Comelec asked: Repeal rules on AI, social media

02 Nov 2024, 05:55 by Jerome Aning · INQUIRER.NET

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 in the guise of fighting fake news.”

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

The group was referring to the Sept. 17 Comelec Resolution No. 11064 on the use of social media, AI, and internet technology for the 2025 national and local elections and the parliamentary elections in the Bangsamoro Autonomous Region in 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, malinformation, or disinformation 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.”

READ: Study reveals public doubts and hopes for AI in journalism

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

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Could be weaponized

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

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Danilo Arao, Kontra Daya convenor and journalism professor at the University of the Philippines, warned that the Comelec resolution could be directed against government critics.

“We already have cases in the past where posts criticizing the government resulted in filing of cases and detention in jail 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 from what is not, as well as how to use AI and other technologies responsibly.”

“If it is serious about fighting misinformation and disinformation, Comelec’s voter education program should include media literacy, particularly 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 offenses

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

Propagating disinformation and misinformation targeting the Philippine election system, the Comelec, and electoral processes during the election and campaign period, are also election offenses.

The others include coordinated inauthentic behavior and utilization of hyperactive users; creation and dissemination of deepfakes, cheapfakes, and soft fakes; use of fake and unregistered social media accounts during the election and campaign period; creation and dissemination of fake news; and use of content produced through AI technology but without compliance to the transparency and disclosure requirements under the guidelines.

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

‘KKK’

The poll body 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 suspected erring candidates, parties, individuals, and entities.

Its tasks include debunking fake news against the Philippine election system, the Comelec or the 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-based campaign platforms used by candidates and political parties and those newly created for the upcoming midterm polls.

Dec. 13 deadline

The social media accounts and other online platforms would have to be registered with the Education and Information Department of the Comelec by Dec. 13.

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

It is unclear whether private individuals, numbering in the millions in the Philippines, who have existing social media accounts and who will express support for certain candidates or call for the rejection of others are also required to register.

‘Overbroad scope’

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

There are over 18,000 elective posts to be contested in the May 2025 polls by over 43,000 candidates.

READ: Socmed accounts registration for 2025 elections ends Dec 13

On Oct. 30, the Makabayan coalition wrote Comelec Chair George Garcia seeking a dialogue about its concerns regarding the “overbroad scope of the guidelines,” particularly the mandatory registration of social media accounts and platforms, and the “free speech and privacy implications of such registration.”

The group said the same concerns had been raised by social media users who fear that their accounts and websites might be taken down or blocked and they themselves would be the targets of disinformation and misinformation.

A way to check spending

At a news forum on Oct. 12, Garcia said that aside from monitoring fake news, one purpose of the registration of social media accounts and online platforms was to help the poll body check campaign spending.

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

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In an interview with reporters last week, Garcia said the registration of social media accounts was also important to combat foreign intervention, which he said remained a “threat” to the country’s elections. —WITH A REPORT FROM INQUIRER RESEARCH INQ