Rise of ‘Filipino trolls’ spurs push for legal fix amid Chinese influence concerns
A proposal to update a nearly 50-year-old law requiring individuals to disclose their political activities in the interest of national security has gained steam amid allegations of the rise of “Filipino trolls” espousing pro-Beijing content.
He argued on a local radio show that the legal amendments were needed to counter such individuals who would otherwise abuse freedom of expression in the country, “so that everyone in the Philippines knows you’re paid to speak for China”.
Under the current law, individuals who fail to register may face up to five years in prison, penalties of up to 10,000 pesos (US$170), or both.
The retired justice said registration served transparency purposes and heavier penalties would deter individuals from espousing such narratives, which could be instrumental in shaping public opinion on the South China Sea dispute.
Carpio’s comments come amid condemnation by Philippine Coast Guard official Jay Tarriela of “Filipino trolls” who he alleged were being used as “puppets in amplifying the Chinese narrative”.
“I’m saddened that there are Filipino trolls. Some of them are social media influencers. Some of them are fanatics of known politicians,” he claimed last week.
Senate Deputy Majority Leader JV Ejercito on Monday said online trolling could be considered an act of treason, since national interests and security were on the line.
In December, a report by news outlet Rappler detailed the contents of an alleged onboarding document by local firm InfinitUs Marketing Solutions that appeared to brief employees on creating and managing its “social media army”, involving more than 300 online accounts run by an 11-member team.
The alleged brief included protocols on creating an “impenetrable, solid, and believable Facebook account that would operate under the radar of Facebook restrictions and strict community guidelines”.
Then senator Francis Tolentino had earlier in April accused the Chinese embassy of contracting InfinitUs to unleash “keyboard warriors” for its digital campaigns.
At a hearing, Tolentino presented a cheque dated 2023 and made out to InfinitUs that was issued under the embassy of the People’s Republic of China worth 930,000 pesos (US$15,740).
“This is not a mere contract. This contract and payment is the desecration of the dignity of Filipinos and the Philippines. All the content we thought had gone viral on its own, which people have been talking about online, are based on this, with China footing the bill to attack several personalities,” he said.
InfinitUs CEO Paul Li admitted at a Senate hearing in May that it had worked as a public relations firm for the Chinese embassy in Manila but denied involvement in disinformation operations.
The Chinese embassy in Manila did not specifically address the InfinitUs allegations. However, it stressed that “China adheres to the principle of non-interference in the internal affairs of other countries”, in a statement issued ahead of the Philippines’ midterm elections in May last year.
‘A middle ground’
While the registration of “trolls” in the Philippines was possible, Manila should exercise caution not to undermine freedom of speech and privacy, Darwin Angeles, a lecturer at the University of the Philippines’ college of law, told This Week in Asia.
Angeles said the 1979 law was meant to create “a middle ground” for individuals and groups with foreign affiliations engaging in political advocacy by regulating their activities and creating transparency without encroaching on their freedom of expression “provided they disclose their biases or foreign backing”.
“What I think [Carpio] is emphasising is the requirement to register if you are receiving support from a foreign government,” Angeles said.
“That kind of support can be proven through external evidence. For example, the government could show that you are actively receiving foreign funding – either directly through bank accounts, or indirectly through allowances, benefits, valuables, or property given in exchange for your services or political advocacy.”
Angeles said the Foreign Agents Act was designed at the time to counter foreign influence, but “with geopolitics being as it is, it’s not surprising that a law like this might have a second-use case, so to speak”.
While free speech was protected in the Philippines, Angeles said such protections could be tempered if the speech was meant to promote a foreign agenda that harmed local interests.
Angeles also pointed out that certain indicators, such as a change in a content creator’s lifestyle, could merit proof of engagement with trolls, and such contact could leave a trail even if through covert means, with the payments they received often traceable through electronic channels.
“It’s the same way as proving ill-gotten wealth. If a person has no other gainful means apart from content creation, then that means money must come from somewhere … their lifestyle indicates that there’s a different source. You can tie that to financial payment channels in their name and trace the origin of such payments,” he said.
While updates to the law may face privacy challenges, analysts say limited intrusion may be allowed if there is a compelling state interest and does not impose undue hardship on an individual, such as taking away one’s livelihood.
“So if you can continue doing what you’re doing – say, trolling – but you’re simply required to register and disclose who is backing you, then that may be considered reasonable,” Angeles said.
