Push Admin

Bill seeking to criminalize fake news ‘potentially unconstitutional’ – advocates

Article (news)

Jake Soriano, VERA Files

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2017/news/11/22/fake-news-1.jpg?ext=.jpg"/><figcaption>Southeast Asian lawyers tackle Fake News. Photo from Ade Wahyudin Facebook</figcaption></figure></div>A coalition of Southeast Asian press freedom advocates has called on the Senate not to pass a bill seeking to criminalize fake news, calling the measure “potentially unconstitutional,” and inconsistent with the country’s international treaty obligations.In a <a href="https://www.scribd.com/document/365154978/AFEC-SEA-Statement-on-Senate-Bill-No-1492">letter</a> read during a forum in Makati Nov. 17, addressed to Sen. Grace Poe, chair of the public information and mass media committee, the Advocates for Freedom of Expression Coalition Southeast-Asia (AFEC-SEA) said <a href="https://www.senate.gov.ph/lisdata/2624822593!.pdf">Senate Bill No. 1492</a> “as currently worded is overbroad and is potentially unconstitutional, if passed, for being inconsistent with Section 4, article III of the 1987 Constitution.” The provision prohibits the passage of any law abridging freedom of speech, expression and of the press.SB No. 1492 is also incompatible with the Philippines’ treaty obligation under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to freedom of expression, said AFEC-SEA, led by CenterLaw Philippines.AFEC-SEA, formed in September 2015 to champion freedom of expression in the region, is composed of 12 civil society organizations from Cambodia,Thailand, Malaysia, Myanmar, Indonesia and the Philippines. “Current Philippine criminal laws are enough, and even excessive, regulation against speech,” the letter read, citing laws against libel, slander, incitement to sedition, and offending religious feelings.“These criminal laws are more than enough to address the concerns brought about by fake news. In fact, these criminal laws should already be considered as excessive as international human rights law encourages the decriminalization of speech-based offenses such as libel,” the letter further read.SB No. 1492 seeks to punish the “malicious creation and distribution of false news” with a range of fines and jail terms.Its proponent, Sen. Joel Villanueva, in a hearing chaired by Poe Oct. 4, said the bill if passed would be different from libel. (See Aquino list shows many fake news sites bear Duterte’s name)<ul class="op-related-articles">	<li><a href="http://verafiles.org/articles/aquino-list-shows-many-fake-news-sites-bear-dutertes-name">Aquino list shows many fake news sites bear Duterte’s name</a></li></ul>“Ang pinaparusahan sa fake news ay ang malisyosong paggawa, paglalathala, pagpapakalat ng maling balita (What the anti-fake news law seeks to penalize are the malicious creation, publication, and spreading of fake news),” Villanueva said.“Sa libel, kahit totoo ang impormasyon, kapag napatunayang walang mabuting motibo para ipakalat, maari po kayong kasuhan (In libel, even if the information were true, if no good motive is found, one could still be liable),&quot; the senator added, but said the definition of fake news could be left to the courts.Yet, AFEC-SEA noted that while spreading false statements is not justified, “the human right to information and ideas is not limited to what the state may deem as ‘correct’ statements.”Instead, the coalition advocates for self-regulatory mechanisms to combat fake news, citing efforts by social media companies Facebook, Twitter and YouTube, and in the Philippines, of media organization VERA Files Fact Check.“The antidote to fake news is not to criminalize fake news but rather to expose its falsity, and to present the truthful facts,” it said. <div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2017/news/11/22/fake-news-2.jpg?ext=.jpg"/><figcaption>Lawyer from Myanmar signing her organization&#x27;s approval of the statement on SB92. Looking on is AFEC-SEA Chair Gilber Andres. Photo from Andres&#x27; Facebook.</figcaption></figure></div>The letter was signed by Gilbert T. Andres, chairperson of AFEC-SEA. Member organizations signified approval by stamping their logos on the letter. <div>(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)</div>

A coalition of Southeast Asian press freedom advocates has called on the Senate not to pass a bill seeking to criminalize fake news, calling the measure “potentially unconstitutional,” and inconsistent with the country’s international treaty obligations.

A coalition of Southeast Asian press freedom advocates has called on the Senate not to pass a bill seeking to criminalize fake news, calling the measure “potentially unconstitutional,” and inconsistent with the country’s international treaty obligations.

Bill seeking to criminalize fake news ‘potentially unconstitutional’ – advocates

News

Entertainment

Lifestyle

Sports

Metro.Style

More

Traffic

Manila

Horoscope

Focus

Bill seeking to criminalize fake news ‘potentially unconstitutional’ – advocates

Jake Soriano,

VERA Files

Published Nov 22, 2017 07:33 PM PHT

Read More:

fake news

Senate Bill No. 1492

Grace Poe

press freedom

ABS-CBN is the leading media and entertainment company in the Philippines, offering quality content across TV, radio, digital, and film. Committed to public service and promoting Filipino values, ABS-CBN continues to inspire and connect audiences worldwide.

Corporate

Investors

Governance

International Distribution

Corporate

Governance

Investors

International Distribution

NPC Seal of Registration

Privacy Policy

AI Policy

Terms of Service

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.

NPC Seal of Registration

Privacy Policy

Terms of Service

AI Policy

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.

NPC Seal of Registration

Privacy Policy

Terms of Service

AI Policy

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.