Read part two of the report here.

It may be through tougher regulations, like data protection laws, that will protect Filipinos from the dangers of tech giants like Facebook, an internet rights advocate group suggested.

Such a mode of regulation will not be content-based, and neither will it infringe upon the Filipinos’ freedom of expression online. This is different from the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) and the military’s idea of regulating social media content deemed to be “preparatory acts of terrorism” under the Anti-Terror Law.

“The NTF-ELCAC has been very keen on targeting groups and individuals that are particularly critical of the government. We see the regulation of social media that they suggested as an extension of their aggressive stifling of dissent, which puts the Filipino people at greater risk,” the Computer Professionals’ Union (CPU) told the Collegian.

Stricter data privacy rules could mean tech companies will have lesser control over users’ online information, making it less likely for them to use such data for profit.

CPU also noted that, on top of stricter laws, the government may also consider investing in technological infrastructure so the country’s online data may need not be taken offshore for storage and processing. In this way, Philippine laws will apply to Filipinos’ data, CPU added.

Even the National Privacy Commission (NPC) has proposed strengthening the Philippine Data Privacy Act (DPA) of 2012. House Bill 9651 seeks to expand the application of DPA to all companies worldwide that process Filipinos’ data. Similarly, firms involved in data privacy violations like data leaks may also face imprisonment or be penalized up to P4 million.

The NPC-backed bill already passed the House of Representatives last August and is now in the Senate.

A state-funded think-tank, however, believes that more than domestic legislation, international data protection policies must likewise be standardized.

In a research paper, the Philippine Institute for Development Studies (PIDS) noted several deficiencies in the implementation of laws and policies aimed at cross-border digital platforms. Since Facebook collects data globally, different data privacy laws across countries means Facebook will only comply with the minimum requirements of the regulations.

Notably, PIDS cited Facebook as one of the companies exploiting global regulatory gaps. Until 2020, Facebook’s intellectual property licenses were registered in Ireland in a bid to enjoy lower tax rates. In 2018, the company revised its terms of service, saying that data from users from the European Union (EU) will now be processed in the US to avoid the stricter General Data Protection Regulation (GDPR) in the EU.

The GDPR has an expansive list of protected personal data, including political beliefs which Facebook’s algorithm tracks. It also gives EU citizens vast control and access over their personal data collected by companies. Violators of the law can face a penalty of up to 20 million euros or four percent of the company’s global sales.

While PIDS did not make concrete policy proposals, it encouraged Congress to allow “regulatory sandboxes,” a setup to allow tech companies to test policies and innovations without a full deployment. With the use of a sandbox, the market players are allowed to develop and refine policies in real-life scenarios through the help of the government and without affecting the wide public.

As civil society and rights defenders lobby to protect Filipinos from tech giants, the Philippine government should be investigated, too, according to Jamilla. After all, even Facebook has already disclosed that state forces have weaponized social media to malign activists, and even journalists and media organizations.

“Yung estado na talaga ang nagpo-pondo sa mga networks na yan and malaki yung pananagutan nila sa pagpapakalat ng disinformation, red-tagging, at violent rhetoric,” Jamilla said. “From a human rights aspect, kailangan mong tingnan ang network [ng state forces] since pera ng taumbayan yan [at] government institutions sila.”

In light of the intense criticism Facebook has received over its leaked documents, the social media’s parent company, Meta, announced this week that beginning early next year, sensitive keywords will now be excluded in ad targeting. In a blog post, the company said keywords like “Jewish holidays,” “Catholic church,” “LGBT culture,” among others will be prohibited from being used for ads. It is unclear, however, if the new policy will apply to Meta’s future platforms.

The Collegian has reached out to Facebook for comments, but the company has not replied as of press time.

As the elections draw near, pressure on social media companies and the government itself must be maintained, Jamilla said, to ensure that taxpayers’ money is not used to exert influence over the 2022 polls. Such is especially the case since the NTF-ELCAC is now beginning to vilify progressive candidates and party-lists, labelling them as NPA “legal fronts.”

“Malawak na ang saklaw niya (social media) sa everyday life ng tao ngayon at nagiging conduit ito sa disinformation at foreign interference sa elections. Kaya very important na may pushback diyan kasi yung sovereignty na ng bansa natin ang nakasalalay diyan,” Jamilla added. ●

This is the last of a three-part series on how Facebook amplifies malicious content that potentially heightens risk to Filipino rights defenders’ safety and civil liberties. Read part one here, and part two here.