With a legislative inquiry into disinformation seeking to craft laws to limit the spread of fake news on social media, concerns are sure to be raised over potential threats to free speech as regulations against disinformation can be helpful but there is always the risk of government abuse and the weaponization of the law against valid criticism.
For Grace Salonga, executive director of the Movement Against Disinformation, there’s a thin line between protecting the integrity of the information ecosystem and upholding the freedom of expression. She stresses that once such laws are in place, their impact depends largely on who enforces them.
While such regulations are prone to abuse – as seen in Russia and China, where laws have been used to censor critical and independent media and control the flow of information to the public – Salonga believes that some level of oversight is still necessary. “It doesn’t mean we should not regulate. The real challenge is making the law very clear,” she said.
Given the widespread confusion over truth and the challenge of identifying disinformation, she said a law is needed to define false information – one that leaves no room for opinion. That, along with regulation, provides clarity as to what actions should be punished and creates the “necessary deterrence for bad actors” to avoid such acts.
Decriminalization is also crucial for the public, especially journalists, to be able to work and express opinions without fear of imprisonment.
Salonga is also for the passage of measures that define and prohibit troll farms or organizations that create fake profiles to impersonate real people, manipulate public opinion, and incite conflict.
Holding social media platforms accountable is also necessary, she said, noting that the Cybercrime Prevention Act already classifies them as service providers, making them subject to certain liabilities.
These are just some of the concerns that lawmakers need to consider if they are determined to regulate and limit the spread of fake news on social media. That is an intention that may be noble and relevant these days, but if the law they come up with is not well thought out, or heaven forbid, maliciously crafted to be used as a weapon against the freedoms of speech and expression, our eager lawmakers should be aware of their ability to create more problems than solutions.
Hopefully they tread carefully.*
