CA upholds Maria Ressa, ex-Rappler staff’s cyber libel conviction
MANILA, Philippines (Update 2 3:26 p.m.) — A division of the Court of Appeals has denied its CEO Maria Ressa and a former staffer’s appeal against their cyber libel conviction stemming from a 2012 article on businessman Wilfredo Keng’s links to former Chief Justice Renato Corona.
In dismissing Ressa and former Rappler researcher and writer Reynaldo Santos' appeal, the CA's Fourth Division composed of Associate Justices Roberto Quiroz, Ramon Bato and Germano Francsico Legaspi also lengthened their jail time.
A Manila court had sentenced them to a prison term ranging from six months and a day to six years, but the CA modified their punishment to a jail time of six months and a day to six years, eight months and 20 days.
"They disagree with the decision and their legal counsels are currently reviewing the decision. Both will avail of all legal remedies available to them, including elevating the decision to the Supreme Court for review," Rappler said in a statement.
The news outlet, which was at the receiving end of a battery of legal charges under the administration of former President Rodrigo Duterte, called the decision "unfortunate," but a "good opportunity" for the Supreme Court to reevaluate the constitutionality of cyber libel.
"The decision weakens the ability of journalists to hold power to account," Rappler said. "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."
Ressa and Santos had argued that the Manila Regional Trial Court Branch 46 manned by Judge Rainelda Estacio-Montesa erred in finding them guilty of cyber libel.
A key point in their appeal is the issue of republication as the May 2012 article central to the case was published before the enactment of the Cybercrime Prevention Act of 2012 and was updated to correct a typographical error in February 2014.
For government prosecutors, the correction of “evation” to “evasion” was a republication of the story — a legal theory which Montesa sided with.
Montesa also ruled that the charge against Ressa and Santos has not prescribed, or could no longer be brought to court as the time for it to be brought before the judiciary has already expired, as the provision of the law on prescriptions for violations penalized by special acts applied since the anti-cybercrime law did not provide for a prescriptive period.
For the legal community, this is a test case to the nascent anti-cybercrime law, while press freedom advocates said this highlights the problem in criminalizing libel and its continued use as a tool to keep journalists in line. — Xave Gregorio
This is a developing story. Refresh this page for updates.
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