Maria Ressa (center) (File photo)
MANILA – The Court of Appeals (CA) turned down the motion for reconsideration of Maria Ressa, co-founder and chief executive officer of online news portal Rappler, for her conviction for cyber libel.
In a 16-page resolution dated October 10, Associate Justice Roberto Quiroz affirmed the CA Fourth Division's July 7 decision that upheld the Manila Regional Trial Court Branch 46 conviction of Ressa and former Rappler researcher Reynaldo Santos Jr.
"A careful and meticulous review of the motion for reconsideration (filed by Ressa) reveals that the matters raised by the accused-appellants have already been exhaustively resolved and discussed in the assailed decision," the CA ruled.
"The purpose of the law is to safeguard the right of free speech, and to curb, if not totally prevent, the reckless and unlawful use of the computer systems as a means of committing the traditional criminal offenses," the court said, referring to provisions in Republic Act 10175, otherwise known as the Cybercrime Prevention Act of 2012.
Cybercriminals enjoy the advantage of anonymity, like wearing a mask during a heist, the court said.
The original CA decision lengthened the lower court’s June 15 sentence of six months and a day to six years in jail to six months and one day to up 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”.
The case arose from a complaint filed by Filipino-Chinese businessman Wilfredo Keng in connection with a May 2012 report by Rappler that claimed the late Chief Justice Renato Corona used a sports utility vehicle 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 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 October 3.
The DOJ, however, ruled that the story had been updated and remained posted as of Feb. 14, 2014.
The defense said they plan to take the case to the Supreme Court.
"I am disappointed by today’s ruling but sadly not surprised. This is a reminder of the importance of independent journalism holding power to account," Ressa said in a statement.
Santos said the decision "is not surprising, but it’s disheartening nevertheless." (PNA)
