From start-up to technology giant, Facebook (FB) has woven itself into our daily lives unlike any other app. It is to be expected, then, that issues and controversies will happen with regard to it. It is different, however, to consider banning FB, so that one can no longer use it to access one’s friends or the news.

In September 2020, the company removed 155 FB accounts and 6 Instagram (IG) accounts for violating its policy against “foreign or government interference, which is coordinated inauthentic behavior (CIB) on behalf of a foreign or government entity.” These accounts originated in China, but focused primarily on the Philippines in support of certain politicians. 

It then took down two networks for using multiple fake accounts to operate, which is technically CIB. One of the two was traced back to the Philippine National Police and the Armed Forces of the Philippines.

What is so wrong with these actions that they made President Duterte question FB’s operations in the country? Aren’t FB posts free speech, covered by freedom of expression? Is FB being unfair, acting arbitrarily, or acting with discrimination?

Anyone can create an FB or an IG account. There is, thus, a continuing problem with fake accounts threatening or defaming individuals. Worse, some accounts even pretend to be someone else to wrongly attribute sources. We agree that such accounts should not be allowed on social media platforms – those that are intended to harm or to injure. It is a common sense standard.

From a legal standpoint, when one joins or subscribes to a service, one also signs up to its terms and conditions. In FB’s terms and conditions, an account must not engage in coordinated inauthentic behavior. There are two elements to CIB – the first is that the actions are inauthentic, i.e. not true, and the second is that such acts are interrelated.

In the context of politics and elections, the objective of accounts to mislead or deceive runs afoul of FB’s conditions of use. This is particularly true if the deceitful account is linked to a foreign government that targets another state – that is considered as “foreign interference.” If it was merely a group of foreigners expressing their individual views and opinions, this may still be defensible. In other words, the initial test is whether or not there is a concealment of identities. Hiding behind a fake name allows for the posting or sharing of fake news with abandon and impunity.

In the case of the PNP and AFP networks, both organizations have denied or disowned the shuttered accounts as they should, to maintain their credibility as state actors. Even if they were conducting psy-ops, the first rule is to never get caught. The second rule that necessarily follows is to never admit.

Surely, any government entity can set up its own FB account. These entities can advocate strongly or argue forcefully. However, such actions must not only be attributable to them but should be grounded on facts and evidenced by truth, because citizens hold government to the highest standards of honor and integrity.

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Of course, deceitful accounts linked to Leftists or armed groups that employ similar tactics should likewise be removed, and this is to be expected in the coming days.

There is a case for the regulation of FB. As an advertising company at its core, it earns revenues from the Philippines and Filipino users. It should adhere to our national laws chiefly on the establishment of a business presence and the taxation of its income. Policymakers ought to focus on the loopholes or know how to enforce remedies. The BIR moved to tax local companies on their online activities. Its Large Taxpayers Division cannot do less against the largest tech company of them all.

Now for the existential question: is the operation of Facebook in the country good or bad? FB is a tool like any other social media platform. It is only as good as how we yield it. For connectivity or for promotion of activities, FB’s beneficial role is undoubted. But to use its reach for purposes that are doubtful at best and injurious at worst requires vigilance not only for the company but its many users. It is, after all, a private company permeated with public interest.

Can a war on Facebook be waged? As many governments in the world are finding out, it may be a losing effort especially if, as in the above cases, the causus belli is on dubious grounds. – Rappler.com

Geronimo L. Sy is a former Assistant Secretary of the Department of Justice. He set up the Office of Cybercrime and the Office for Competition.