NBI taps Interpol to go after fake news peddlers

MANILA, Philippines — The Philippines is again seeking the assistance of the International Criminal Police Organization (Interpol), this time in tracking down Filipinos spreading fake news from abroad, National Bureau of Investigation (NBI) Director Jaime Santiago said yesterday.

In tapping the Interpol, Santiago acknowledged the challenge of pursuing spreaders of deceitful information, especially in countries like the United States, where libel is considered a civil case rather than a criminal offense.

He added that enforcing Philippine laws on US citizens accused of fake news dissemination would be difficult since their country follows a different legal system.

“We are looking into all legal angles. While libel is not a crime in the US, inciting to sedition is punishable in both countries,” Santiago said in Filipino in an interview at the Department of Justice (DOJ) in Manila.

He also mentioned that authorities are examining tax evasion as a possible charge, citing the case of Al Capone, who was prosecuted for tax violations rather than his other alleged crimes.

The NBI is currently investigating at least 20 people suspected of being part of an organized network spreading false information, particularly targeting government officials and political personalities.

Santiago noted that authorities are also looking into the funding sources of fake news peddlers, as their content appears to follow a coordinated theme.

“We are asking why their narratives are the same. Why do their messages align with political conflicts? This is what we need to uncover,” Santiago said.

For Filipino citizens abroad, Santiago said the NBI can request Interpol assistance to bring spreaders of false information back to the Philippines through extradition, he said.

Santiago also addressed concerns over freedom of speech, emphasizing that while the NBI respects this right, spreading false information that incites sedition or defames people must be stopped.

“We respect freedom of speech and expression. But when the line is crossed, when it becomes libel or inciting to sedition, we have to act,” he said.

Santiago added that the NBI is strengthening coordination with Interpol, citing a recent successful operation wherein agents rescued three Filipinos in Cambodia through international cooperation.

Cybercrime unit

He said Justice Secretary Jesus Crispin Remulla has instructed the NBI to beef up its Cybercrime Division.

“Cybercrime is a new trend in the world, not just the Philippines,” Santiago said. “The SOJ said that we should assign them to the Cybercrime (Division) and to immediately coordinate with the Australian government for their training.”

He was referring to 44 newly trained NBI agents consisting of lawyers, information and technology experts and forensic examiners. Remulla witnessed their graduation yesterday.

“Fake news can cause panic. We just want to be on the right side of the law. There should be no (fake news) because it can cause a lot of unsettlement, I mean it can unsettle people’s feelings and we don’t want that to happen,” the DOJ chief said.

“Actually the borders are now getting less and less. There will come a time that even running after those who spread it from distant shores will be very possible,” he said.

At a press briefing, Senate President Francis Escudero said that while the Constitution guarantees freedom of speech and expression, such right is not absolute.

“Everyone has the freedom to share their opinions, but when someone presents something as a fact, that’s where scrutiny becomes necessary,” Escudero said.

He said the Constitution provides that no law shall be passed abridging the freedom of speech, expression or the press, noting a proposed measure to address fake news.

“Our idea is straightforward and clear, as stated in the Constitution, Article 3, Section 4: no law shall be passed that abridges the freedom of speech, expression or the press. Therefore, Congress should not enact any law that contradicts this principle,” Escudero said. “The key to any legislation regarding fake news is that it should not infringe on the rights of our citizens to express their feelings and thoughts, whether true or not. After all, those are their feelings and opinions. It’s different when someone presents outright lies as truths; those are not the same.”

Not enough

Meanwhile, pro-Duterte vloggers should show their sincerity by telling the truth, as their apologies made at a congressional hearing were not enough, Rep. Benny Abante said.

“If they are truly sorry, they should use their platforms now to correct the misconceptions they promoted. Say what is true. Describe what really happened. Acknowledge the pain of the (EJKs) victims’ families,” Abante said, addressing vloggers who were made to acknowledge their role in spreading false information at a recent House hearing.

The vloggers were Krizette Laureta Chu and Mary Jane Quiambao Reyes.

“We’re not just talking about social media posts. We’re talking about narratives that erase the suffering of victims (of extrajudicial killings), distort history and protect impunity,” Abante, chairman of the House committee on human rights, said.

For former Bayan Muna congressman and now senatorial candidate Teddy Casiño, the vloggers who admitted spreading damaging and unverified information must be held accountable, but not at the expense of restricting freedom of expression.

“While we believe that those spreading lies and disinformation should be held liable for whatever wrongful actions they commit, we cannot resort to gagging them as this runs counter to the Constitution, which guarantees freedom of thought and expression,” he said.

CHR warning

The Commission on Human Rights (CHR) also cautioned law enforcement agencies against pursuing criminal prosecution that may constitute “prior restraint on free speech.”

“The CHR reminds our law enforcement officers and agencies to remain circumspect in enforcing criminal laws that have a direct impact on the enjoyment of the freedom of expression by every individual,” it said in a statement.

“While there are limitations to freedom of expression, government-based sanctions that look into the truth or falsity of a statement are a form of content-based restraint that may be considered a prior restraint on free speech,” it added.

The CHR stressed that prior restraint on free speech is prohibited under 1987 Constitution, specifically Section 4 of the Bill of Rights.

A lawyer advocating tougher action against disinformation has also warned against passing new laws or regulations that target purveyors of false information.

While he agrees that those who peddle lies on social media should be held accountable, Movement Against Disinformation founding president Antonio La Viña said legislating new laws is not the solution.

“I’m not in favor of any kind of government intervention, legislated definition ng fake news because that will affect all of us eventually,” he said in a mix of English and Filipino during an interview with “Storycon” on One News.

La Viña said there are already existing laws that can be used to hold purveyors of false information accountable.

“We saw that the most effective is filing civil cases,” he said, noting that false information is often driven by engagements and monetization of content.

“You have to hit them where it hurts them the most, which is their pockets,” he said. — Cecille Suerte Felipe, Janvic Mateo, Evelyn Macairan, Delon Porcalla