On July 1, 2024, House Bill 10567 for the Deepfake Accountability and Transparency Act was introduced to the Philippine House of Representatives. The bill was subsequently referred, on July 29, 2024, to the Committee on Information and Communications Technology.

Definitions

The bill defines a 'deepfake' as any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof:

• which appears to authentically depict any speech or conduct of a person who did not in fact engage in such speech or conduct; and
• the production of which was substantially dependent upon technical means, rather than the ability of another person to physically or verbally impersonate such a person.

While artificial intelligence (AI) is defined as 'computerized methods and tools, including but not limited to machine learning and natural language processing that act in such as way that resembles human cognitive abilities when it comes to solving problems or performing certain tasks. Likewise, 'generative AI system' is considered any system, tool, or platform that uses AI to generate or substantially modify video, audio, print, or text content.

Disclosure

Specifically, the bill requires that any person who, using AI, generative AI system, or any other means or facility produces or distributes a deepfake, with the intent to distribute such a deepfake over the internet or knowledge that such a deepfake shall be so distributed, shall ensure the deepfake contains the following disclosures:

• Audiovisual disclosure: deepfakes that contain both an audio and a visual element must include:
  • not less than one clearly articulated verbal statement that identifies the record as containing altered audio and visual elements, and a concise description of the extent of such alteration;
  • an unobscured written statement in clearly readable text appearing at the bottom of the image throughout the duration of the visual element that identifies the record as containing altered audio and visual elements, and a concise description of the extent of such alteration; and
  • a link, icon, or similar tool to signal the content has been altered by or is a product of generative AI or similar technology.
• Visual disclosure: deepfakes exclusively containing a visual element must include an unobscured written statement in clearly readable text appearing at the bottom of the image throughout the duration of the visual element that identifies the record as containing altered visual elements, and either;
  • a concise description of the extent of such alteration; or
  • a clearly visible link, icon, or similar tool to signal that the content has been altered by, or is the product of, generative AI or similar technology.
• Audio disclosure: advanced technological false personal records exclusively containing an audio element must include, at the beginning of such record, a clearly articulated verbal statement that identifies the record as containing altered audio elements and a concise description of the extent of such alteration, and in the event such record exceeds two minutes in length, not less than one additional clearly articulated verbal statement and additional concise description at some interval during each two-minute period thereafter.

Enforcement

The Department of Information and Communications Technology (DICT), in coordination with the Department of Science and Technology (DOST), the Department of Education (DEPED), and the Department of Trade and Industry (DTI) are tasked with issuing rules and regulations for the implementation of the disclosure requirements under the bill.

The bill provides for penalties of PHP 5 million (approx. $87,740) for non-compliance with the disclosure requirements, and PHP 2 million (approx. $35,090) for removal, altering or causing another to remove or alter the disclosures, alongside PHP 3 million (approx. $52,640) for every violation thereafter.

You can read the bill here and track its progress here.