Ban on AIDS misinformation
Credit to Author: PERSIDA ACOSTA| Date: Wed, 30 Jan 2019 16:54:24 +0000
Dear PAO,
I once saw an article on social media about an alleged cure for HIV and AIDS. Upon verification, it turned out to be fake news. I just want to know if there is any law that punishes the spreading of this kind of news.
Grape
Dear Grape,
Please be informed of the provision of Section 22 of Republic Act 11166, otherwise known as the “Philippine HIV and AIDS Policy Act,” which provides:
“SEC. 22. Misinformation on HIV and AIDS. — Misinformation on HIV and AIDS, which includes false and misleading advertising and claims in any form of media, including traditional media, internet and social platforms, and mobile applications, of the promotional marketing of drugs, devices, agents or procedures without prior approval from the Department of Health through the Food and Drug Administration, and without the requisite medical and scientific basis, including markings and indications in drugs and devices or agents claiming to be a cure or a fail-safe prophylactic for HIV infections shall be prohibited.”
Clearly, the spreading of misinformation about the alleged cure for human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) is a violation of the abovementioned law. Section 50 (a) of the same law provides for the penalty of its violation:
“(a) Any person who commits the prohibited act under Section 22 of this Act on misinformation on HIV and AIDS shall, upon conviction, suffer the penalty of imprisonment ranging from one year but not more than 10 years, a fine of not less than Fifty thousand pesos (P50,000.00), but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court: Provided, That if the offender is a manufacturer, importer or distributor of any drugs, devices, agents, and other health products, the penalty of at least five years imprisonment, but not more than 10 years, and a fine of at least Five hundred thousand pesos (P500,000.00) but not more than Five Million Pesos (P5,000,000.00) shall be imposed: Provided, further, That drugs, devices, agents, and other health products found in violation of Section 21 of this Act may be seized and held in custody when the FDA Director-General has reasonable cause to believe facts found by him/her or an authorized officer or employee of the FDA that such health products may cause injury or prejudice to the consuming public;
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This opinion is based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
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