’t create bigger problems that could endanger democracy, freedom of speech, and even the Fourth Estate.*
