Metro Manila (CNN Philippines, July 8) — The Court of Appeals (CA) affirmed the ruling of a Manila court to convict news organization Rappler CEO Maria Ressa and former researcher-writer Reynaldo Santos Jr. for cyber libel.
In a decision released to the media on Friday, the CA denied the appeal of Ressa — a Nobel prize winner —and Santos against the June 2020 decision of the Manila Regional Trial Court (RTC) Branch 46, which sentenced them to a maximum of six years in jail.
However, the appellate court modified and lengthened the maximum prison time to up to six years, eight months and 20 days. The minimum was set at six months and one day.
The case stemmed from a May 2012 Rappler article which reported on businessman Wilfredo Keng’s alleged connection to illegal activities. Keng filed the complaint in October 2017, or nearly five years after the article was posted.
In a statement, Rappler said the CA’s move to uphold the conviction “weakens the ability of journalists to hold power to account.”
However, it added that Ressa and Santos will avail all legal remedies, including elevating the decision to the Supreme Court for review.
“While the decision is unfortunate, it is also a good opportunity for the Supreme Court to take a second look at the constitutionality of cyber libel and the continuing criminalization of libel, especially in light of the freedom of expression and freedom of the press,” Rappler said in a statement.
It also called on media colleagues and advocates of a free press to be “vocal and vigilant.”
“This is not just about Maria Ressa, Rey Santos Jr., or Rappler. What is ultimately at stake is our democracy whose strength rests on a media that is not threatened by the state nor intimidated by forces out to silence critical voices,” the statement read.
Keng previously maintained he is innocent of the accusations against him.
He also said the cyber libel case had nothing to do with the government. This was after several media and human rights groups condemned and called the charges as an attack on press freedom after Rappler earned the ire of the Duterte administration for its critical reportage.
Rappler, for its part, earlier argued the story with Santos’ byline only cited an intelligence report, as well as a 2002 news article which already reported on the same allegations.
The media company had also asserted that Keng’s side was published and that he was “repeatedly asked” for comment by the reporter. The businessman had said that Rappler, Ressa and Santos never attempted to obtain his side or to fact-check the “baseless attacks” against him.
The story was initially published months before the Cybercrime Prevention Act of 2012 was passed. However, the prosecution had contended that the article was updated in February 2014. Rappler said the update only involved correction of typographical errors.
Less than two weeks ago, the Securities and Exchange Commission (SEC) also stood by its earlier decision to revoke the certificates of incorporation of Rappler and its parent company Rappler Holdings Corporation over alleged violations of laws on foreign ownership and control of mass media.
According to Ressa, this “effectively confirmed the shutdown of Rappler.”
Rappler said it is also ready to appeal the SEC decision all the way up to the Supreme Court.
