29/08/2022
Public Information | Fake news under Article 154 may be committed “by means of printing, lithography, or any other means of publication”.
Social media may be considered “other means of publication,” but to remove any doubt, the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) provides that penalties for crimes committed by, through and with the use of information and communications technologies shall be one degree higher. “Information and communication technology system” refers to system intended for, and capable of, generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents, and includes the computer system or other similar device by or in which data is recorded or stored, and any procedures related to the recording or storage of electronic data message or electronic document (Sec. 3[z], Implementing Rules and Regulations of Republic Act No. 10175).
The penalty for violations of Article 154 is imprisonment of arresto mayor, but the fine was increased to a range of P40,000 to P200,000, pursuant to Republic No. 10951 (“An Act Adjusting the Amount or the Value of Property and Damage on which a Penalty is Based, and the Fines Imposed under the Revised Penal Code, amending for the Purpose Act No. 3815, Otherwise Known as “The Revised Penal Code”, as Amended”), which was signed by the President on 29 August 2019.