In recent decades, we have witnessed remarkable advancements in technology that have had a profound impact on our lives. From the internet to cutting-edge innovations like artificial intelligence, non-fungible tokens, and cloud computing, these developments have reshaped our daily routines. While there have been positive changes, such as the ability to conduct safe online transactions during the pandemic, issues arise when technology evolves faster than our laws can keep up.
One pressing problem that arises from the intersection of law and technology is the prevalence of false advertisements on social media. Filipinos, in particular, are avid users of social media platforms. A 2021 Pulse Asia survey revealed that 63 percent of Filipino adults use the internet, with an astonishing 99 percent of them engaging with social media. While social media usage itself is not a problem, it becomes problematic when people exploit it to deceive others, such as spreading false information about their products.
A recent incident involving TV-movie personality Kris Aquino and a Facebook page called “Doc Willie and Liza Ong” exemplifies this issue. The page allegedly used Aquino’s photos to promote mixed nut products as a cure for cancer. Aquino responded by sending a demand letter to the owners of the page, who were later revealed to potentially be victims of misinformation themselves (Dr. Willie Ong clarified that they do not own the Facebook account). Unfortunately, instances like this are common, as false information can easily be disseminated with just a few clicks.
Addressing online misinformation is a complex task that requires striking a balance between freedom of speech and censorship. While our Constitution values freedom of speech and expression, this principle makes it challenging for the government to regulate social media posts, regardless of their falsity. Additionally, although we have laws in place to prevent unfair trade practices, such as the Consumer Act of the Philippines and the Intellectual Property Code, there is no specific legislation that directly penalizes social media companies for hosting false advertisements. These companies can claim that they are intermediaries merely facilitating the exchange of information, rather than the ones spreading misinformation.
Nevertheless, consumers are not entirely helpless in the face of false advertisements. They can rely on Joint Administrative Order (JAO) No. 22-01, which holds e-commerce platforms responsible for violations against consumers, including deceptive sales practices. While the JAO is not a law per se, it carries the same weight as a law in the online space. Additionally, government agencies like the Department of Trade and Industry have established online mechanisms for consumers to file complaints against erring sellers.
There is hope on the horizon with the proposed internet transactions bill, which President Marcos has recently designated as urgent. He believes that this bill, once enacted, will foster trust between online merchants and consumers. While we wait for this law to come into effect, we can contribute to combating harmful propaganda by reporting pages that disseminate fake information. Companies like Meta, Instagram, and Amazon offer users the ability to report owners of such pages. Our collective efforts in exposing these accounts can potentially make a dent in the persistent spread of misinformation.
Author Bio:
Mario C. Cerilles Jr. is a co-founder of Cerilles and Fernan Intellectual Property Law. He also serves as a professor of intellectual property law at the University of the Philippines College of Law. Contact him at [email protected].
Denial of responsibility! VigourTimes is an automatic aggregator of Global media. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, and all materials to their authors. For any complaint, please reach us at – [email protected]. We will take necessary action within 24 hours.
