SENATE President Francis Escudero has filed a bill seeking to penalize the wrongful and deceitful use of artificial intelligence (AI).
“This bill seeks to mitigate, if not eradicate, such predicament by establishing legal protection against unauthorized use of one’s physical attributes. It affirms the individual’s power over the commercial or public use of their physical attributes, prohibits its unauthorized use, and penalize its unlawful generation, distribution, publication, use, or commercialization,” Escudero said in filing Senate Bill No. 782.
He said that while the use of artificial intelligence has redefined modern-day communication and creative production, unscrupulous individuals have exploited it to spread disinformation, malign individuals, or promote investment scams, among others.
“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,” he said.
Under SB 782, or the proposed “Physical Identity Protection Act,” any person who will be found guilty of creating, generating, reproducing, duplicating, simulating, distributing, disseminating, or publishing attributes without a person’s consent in any media content, regardless of the medium, platform, or point of access, will be held criminally liable.
The bill proposes a jail term of one to two years, and a fine not exceeding P200,000, or both to offenders.
If the intent of the illegal content is to acquire financial gain, the proposed measure calls out for a jail term of two to four years, or a fine ranging from P200,000 to P400,000, or both.
If the purpose is to commit fraud, a jail time of four to six years is recommended, or a fine of P400,000 to P600,000, or both.
If the intent is to acquire financial gain or profit and to facilitate or commit a crime of fraud, the bill proposes an imprisonment of up to 12 years or a fine of P600,000 to P1 million, or both.
Government officials and employees who will be found guilty of committing AI-related crimes will be perpetually disqualified from holding public office, aside from the jail terms and fines.
Certain exemptions, however, are included in the bill, such as if the use of physical attributes of a person in an AI-generated content is undertaken in good faith, like factual reporting and documentation of matters concerning public interest by the media.
“These interventions provide the government with the wherewithal to address emerging threats, ensure accountability in the use of Al technologies, and promote creativity and innovation without compromising personal rights and liberties, legitimate speech, journalism and news coverage, academic and educational research, documentary and historical piece and other similar works,” Escudero said.
