Maria Ressa and Reynaldo Santos’ convictions of cyber libel upheld by Court of Appeals

Manila – Veteran Philippine journalist and Nobel Prize winner Maria Ressa has been dealt another blow in her years-long legal battles. 

On Friday, the country’s Court of Appeals upheld an earlier decision by a Manila court convicting Ressa and Reynaldo Santos Jr., a former writer at Ressa’s news service Rappler, of cyber libel.

“The decision weakens the ability of journalists to hold power to account,” Rappler said in a statement, as its staffers called on media colleagues and advocates of press freedom to be vocal and vigilant.

Ressa and Santos were sued by businessman Wilfredo Keng over a 2012 article that he said had damaged his reputation. The story was published before the Philippines’ cyber libel law was enacted, but the court ruled that a typographical correction made in 2014 was essentially a re-publication, which in turn meant the article was covered under the law.

The appeals court’s ruling also extended the proscribed jail time from a maximum of six years, adding an additional eight months and 20 days to the sentences.

Rappler said Ressa and Santos would elevate their challenges against the conviction to the country’s Supreme Court — an opportunity, they said, “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.”

Last week, the Philippines’ Securities and Exchange Commission released an order affirming its decision in 2018 to revoke the articles of incorporation of Rappler. The SEC maintained that the news outlet had violated foreign ownership rules after a court-mandated review.

The company had received funding from the Omidyar Network, a philanthropic investment firm owned by e-Bay founder Pierre Omidyar. That in itself would not have been necessarily illegal, but the SEC noted “a provision requiring the Filipino stockholders of Rappler to seek the approval of Omidyar Network on fundamental corporate matters.”

Philippine laws prohibit foreign control of mass media. Omidyar’s holdings were subsequently donated to Rappler employees, but the SEC ruled that that move had no effect on its earlier decision.

Ressa refused to shut down operations, saying in an online news conference that Rappler would “continue to work and do business as usual.”

“We have been harassed, this is intimidation, these are political tactics, and we refuse to succumb to them,” Ressa said.

Aside from cyber libel and the closure order, Ressa and Rappler are facing five tax-related legal cases. A number of other libel complaints have either been withdrawn or dismissed.

All cases were filed during the six-year term of President Rodrigo Duterte, which ended on June 30.

Ressa has reported extensively on disinformation on social media that proliferated during the controversial leader’s rule. Rappler journalists regularly came up with in-depth and often critical stories about Duterte’s deadly war on drugs.

Press freedom continues to be an issue of concern under the new administration, led by President Ferdinand “Bong Bong” Marcos Jr., son of the late dictator Ferdinand Marcos. He often shunned questions from reporters during the election campaign, showing a preference for social media and news organizations that did not criticize him or his family.

But Ressa still hopes for the best.

“I continue to appeal to the incoming administration: Work with journalists, we’re here to help you give a better future for the Philippines. We’re not your enemies,” she said a day before Marcos Jr. assumed office.