Escudero wants criminal penalty vs. misuse of AI for scams, fake news

Under the bill, any person who creates, generates, publishes, or distributes media content that uses an individual’s physical attributes—without their consent—shall be criminally liable, regardless of the platform or point of access. (Pexels Photo)

By Wilnard Bacelonia, Philippine News Agency

MANILA – Senate President Francis Escudero on Tuesday said he is seeking to criminalize the unauthorized use of a person’s likeness and identity through artificial intelligence (AI), warning that AI-generated content is increasingly being exploited to spread fake news, commit fraud, or endorse illegitimate products.

Escudero filed Senate Bill No. 782, or the proposed Physical Identity Protection Act, which seeks to impose jail terms, stiff fines, and permanent disqualification from public office for government officials who are found guilty of misusing AI.

“Used properly, AI could serve as a powerful tool for education, business, and other fields for improving productivity, research, and finding solutions to complex problems.

However, the reality is that AI is being exploited by some to cause personal harm or undermine public trust,” Escudero said.

Under the bill, any person who creates, generates, publishes, or distributes media content that uses an individual’s physical attributes—without their consent—shall be criminally liable, regardless of the platform or point of access.

“Marami na tayong nakikitang pulitiko o negosyante na parang may iniendorso, pero peke pala. Ginagamit lang ang imahe nila gamit ang AI, na walang pahintulot (We often see politicians or businessmen appearing to endorse products or investments, only to find out that their image was used via AI without consent),” Escudero warned.

Violators may face:

–one to two years imprisonment, or a fine of up to PHP200,000, or both;

–two to four years imprisonment, or a fine of PHP200,000 to PHP400,000, or both, if done for financial gain;

–four to six years imprisonment, or a fine of PHP400,000 to PHP600,000, or both, if used to facilitate a crime or fraud;

–Up to 12 years imprisonment, or a fine of PHP600,000 to PHP 1 million, or both, if done for profit and to commit fraud or other crimes.

If the offender is a public official or employee, the bill imposes perpetual disqualification from holding public office, in addition to the maximum penalties.

Escudero clarified that exemptions would apply in cases of good faith, such as for media reportage, academic research, documentary work, and public interest disclosures.