Digital rights advocates seek repeal of Bayanihan law provision punishing “fake news” peddlers

Digital rights advocates pushed Wednesday for the repeal of a provision in the Bayanihan Law punishing “fake news” peddlers, saying it curtails free expression, including constructive criticisms.

“We…express our grave concern over a provision of Bayanihan To Heal As One Act that threatens our constitutional rights to free expression and access to information," the group, composed of 23 individuals and 18 organizations, said in a statement.

"While the provision appears to address the long-standing concern of journalists and activists over false information typically circulated by paid trolling, it can also be used to curtail free speech, especially pieces of information that are critical of the government,” it added.

The group is referring to Section 6(6) of the law which penalizes "individuals or groups creating, perpetrating, or spreading false information regarding the COVID-19 crisis on social media and other platforms, such information having no valid of beneficial effect on the population, and are clearly geared to promote chaos, panic, anarchy, fear, or confusion; and those participating in cyber incidents that make us or take advantage of the current crisis situation to prey on the public through scams, phishing, fraudulent emails, or other similar acts."

The same law sets a penalty of two months jail time or a fine of P10,000 to P1 million or both, at the discretion of the court.

Since false information is not defined in any existing law, the group warned that the law allows law enforcers alone to determine what the truth is.

“The provision does not distinguish between those who passively ‘like’, share, comment, and those who deliberately generate false content or actively discuss pieces of information that are deemed false,” the group said.

Given the COVID-19 pandemic, the digital rights advocates argued that consultative planning, innovative thinking, and collaborative approaches will only happen when there is scrutiny and vigilance.

“We have seen the positive impact of free speech and organizing over social media, particularly during the lockdown of Luzon and other places. Individuals and groups were able to pool together resources and support health and other essential workers,” the group said.

“Public outrage exposed the unnecessary use of the limited COVID-19 testing kits by asymptomatic politicians and prevented the unfair sacking of health officials who opposed this VIP treatment. It also forced the Department of Health to go back to the drawing board after it announced the measly allowance for volunteer health workers, as well as gender-based violence in certain checkpoints,” the group added.?

Moreover, the digital rights advocates called on the government to instead use its resources to generate information towards addressing COVID-19 and supporting the needs of the most vulnerable.

“The COVID-19 pandemic is not only a crucial point to use information in saving lives. It is also a time to make people and systems work in favor of rights,” the group said.

“Our democratic space is more crucial than ever. The damages wrought upon it by fake news prior to the pandemic can only be repaired by promoting critical discourses, making it healthy and keeping it free,” the group added.

The signatories of the statement include:?

•     Al Alegre
•     Alvin Gallardo
•     April Gomez Baldovino
•     Archill Niña F. Capistrano, BOT Chairperson of the Children’s Legal Bureau and Assistant Professor, UP Cebu
•     Dianne Olivan
•     Floyd Scott Tiogangco, writer and performance artist
•     Jhewoung Capatoy
•     Jason A. Baguia, writer and assistant professor, UP Cebu
•     Joan Dymphna Saniel-Amit, Executive Director of the Children’s Legal Bureau & Faculty Member of USC College of Law
•     John Nery, columnist, Philippine Daily Inquirer
•     Kathy del Socorro
•     Lito Averia
•     Marnie Tonson
•     Nica Dumlao
•     Niel Anthony Lajot
•     Noemi Lardizabal-Dado
•     Ryan Silverio
•     Shebana Alqaseer
•     Violeta de Guzman
•     Winthrop Yu
•     Weena Jade Gera, Vice Chancellor for Administration, UP Cebu
•     Yllang Montenegro, artist
•     Zenaida Ligan-Ashburn, Professor, UP Cebu
•     Active Vista
•     ASEAN SOGIE Caucus
•     Center for Migrant Advocacy, Phils. Inc.
•     Coalition Against Trafficking in Women – Asia Pacific
•     Dakila – Philippine Collective for Modern Heroism
•     Democracy.Net.PH
•     Digital Rights Coalition
•     Empowerment Through Art
•     Foundation for Media Alternatives
•     Human Rights Online – Philippines
•     In Defense of Human Rights and Dignity Movement
•     Legal Network for Truthful Elections
•     Philippine Alliance of Human Rights Advocates
•     Philippine Human Rights Information Center
•     Philippine Internet Freedom Alliance
•     Sentro ng mga Nagkakaisa at Progresibong Manggagawa
•     True Colors Coalition and
•     Women’s Legal and Human Rights Bureau. —AOL, GMA News