Date of Publication

5-19-2021

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Social and Behavioral Sciences | Social Influence and Political Communication

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Advisor

Thomas Elliot Mondez

Defense Panel Chair

Luis Gerardo Manabat

Defense Panel Member

Voltaire Salud

Abstract/Summary

In light of the mass proliferation of fake news particularly from 2016 till present, comes the need for reform. Social media companies being private entities possess the necessary powers to govern their domain; thus, violations of their own terms and agreements give rise to these powers and obligations. While fake news is considered to be prohibited, the issue at hand is actually defining the parameters of what constitutes fake news and the corresponding legal actions to combat such; thus, this paper seeks to do just that.

In formulating the definition of fake news, the research embodies the essential elements that are crucial to what fake news is. Relevant credible scholarly articles and foreign definitions are examined to create a definition that is definite, objective and exact.

The researchers chose Facebook as the primary subject of this study due to its dominant influence in its industry and the society. In doing so, they examined the business model and responsibility of Facebook in an effort to establish its liability with respect to the proliferation of fake news within its domain. The researchers point to three factors as to why Facebook should be held liable. First is the problematic rules they have prescribed through the Community Standards and Terms of Service due to its ambiguity and lax treatment on government officials. Next would be their business model as it allows for easier production, targeting and dissemination of fake news within their domain. Lastly their anti-competitive behavior allows Facebook to turn itself into a dystopic fortress that confines its users in a domain that fails to secure them from fake news while eliminating chances for verification from external sources.

The study aims to identify, analyze, and recommend the best recourse for both the government and social media companies to work in unison, in order to address the ever growing problem of fake news proliferating in online platforms. The methods of which were done by reviewing the current circumstances, laws, jurisprudence, and legal frameworks of the Philippines. In which, it was deemed that the current legal framework is insufficient and lacking in addressing a relatively timely issue of fake news dissemination in social media platforms. They proceeded to the examination of foreign jurisdictions of Korea, Indonesia, Germany and the United States of America, the researchers found that while international jurisdictions have taken legal measures to combat fake news, they suffered from inadequately defining fake news. Such inadequacy may potentially serve as the root cause in its abuse and bias; therefore, limiting or eliminating the aspect of subjectiveness in determining what constitutes fake news is the optimal course of action towards employing the most efficient means in tackling fake news.

Upon thorough examination of the legal actions taken by the aforementioned international jurisdictions, the researchers have consolidated the most feasible and effective measures undertaken and embodied them in a proposed bill. The bill highlights three integral factors which shall spell its success. First is the formulated definition of fake news: any verifiably false and fabricated information affecting public concern posted on social media platforms that constitutes the intentional fraudulent act to influence, deceive, and provoke its readers into acting in accordance with the interest of the author. Next is the creation of the Anti-Fake News Office which shall be tasked to monitor and prosecute reports regarding the presence of fake news in the Philippine cyberspace with respect to the prescribed definition in the bill. It shall then compel the compliance of social media platforms in the Philippine cyberspace by relaying such reports and requiring quarterly reports. Lastly, the bill shall prescribe a procedural framework for compliance geared towards the eradication of fake news within their domain. The framework was formulated in compliance with the law, to which the goal of such consists of providing social media companies with a medium in achieving a safer and more genuine platform.

Abstract Format

html

Language

English

Keywords

Fake news—Philippines; Online manipulation—Philippines; Misinformation—Philippines; Facebook (Electronic resource)

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Embargo Period

7-10-2021

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