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

News RoomBy News RoomAugust 10, 20264 Mins Read
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The Philippines is currently at a critical crossroads regarding digital governance, as House Bill No. 9465—the Digital Media Anti-False Information Act—moves toward the Senate after a lopsided vote in the House of Representatives. Championed by House Majority Leader Sandro Marcos and backed by his father, President Ferdinand Marcos Jr., the bill seeks to criminalize the deliberate creation and promotion of false information that causes public harm or threatens national security. While the administration frames the move as a necessary step toward digital safety, a growing coalition of journalists, researchers, and civil society groups are pushing back with urgency. They fear that granting the state the power to define what is “true” and what is “false” creates a dangerous mechanism for silencing dissent in a country with a long, documented history of weaponizing legal tools against the press.

At the heart of the opposition is a deep-seated institutional distrust rooted in the country’s legal track record. For years, laws like the Cybercrime Prevention Act and the use of criminal libel have been employed to “red-tag” journalists, academics, and activists, branding them as enemies of the state simply for holding the government accountable. Critics argue that even if the bill includes technical exemptions for satire, journalism, and academic discourse, the broad and ambiguous definitions of “public harm” leave the door wide open for abuse. As researcher Justin Daduya points out, the language of the bill is eerily reminiscent of the Anti-Terrorism Act, which was sold as a balanced safeguard but has since been used to target government critics through association.

The debate has sparked an intense, necessary conversation about the efficacy of top-down legislation. Supporters of the bill have pointed to models like Singapore’s POFMA, but experts like Jonathan Corpus Ong argue that this is a case of a “failed transplant.” Ong, who has spent years mapping the industrial-scale disinformation-for-hire networks that fueled the Marcos administration’s own rise to power, notes that in a society where public trust in political elites is historically low, a law that empowers those very same elites to police truth is inherently flawed. For many in the Philippines, the irony is not lost: the architects of a political machine that benefited from social media manipulation are now the ones proposing to regulate that same ecosystem.

Furthermore, critics argue that the bill fundamentally misidentifies the source of the rot. By focusing on punishing individual users and influencers, the legislation ignores the shadowy corporate boardrooms and sophisticated digital marketing firms that actually orchestrate these massive, coordinated campaigns. By “individualizing” the crime, the government risks jailing everyday citizens while leaving the institutionalized “grey economy” of disinformation untouched. The bill also places a surprisingly light burden on the tech platforms themselves, focusing on the end-user rather than the algorithms and systems that amplify falsehoods to millions. This approach creates a system where a teenager sharing a post in good faith could face harsh criminal penalties, while the industrial operators remain largely shielded.

The legislative process in the Senate has stalled momentarily due to a leadership shift, providing a brief window for these civil society groups to lobby for meaningful change. Rather than focusing on the murky act of policing “truth,” experts at groups like the Sigla Research Centre are advocating for a focus on platform accountability. They suggest that the real solution lies in mandating transparency regarding algorithmic amplification, financial flows, and data access for independent auditors. By shifting the target from the content itself to the mechanics of its artificial amplification, the government could address the systemic abuse of social media without creating a tool that can be so easily twisted into an instrument of state-sponsored censorship.

As the 2028 presidential election cycle approaches, the window to shape this legislation is narrowing rapidly. The pressure to pass the bill is immense, and once a committee leadership is solidified in the Senate, the measure is expected to move swiftly under the President’s mandate. The challenge for lawmakers now is to decide whether they want a tool that builds a safer digital space for all Filipinos or one that secures a permanent, unchallenged advantage for those in power. By choosing to listen to the voices of those who study the disinformation crisis firsthand, the Senate still has the opportunity to replace a punitive, potentially weaponizable mandate with a framework that actually protects the integrity of the public square.

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