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UN rapporteur seeks SC permission to share expertise on Maria Ressa’s cyber libel case

Metro Manila (CNN Philippines, June 5) — A United Nations independent expert has asked the Philippines’ Supreme Court to allow her to share her insights and intervene in the cyber libel case faced by Rappler CEO and Nobel laureate Maria Ressa.

UN Special Rapporteur on freedom of expression and opinion Irene Khan filed the motion on Monday through her lawyer Dean Rodel Taton.

Khan wants to appear and be admitted as “amicus curiae” or “friend of the court” to give insights on matters related to a pending case based on her expertise. An “amicus curiae” is traditionally invited by the SC during oral arguments when seeking his or her opinion as a subject matter expert.

“Irene Khan is saying [she] has a good standing anywhere in the world to speak on freedom of expression because she was appointed by the UN Human Rights Council and based on her particular experience and also her work in the UN to make her commendations or analysis on the aspect of protection of freedom of opinion and expression,” Taton said.

Khan has expressed concern that the law in the country fails to “adequately protect” the right to freedom of expression under Article 19 of the International Covenant on Civil and Political Rights.

“Her ‘amicus curiae’ brief will provide the court with the international and regional legal standards as they apply to freedom of expression, especially regarding its application to the law of defamation… In particular, the Cybercrime Prevention Act raises serious concerns that it limits the ability of journalists to expose, document, and address issues of important public interest,” her lawyer said.

The Court of Appeals in October 2022 upheld its decision convicting Ressa and Rappler researcher-writer Reynaldo Santos of cyber libel. The case stemmed from a May 2012 Rappler article which reported on a businessman’s alleged connection to illegal activities. The case is now pending before the SC.

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