DICT: Fake news peddlers to face 6-year prison terms

The Department of Information and Communications Technology (DICT) warned the public Tuesday that spreading fake news online will result in stacked criminal penalties of up to six years in prison as authorities close in on the creators of a fabricated government announcement regarding a nationwide energy lockdown.

In an interview on DZRH,  DICT Secretary Henry Aguda stressed that the government is actively pursuing individuals responsible for a fake Department of Energy advisory claiming an "energy lockdown" on 20 April.  

"We are monitoring that. I will reiterate what the PCO and the PNP chief said: That is a violation of Article 154 of the Revised Penal Code," Aguda said in Filipino. "There is a penalty of imprisonment for those who spread lies, those who tell people not to obey the government, and those who release fake government announcements."

The DICT chief emphasized that using online platforms severely aggravates the offense due to the Cybercrime Prevention Act.

"What's worse here is that because digital platforms were used, the one-month imprisonment will become six years once we catch them," Aguda warned. "Because when you combine Article 154 and cybercrime, it lengthens the penalty."

Social media users who share fabricated posts are not completely off the hook. Aguda clarified that while the government’s primary target is the original source, sharers can also face legal trouble if they deliberately accelerate and multiply the post's reach.

Aguda assured the public that the DICT has the capability to trace the creators of the fake DOE post, which is currently under investigation. He noted the agency has an evidence preservation agreement with Meta, ensuring that deleted posts can still be traced within a few days. Law enforcement can easily apprehend local offenders at the barangay level, while those operating overseas face a longer process involving Interpol, he added.

To illustrate their tracking capabilities, Aguda noted the agency identified the individuals behind recent malicious rumors claiming President Ferdinand Marcos Jr. is gravely ill. The accounts were taken down months ago, and the Cybercrime Investigation and Coordinating Center (CICC) preserved the forensic evidence for formal court charges.

Aguda highlighted improved coordination with Meta, noting the tech giant proactively tips off the government regarding fake news that bypasses its community standards.

To combat the "whack-a-mole" effect of banned users and content migrating to other sites, the DICT plans to tackle cross-platform coordination through an organized social media summit in May. Aguda also proposed creating a social media council—similar to the Kapisanan ng mga Brodkaster ng Pilipinas (KBP)—to allow tech platforms to self-regulate.

Furthermore, the DICT is eyeing a system where all users can receive verified badges if they follow Meta's guidelines. However, Aguda admitted this requires new legislation. When asked if an administrative order would suffice in the meantime, he noted such orders are often contested in court over constitutional issues of prior restraint. To conclude, he promised instead that this matter will be on the list of the most urgent matters to be addressed in the next session with the president.