MOTION: Let it be resolved that the State is justified in imposing a

penalty against the publication of fake news.

Problem:
The problem is that fake news may actually pass off as true and correct.
This, in turn, affects people’s perception or opinion on others and harm
people’s reputation. Worse, fake news creates confusion about what is true and
adversely affects citizens’ decision-making on important issues (who to vote for
in an election or which side to take on public matters). Even the most
educated among us may be duped into believing fake news.
Fake news or false information has polarized an already divided nation
like ours, and the sad part is that this problem has a normative effect. People
may choose what “truths” to believe in, which may be shared and accepted by
the majority of the population. Fake news sways public opinion and adversely
affects a country’s ability to govern itself. It puts to great risk the proper
workings of a democratic nation like the Philippines.

RELEVANT LAWS: Please research on these. Read them and please include any other
possible arguments for BOTH SIDES.
1. Article 154 (Unlawful Use of Means of Publication and Unlawful Utterances) of
RPC in relation to R.A. 10951, Section 18 (for penalty)
2. Article 353 to 356 (Libel) of RPC
3. Senate Bill 1680 by Sen. Grace Poe
4. Senate Bill 1492 by Sen. Villanueva

TAKE NOTE:
Practicability means always comparing the affirmative and negative side: _____A_____
is better than ______B______ because ___________________________.
The arguments and research should answer the problem proposed by the necessity
speaker.
 Look for statistics regarding the spread of fake news (if there is any)
 Look for relevant jurisprudence regarding fake news
o Quote the discussion on the advantages and disadvantages of fake news
o Quote the ruling and the rationale for the ruling wherein a false news
was actually penalized
 See Senate hearings on fake news: https://www.youtube.com/watch?
v=WKS1VfIpbN4&list=PLxIGRNqt1BBizjopZxjeJReVU9UR3HcwW&index=3
 AFFIRMATIVE
We will point out that it is better and practicable to impose penalties on fake news
than not to penalize it at all.

ARGUMENT 1: THE RPC, IN FACT, ALREADY PENALIZES UNLAWFUL

PUBLICATION OF FALSE NEWS OR UNLAWFUL UTTERANCES OF FAKE NEWS.
THEREFORE, IT IS REALLY THE INTENT OF THE STATE TO PENALIZE IT.
 See Art. 154
 See Art. 353 to 356
 Senate Bill 1680
 Senate Bill 1492
 See the reason behind the laws
 See jurisprudence regarding Art. 154 and 353 to 356
 Research on the blogger sued by Franklin Drilon for libel

ARGUMENT 2: PENALIZING FAKE NEWS PROMOTES MEDIA OR PRESS

RESPONSIBILITY
If fake news will be penalized, it will lead to a more responsible media.
 Provide statistics from other countries with laws on fake news
 Provide details on press/media responsibility or ethical conduct

ARGUMENT 3: PENALIZING FAKE NEWS IS PRACTICABLE BECAUSE OF THE

RECENT TREND ON THE RISE OF FAKE NEWS
The increase in fake news for the past year has led to polarization of views and even
strengthened the divided color politics in the Philippines.
 Provide for statistics regarding increase in fake news, libel cases, Art. 154 cases
 Provide people known for fake news
 Provide news on polarization of views or class of different parties/colors
because of fake news
 NEGATIVE
We will point out that it is not practical to impose penalties on fake news.

ARGUMENT 1: UNFILTERED NEWS IS VALUABLE TO PUBLIC DEBATE

ARGUMENT 2: PENALIZING “FAKE NEWS” WILL BECOME SO ABITRARY

BECAUSE THERE IS NO LEGAL DEFINITION TO DETERMINE WHAT IS TRUE OR
FALSE