Senate bill eyes imprisonment, fines for malicious use of AI

A measure seeking prison term and a fine of up to P1 million has been filed in the Senate in a bid to protect individuals against the wrongful and improper use of artificial intelligence (AI).

Under Senate Bill No. 782, also known as the Physical Identity Protection Act, filed by Senate President Francis “Chiz” Escudero, any person responsible for creating, generating, reproducing, duplicating, simulating, distributing, disseminating, or publishing any person’s physical attributes without their consent in any media content—-regardless of the medium, platform, or point of access used—-will be held criminally liable. 

“While this generative Al technology offers tremendous potential particularly in the fields of business, education and communications, it also presents a profound risk to individuals' rights, privacy and identity. With malicious intent and the help of AI and other similar technology, media content could be exploited in efforts to cause personal harm or undermine public trust,” Escudero said in the explanatory note. 

The bill prescribes the penalty of imprisonment of one to two years or a fine not exceeding P200,000, or both, for individuals who create, generate or share content containing a person’s physical attributes without prior consent or legal basis.

If the intention of the illegal content is to acquire financial gain or profit, the penalty shall be jail time of two to four years or a fine of P200,000 to P400,000, or both.

The measure also imposes a higher penalty of four to six years imprisonment or a fine of P400,000 to P600,000, or both, for content designed to facilitate or commit crime or fraud.

Meanwhile, if the act is done to acquire financial gain or profit and to facilitate or commit a crime or fraud, imprisonment of up to 12 years or a fine of P600,000 to P1 million, or both, will be imposed. 

If the offender is a public official or employee, he or she will be penalized with absolute perpetual disqualification from public office, on top of the maximum penalties prescribed under the bill.

“These interventions provide the government with the wherewithal to address emerging threats, ensure accountability in the use of Al technologies, and promote creativity and innovation without compromising personal rights and liberties, legitimate speech, journalism and news coverage, academic and educational research, documentary and historical piece and other similar works,” Escudero said in a statement. — Giselle Ombay/RSJ, GMA Integrated News