George Garcia

A poll watchdog has called for the repeal of the Commission on Elections’ (Comelec) guidelines on artificial intelligence (AI) and social media for being “censorship under the guise of fighting fake news.”

In a statement on Thursday, Kontra Daya said that while the Comelec’s intention appears to be good, the definitions of fake news and other related terms in the guidelines “are so broad that they can include fair comments protected by freedom of speech and expression, such as critics. analysis, satire and parody.”

The group referred to Comelec Resolution no. 11064 dated September 17 on the use of social media, AI and Internet technology for the 2025 national and local elections and parliamentary elections in the Bangsamoro Autonomous Region of Muslim Mindanao (BARMM).

Intended to mislead

The resolution defined fake news as “the colloquial, collective and common term used by ordinary Filipinos to refer to misinformation, malicious information or misinformation deliberately presented as legitimate news and disseminated through digital platforms, traditional media or other communication channels , with the intent to deceive, mislead or manipulate public opinion or voter behavior.”

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Kontra Daya said the resolution should be opposed by the media and press freedom advocates, as they rejected Senate and House bills to regulate so-called fake news.

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It could be armed

“In the same way that the Anti-Terrorism Act of 2020 was used to suppress legitimate dissent, given its broad definition of terrorism, there is reason for the Comelec resolution to be used to censor media content that speaks truth to power.” said the group.

Danilo Arao, a Kontra Daya organizer and journalism professor at the University of the Philippines, warned that the Comelec resolution could be aimed at government critics.

“We already have cases in the past where posts critical of the government have led to filings and jail time because government officials used laws like the Cybercrime Prevention Act of 2012,” he said.

Arao said that instead of regulation, the Comelec “should focus on educating our citizens so they can tell what is credible news and what is not, as well as how to use AI and other technologies responsibly” .

“If it is about combating disinformation and misinformation, the Comelec voter education program should include media literacy, especially fact-checking,” he added.

The Comelec guidelines also prohibit and penalize the misuse of social media, AI and internet technology for disinformation and misinformation in connection with the 2025 national and local elections.

Long list of crimes

The Comelec has published a wide list of electoral offenses, including the use of “fake amplifiers” such as fake accounts, bots and astroturf groups filled with fake users to propagate disinformation and misinformation in support of or campaigning against a candidate, party political. , or coalition or party-list organizations.

Spreading disinformation and disinformation targeting the Philippine electoral system, the Comelec and electoral processes during elections and election campaigning are also electoral crimes.

The others include coordinated inauthentic behavior and the use of hyperactive users; creation and dissemination of deepfakes, cheapfakes and softfakes; the use of fake and unregistered social media accounts during the election and election campaign; creating and spreading fake news; and using content produced through AI technology, but without complying with the transparency and disclosure requirements of the guidelines.

An electoral offense is punishable by up to six years in prison, perpetual disqualification from holding any public office, and deprivation of the right to vote.

“KKK”

The polling body has created a new enforcement group called Task Force sa Katotohanan, Katapatan at Katarungan (KKK) sa Halalan. It will investigate detected or reported prohibited acts and file complaints against candidates, parties, individuals and entities suspected of wrongdoing.

Its duties include debunking fake news against the Philippine electoral system, the Comelec or electoral processes.

In addition to preventing the use of cyberspace to commit election violations, the Comelec also required the registration of all official social media accounts and other online and internet campaign platforms used by candidates and political parties and those newly created for future mid-term polls.

December 13 deadline

Social media accounts and other online platforms should be registered with the Education and Information Department of the Comelec by December 13.

Any person or entity, other than a candidate or political party, that creates or manages social media accounts and pages, websites, podcasts, blogs, vlogs, and other online and Internet campaign platforms designed or used primarily in election period to solicit votes and promote the election or defeat of a particular candidate or candidates should also be recorded.

It is not clear whether private individuals, numbering in the millions in the Philippines, who have existing social media accounts and will express their support for certain candidates or call for the rejection of others are required to register.

“Scope too broad”

In the Philippines, there are 86.75 million on Facebook, 10.77 million have X accounts and 21.35 are Instagram users.

There are more than 18,000 elective posts that will be contested in the May 2025 polls by more than 43,000 candidates.

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On October 30, the Makabayan coalition wrote to Comelec Chairman George Garcia seeking a dialogue on its concerns about the “overbroad scope of the guidelines,” particularly the mandatory registration of social media accounts and platforms, and the “implications regarding freedom of expression and confidentiality of such situations”. registration.”

The group said the same concerns have been raised by social media users who fear their accounts and websites could be removed or blocked, and that they themselves would be the target of misinformation and disinformation.

A way to check expenses

At an Oct. 12 news forum, Garcia said that, in addition to monitoring fake news, one purpose of registering social media accounts and online platforms was to help the polling agency verify campaign spending.

During the campaign, social media influencers and content creators are paid huge sums, which is why the Comelec will also coordinate with the Bureau of Internal Revenue to monitor such expenditures, he said.

In an interview with reporters last week, Garcia said registering social media accounts is also important to combating foreign interference, which he said remains a “threat” to the country’s elections. —WITH A REPORT FROM THE INQUIRER RESEARCH INQ