MANILA – The Court of Appeals (CA) has turned down the appeal of Maria Ressa, chief executive officer of online news portal Rappler, and a former writer in connection with their conviction for cyber libel by a Manila Regional Trial Court (RTC) two years ago.
The decision written by Associate Justice Roberto Quiroz and a copy of which was obtained by the Philippine News Agency on Friday modified the lower court’s sentence imposed on Ressa and former writer Reynaldo Santos Jr. to an indeterminate penalty of imprisonment ranging from six months and one day to six years, eight months and 20 days.
The CA quoted Supreme Court precedents that “this case comes at a time when the credibility of journalists is needed more than ever, when their tried-and-tested practice of adhering to their own code of ethics becomes more necessary, so that their truth may provide a stronger bulwark against the recklessness in social media. Respondents, then, should have been more circumspect in what they published. They are not media practitioners with a lack of social following; their words reverberate”.
On June 15, 2020, the Manila RTC Branch 46 found Santos and Ressa “guilty beyond reasonable doubt” for violation of Section 4 (c) 4 of Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012, and sentenced them to a minimum of six months and one day to a maximum of six years in jail.
The case arose from a complaint filed by Filipino-Chinese businessman Wilfredo Keng in connection with a May 2012 report by Rappler, which claimed that then-Chief Justice Renato Corona was using a sports utility van owned by the complainant.
The report also said the businessman had been under surveillance by the National Security Council for alleged involvement in illegal activities identifying him as “Willy” and using the surname “Kheng”.
The Department of Justice (DOJ) approved the filing of the cyber libel complaint in February 2019.
Ressa claimed she should not be charged with cyber libel as the law was not yet in effect when the story was originally published on May 29, 2012, or five months before the Cybercrime law took effect on Oct. 3.
The DOJ, however, ruled that the story had been updated and remained posted as of Feb. 14, 2014.
In a statement posted on Facebook, Rappler said Ressa and Santos have received the decision and will avail of 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 stated. “The decision weakens the ability of journalists to hold power to account. We call on our media colleagues, our community, and other advocates of a free and independent press to be vocal and vigilant now more than ever. 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.” (PNA)
