UN rapporteur condemns Ressa cyber libel conviction, calls for gov’t intervention

United Nations Special Rapporteur on freedom of opinion and expression Irene Khan has denounced the recent decision of the Court of Appeals (CA) to uphold the cyber libel conviction of journalist Maria Ressa, calling for government intervention into the matter and the decriminalization of libel.

In a statement, Khan raised concerns regarding freedom of expression, as she flagged the retroactive application of the laws on the article published on Rappler, a news site headed by Ressa.

“The criminalization of journalists for libel impedes public interest reporting and is incompatible with the right to freedom of expression. Criminal libel law has no place in a democratic country and should be repealed,” Khan said.

“I am also concerned that the 2012 Cybercrime Prevention Act is being applied retroactively in this case, as the Rappler article in question was published before this law was enacted. This is yet another example of the relentless attack against Maria Ressa for daring to speak truth to power,” she added.

The CA earlier this month upheld the 2020 decision of the Manila Regional Trial Court (RTC) to convict Ressa and former Rappler researcher Rey Santos of cyber libel.

The Fourth Division also adjusted the sentence meted by the RTC, increasing the maximum sentence to six years, eight months, and 20 days.

The case was in connection with an article published in Rappler in 2012, months before the Cybercrime Prevention Act was enacted. The article cites an intelligence report that linked businessman Wilfredo Keng, the private complainant, to human trafficking and drug smuggling.

Keng’s complaint was dismissed by investigators at the National Bureau of Investigation (NBI) in 2018, but transmitted to the Department of Justice (DOJ) for investigation a week later.

Prosecutors indicted Ressa and Santos over a version of the story that was “republished” in 2014, but Rappler has continuously argued that the 2014 update was just to correct a typographical error.

A number of business groups have expressed disappointment on the conviction of Ressa and Santos, warning that this has a “chilling effect on journalism.”

Just last month, the Securities and Exchange Commission (SEC) also affirmed its order revoking the certificates of incorporation of Rappler Inc. and Rappler Holdings Corp. for supposedly violating the foreign ownership restrictions on mass media firms.

“I am deeply concerned by recent developments in the Philippines to silence independent and investigative journalism in the country,” Khan said.

“I call on the new administration of President Ferdinand Marcos Jr. to put an end to the criminalization of libel, withdraw the charges against Maria Ressa, reverse the decisions against Rappler, Bulatlat, and Pinoy Weekly, and investigate promptly and effectively all attacks and killings of journalists,” she added.

The National Telecommunications Commission (NTC) last month ordered internet service providers (ISPs) to block websites following requests by National Security Adviser Hermogenes Esperon Jr., who claimed the sites were "affiliated to and are supporting these terrorists and terrorist organizations."

“I urge President Marcos to take this opportunity to bring an end to the crackdown on press freedom in the Philippines,” Khan added.

For her part, Ressa—who received the Nobel Peace Prize in 2021, along with Russian journalist Dmitry Muratov, "for their efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace"—said that Rappler will continue “holding the line,” and exhaust all legal means necessary. — BM, GMA News