The Arnel Pineda hoax and the laws it violates

Arnel Pineda/Photo by Elton Lugay

In the age of Artificial Intelligence and unregulated social media content, misinformation can spread like wildfire – damaging reputations, careers and peace of mind.

One recent example is a malicious social media hoax falsely claiming that Filipino international singer and Journey frontman, Arnel Pineda, was allegedly sentenced to life imprisonment. The viral post, cleverly designed with a Fox News logo and an AI-generated voice-over, has no factual basis and is a clear fabrication.

Sadly, many online users, without verifying the information, have shared the false video, further amplifying the lie.

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Arnel Pineda hoax: Legal ramifications in the US and the Philippines

This type of digital deception is not mere gossip – it violates both US and Philippine laws and can have serious legal consequences.

In the United States:

1. Defamation (libel and slander) – Under state defamation laws (which vary by state) and common law principles, publishing or sharing false statements that injure another person’s reputation is actionable.
2. False light invasion of privacy – Many US jurisdictions recognize this tort (wrongful act), where public dissemination of false information places an individual in a false light that is offensive to a reasonable person.
3. Digital Millennium Copyright Act (DMCA) – Misuse of Fox News’ trademarked logo without permission may constitute copyright and trademark infringement.
4. Communications Decency Act, Section 230 – While platforms may not be liable, the original poster or creator of the fake news can be sued for damages.

In the Philippines:

1. Revised Penal Code (RPC), Art. 353-355 – Libel – Under Article 353, any public and malicious imputation of a crime, vice or defect that tends to dishonor or discredit a person is punishable by imprisonment and fine.
2. Cybercrime Prevention Act of 2012 (RA 10175) – This law expands the definition of libel when committed through a computer system, increasing the penalty.
3. Data Privacy Act of 2012 (RA 10173) – Using manipulated digital content (like an AI voice-over) without the person’s consent may violate privacy rights.
4. Unlawful use of trademark – Misrepresentation by using a registered media network’s logo without authorization may be prosecuted under Intellectual Property Code of the Philippines (RA 8293).

Possible remedies for Arnel Pineda and other victims of fake news

Here are actionable legal options:

1. File a civil case for damages – Under both US and Philippine laws, the victim may file a lawsuit against the creator, distributor or sharer of the malicious content.
2. Criminal complaint for cyber libel – In the Philippines, the victim can file a case before the National Bureau of Investigation Cybercrime Division (NBI-CCD) or the Philippine National Police Anti-Cybercrime Group (PNP-ACG).
3. Report and take down – Victims can request social media platforms to take down defamatory content under their community guidelines and policies.
4. Pursue trademark infringement claims – If media logos or likenesses are fraudulently used, the copyright owner may initiate civil and criminal actions.
5. Demand public apology and retraction – This can be part of a negotiated settlement or court-ordered remedy.

The Arnel Pineda hoax is more than just showbiz gossip. It is a clear violation of multiple laws. It reminds us all to be responsible consumers and sharers of information.

If it were your rights that were violated, you have every right to pursue justice, demand accountability and protect your name and dignity in both digital and legal arenas. Truth matters, and so do our rights.

Atty. Arnedo S. Valera is the executive director of the Global Migrant Heritage Foundation and managing attorney at Valera & Associates, a US immigration and anti-discrimination law firm for over 32 years. He holds a master’s degree in International Affairs and International Law and Human Rights from Columbia University and was trained at the International Institute of Human Rights in Strasbourg, France. He obtained his Bachelor of Laws from Ateneo de Manila University. He is a professor at San Beda Graduate School of Law (LLM Program), teaching International Security and Alliances.