Creating and posting an AI-generated image of oneself wearing a fictional police uniform resembling that of the Philippine National Police (PNP) does not automatically constitute usurpation of authority, although it may raise other legal concerns, according to lawyer Francis Raul Dayo.

Dayo issued the clarification following the PNP’s reminder for the public to exercise caution when creating and sharing AI-generated images depicting civilians in police uniforms.

He said Article 177 of the Revised Penal Code, which covers usurpation of authority or official functions, generally requires more than merely appearing to be a police officer.

“Creating and posting an AI-generated image showing oneself in a fictional police uniform would not ordinarily constitute usurpation of official functions under Article 177 of the Revised Penal Code,” Dayo said.

Under Article 177, a person may be held liable for falsely representing themselves as an officer, agent or representative of a government agency. The provision also covers a person who, while pretending to hold an official position, performs an act belonging to a public officer without legal authority.

Dayo said simply posting an AI-generated photograph would generally not meet these requirements.

“Posting only an AI image, without claiming to be a PNP officer, exercising police powers, issuing purported police directives, making arrests, soliciting money, or otherwise performing or purporting to perform official functions, would generally not satisfy Article 177,” he said.

The legal issue could be different under Article 179 of the Revised Penal Code, which penalizes the unauthorized and improper use of uniforms, insignia or official dress belonging to an office or class of persons to which an individual does not belong.

“Most likely offense: violation of Article 179 of the Revised Penal Code, illegal use of uniform or insignia, possibly in relation to Section 6 of the Cybercrime Prevention Act,” Dayo said.

He noted, however, that the circumstances surrounding the image would have to be considered, including how closely the AI-generated uniform resembles the actual PNP uniform, whether the image is presented as genuine, and whether it is used to make others believe that the person is an actual police officer.

The use of social media platforms such as Facebook could also have legal implications. Section 6 of Republic Act 10175, or the Cybercrime Prevention Act of 2012, provides for the application of the law to offenses committed through information and communications technology. When the elements of an underlying offense are established and it is committed through ICT, the penalty may be increased by one degree.

Dayo stressed that the use of artificial intelligence does not, by itself, make an act illegal.

“It would depend on how the image was created, presented and used,” he said.

The clarification came after the PNP warned the public about the responsible use of AI-generated images depicting civilians in police uniforms.

The PNP said advances in artificial intelligence have made digitally generated photos and videos increasingly realistic, raising the possibility that civilians depicted in police uniforms could be mistaken for actual police personnel.

PNP chief Police Gen. Jose Melencio C. Nartatez Jr. said the reminder was not intended to discourage the public from using AI technology.

“AI is a useful tool, pero kailangan pa rin nating maging maingat sa kung ano ang ipinapakita at ipinapakalat natin online. Kapag police uniform ang gamit sa isang generated image, dapat malinaw na hindi ito tunay na police personnel,” Nartatez said.

He also emphasized that the police uniform symbolizes the duty and responsibility entrusted to members of the police force.

The PNP said unauthorized use of police uniforms or insignia, including in AI-generated content posted online, may have legal implications under Article 179 of the Revised Penal Code in relation to Section 6 of the Cybercrime Prevention Act, depending on the circumstances.

For Dayo, the key distinction is whether the image is merely a fictional AI creation or is being used to falsely portray someone as a police officer or to claim or exercise police authority.

An AI-generated image alone, he said, does not automatically make a person liable for usurpation of authority. However, the public and improper use of police uniforms or insignia, particularly when it creates a false impression of official authority, could constitute a separate legal offense.