Addressing AI-Driven Election Misinformation
A surge of election-related falsehoods, particularly through the use of AI applications in Philippine election, is anticipated in the upcoming 2025 elections. To effectively combat this issue, robust electoral compliance strategies will be essential.
Many democratic countries have already had the displeasure of encountering deceptive AI election contents. Developed countries like Slovakia and the United States of America, even with their advanced electoral systems, were not spared from this.1 There is, concededly, no evidence of direct causal relationship between the misinformation or disinformation and the outcome of the elections. Still, one cannot deny that these misshapen digital election materials which are expected to abound around the time of the 2025 elections can definitely sway the voters to cast not their political will on the ballots but the maneuverings of the digital fraudsters and manipulators.
Democratic societies worldwide are increasingly acknowledging the challenge posed by deceptive and irresponsible uses of the internet, social media, and artificial intelligence (AI) technology, especially regarding election integrity. In response, they are taking steps to mitigate these harmful impacts through election law. This includes enacting legislation, reforming electoral policies, criminalizing specific actions related to election interference, and implementing various regulations and prohibitions designed to protect the integrity of the electoral process.
Election Law Guidelines: Resolution No. 11064 for Digital Campaigns in the Philippines
In the Philippines, the Commission on Elections (COMELEC) has recently enacted Resolution No. 11064, which is set to take effect during the campaign and election periods for the National and Local Elections, as well as the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) Parliamentary Elections scheduled for 2025. This resolution is titled: Guidelines on the Use of Social Media, Artificial Intelligence, and Internet Technology for Digital Election Campaigns, and the Prohibition and Punishment of Their Misuse for Disinformation and Misinformation in Connection with the 2025 National and Local Elections and the BARMM Parliamentary Elections.
Its purpose is to provide a comprehensive framework that governs the responsible use of digital platforms and technology in election campaigning. The guidelines aim to ensure transparency and integrity in the electoral process while addressing the growing concern of misinformation and disinformation that can distort public perception and influence voter behaviour. Key features of this resolution include provisions for the ethical use of social media and AI, mechanisms for monitoring compliance with election law, and clear penalties for violations—essential for maintaining the democratic principles that support the electoral process.
- Definition of important terms such as deepfakes, cheapfakes, and softfakes
- Requiring candidates, parties, their authorized representatives and their respective campaign teams, and other covered individuals and entities to register with the Education and Information Department (EID) of the COMELEC the official social media accounts, websites, digital and internet-based campaign platforms primarily designed or used to promote the election or defeat of a particular candidate or candidates of candidates and parties2. Failure to comply with this requirement may be a cause for the removal, takedown, or blocking of the content, social media, digital platforms, or accounts3.
- Requiring the disclosure of the use of AI technology in Philippine election propaganda and campaign materials themselves which utilize such technology, and the employment of appropriate technology such as watermark technology required by the COMELEC to identify its authenticity and legitimate source4. A content disseminated or published through the social media accounts without any proper disclosure or use of watermark technology required by the COMELEC may be a cause for the removal, takedown, or blocking of the content, social media, digital platforms, or accounts.5
- Enumeration of the prohibited acts which are considered misuse and malicious use of social media, artificial intelligence technology, and internet technology, and which may constitute an Election Offenses6, under Sec. 261(z)(11) of the Omnibus Election Code (OEC). However, it is required that such acts must be committed during the election and campaign period, and for the purposes of propagating disinformation and misinformation to endorse or campaign against a candidate, a political party/coalition, and party-list organizations, as well as for propagating disinformation or misinformation against the Philippine election system, the COMELEC, and the electoral processes in the Philippines7.
- Referral of complaint to the relevant agencies for appropriate action, in case of possible violation of other laws such as, but not limited to, Republic Act No. 10173 (Data Privacy Act of 2012), and Republic Act No. 10175 (Cybercrime Prevention Act of 2012).8
- Creation and composition of Task Force sa Katotohanan, Katapatan, at Katarungan sa Halalan or Task Force KKK sa Halalan,9
- Due process mechanisms such as the procedure to be observed upon detection of prohibited acts10, and issuance of show cause orders11.
Ensuring Integrity in the 2025 Elections through Legal Expertise
The importance of the role of the Legal Profession in the 2025 Elections simply cannot be overstated. The services of political and election lawyers who are well-versed in Election Laws – OEC, Fair Elections Act, the implementing rules and regulations, COMELEC Resolutions and other relevant election laws – are a must-have, as there are certain crucial legal remedies available in the field of Election Law which can only be resorted to during very short periods and thus their urgent nature necessitate that they be availed of promptly. For instance, an Election Protest can only be filed within 10 days, 15 days, or 30 days, depending on the elective positions involved. Hence, it is so imperative that the applicable and appropriate legal responses be delivered very promptly and with the speed of Hermes.
Consulting an Election Law Office
If someone is facing issues related to election laws or has questions about their rights and responsibilities in the electoral process, it is advisable for them to consult an election law office. The expertise offered by these professionals can provide valuable guidance and support to navigate the complexities of election regulations, ensuring they are well-informed and protected.
Abo Law Firm possesses proven expertise in Political and Philippine Election Law and is dedicated to upholding the constitutional principle that sovereignty belongs to the people and all government authority derives from them. The law firm is composed of expert election lawyers, is optimistic that its diligent application of legal expertise will lead to a significant decline and eventual elimination of election-related misinformation and disinformation across both mainstream and online media platforms.
Written by: Atty. Alexandro Galit
- https://edition.cnn.com/2024/02/01/politics/election-deepfake-threats-invs/index.html ↩︎
- COMELEC Resolution 11604, Sec. 1, Art. III ↩︎
- COMELEC Resolution 11604, Sec. 7, Art. III ↩︎
- COMELEC Resolution 11604, Sec. 1, Art. IV ↩︎
- COMELEC Resolution 11604, Sec. 4, Art. IV ↩︎
- An establishment of a new variant of election offense under COMELEC Resolution 11604 is still open to challenge using the principle of strict construction of penal provisions and the doctrine of separation of powers ↩︎
- COMELEC Resolution 11604, Sec. 1, Art. V. ↩︎
- COMELEC Resolution 11604, Sec. 2, no. 6, Art. V. ↩︎
- COMELEC Resolution No. 11604, Sec. 1, Art. VI. ↩︎
- COMELEC Resolution 11604, Sec. 2, Art. V ↩︎
- COMELEC Resolution 11604, Sec. 2, no. 3, Art. V ↩︎
