Philippines: CFWIJ Condemns Maria Ressa's Cyber Libel Conviction

Threats
Written By 
Location: Philippines
Date: June 15, 2020

The Coalition For Women In Journalism is deeply disturbed by the conviction of Rappler CEO Maria Ressa and former journalist Reynaldo Santos for cyber libel by Philippine courts.

Here is our statement prior to the trial.

What did the court say: 

Maria Ressa, chief executive of Rappler, was charged with cyber libel over a 2012 article, updated in 2014, that linked a businessman to murder and trafficking of humans and drugs, citing information contained in an intelligence report from an unspecified agency.

After handing down the verdict, Judge Rainelda Estacio-Montesa said freedom of the press could not be used as a “shield”. 

We urge our colleagues in the press, and other stakeholders of democracy to join us in this call for solidarity with Maria Ressa and Rappler's work. We call upon the community to condemn this conviction, which we find illegal and manipulative to democratic values and independent press.

Why this conviction is wrong: 

Ressa and her colleagues are being targeted because they have been a prominent and relentless critic of Philippine President Rodrigo Duterte’s war on drugs. It was Rappler’s work of journalism that revealed that this ‘war on drug’ led to the extrajudicial killings of an estimated tens of thousands of Filipinos. Since 2012 Rappler team has been doing groundbreaking work as an online media platform.

This verdict appears to be politically motivated payback for Ressa’s and Rappler’s reporting.

The cyber libel case is a major test of press freedom in the Philippines, where the government of President Rodrigo Duterte has maintained a combative relationship with the media since coming to power in 2016. He has been particularly critical of Rappler, labeling the fiercely independent website "fake news." He has also attacked journalists as "spies" and warned that they could be targeted for assassination.

The case hinged on a story written in 2012, which alleged that businessman Wilfredo Keng had links to illegal drugs and human trafficking. However, the article was published by Rappler two years before the new cyber libel laws came into effect in the Philippines.

Final decision:

Manila Regional Trial Court Branch 46 convicted Rappler CEO and Executive Editor Maria Ressa and former Rappler researcher-writer Reynaldo Santos over cyber libel charges in a high-profile verdict handed down Monday, June 15. Rappler as a company was declared to have no liability.

While the court allowed bail under the same bond, Ressa and Santos were ordered to pay P200,000 (approx $4000 USD current value on June 14, 2020) in moral damages and another P200,000 in exemplary damages.

Judge Rainelda Estacio-Montesa sentenced Ressa and Santos to a minimum of 6 months and 1 day to a maximum of 6 years in jail over charges filed by businessman Wilfredo Keng in a case that tested the 8-year-old Philippine Cybercrime Law.

Prosecutors have argued that a correction made to the story after the law passed constituted a "republication" and meant it could be considered as "cyber libel."

The fact that the article in question was published before the relevant cyber libel law existed, then deemed to be  “re-published” when a typo was corrected, demonstrates how weak and absurd the case against Ressa and Santos actually is.

You can find the timeline of the attacks towards Maria Ressa and Rappler here.

 

The Backlash

Ressa made a public statement following the conviction: “I appeal to you the journalists in this room, to Filipinos listening: to protect your rights. We are meant to be a cautionary tale, we are meant to make you afraid. I appeal again, don’t be afraid. Because if you don’t use your rights, you will lose them. If we don’t challenge a brazen move to try to roll back to the rights guaranteed in the constitution, we will lose them. Freedom of the press is the foundation of every single right you have as a Flipino citizen. If we can’t hold power to account we can’t do anything. If we can’t do our jobs, then your rights will be lost.”

Earlier today, Amal Clooney, said in a statement that the verdict was "an affront to the rule of law, a stark warning to the press, and a blow to democracy in the Philippines." She said Ressa would appeal. "If Maria is convicted and locked up for doing her work, the message to other journalists and independent voices is clear: Keep quiet, or you'll be next," human rights lawyer, who is part of Ressa's legal team, had written in The Washington Post on Friday.

“This is not just about Maria or Rey or Rappler. This is about fundamental rights of every citizen who refuses to be intimidated by the powerful who do wrong and whom they dare criticize and expose” stated the Rappler in today’s statement. 

Amnesty International said the "attacks" against Rappler were part of a wider government crackdown on media freedom in the Philippines.

In a statement, the National Union of Journalists of the Philippines (NUJP) called the decision "a dark day" for independent Philippine media and all Filipinos.

"The verdict basically kills freedom of speech and of the press," the organisation said. "But we will not be cowed. We will continue to stand our ground against all attempts to suppress our freedoms."

The Foreign Correspondents Association of the Philippines (FOCAP) described the latest development as "a menacing blow to press freedom".

Earlier, Splice Media founder and CFWIJ #HeForShe member Alan Soon had said the following to CFWIJ about a possible conviction: “Duterte's blatant attack on Maria Ressa reveals a president who will stop at nothing to silence critics. Duterte remains a popular president -- but to go after a media organization and journalists shows insecurity and an inability to accept criticism in a democracy. The Philippines, like many countries in Southeast Asia, needs credible and diverse media to inform and engage with citizens. In a media landscape that is dominated by big business and political interests, Maria and Rappler provide an important third option. Silencing her and crippling Rappler is not in the best interests of Philippine democracy.”

CFWIJ founder Kiran Nazish expressed condemnation about the decision while praising Ressa for her work: “Maria Ressa is a courageous journalist with one of the sharpest minds in an industry - journalism - an industry that is fiercely under attack from all sides. Maria is holding the line for press freedom in the Philippines and beyond.”

CFWIJ member in Pakistan, a veteran journalist Amber Rahim Shamsi tweeted the following:

Associated Press Senior Correspondent for Pakistan and Afghanistan and CFWIJ member Kathy Gannon also reached out to Ressa:

Who is Maria Ressa

Ressa, founder of Rappler and veteran journalist, was named one of Time Magazine's Persons of the Year in 2018. She is a pioneer in reporting on misinformation circulated in the online sphere globally through her work that she calls “Shark Tank”.

Ressa has earned multiple awards, including 2018 Gwen Ifill Press Freedom Award from CPJ, the 2018 Golden Pen of Freedom Award from WAN-IFRA, the 2018 Knight International Journalism Award, the 2018 Free Media Pioneer Award from the International Press Institute, and the National Democratic Institute’s Democracy Award in 2017.

Most recently had stated the following on Princeton University’s 2020 Virtual Commencement Ceremony on Sunday, May 31, 2020: “For the last four years, #Rappler and I have been under constant attack by our own government. The weaponization of the law followed exponential attacks onmedia... inciting hate, and paving the way to my detentions and arrests."

 

CFWIJ founder Kiran Nazish, wrote in a piece in February 2019 for mailchi.ph that “Maria Ressa, is standing in resilience on behalf of all of us, against all the dictators and governments, states and corporations, who put in resources, time and intelligence to silence us. We are grateful and lucky to have Maria Ressa and stand along with her in line. #HoldTheLine #StandInLine” 

After falling seven places since 2017, the Philippines is ranked 136th out of 180 countries and territories in RSF's 2020 World Press Freedom Index.

This is not the first instance of Rappler or Ressa coming under attack. In the recent past, the organization has been hit with multiple legal threats, however, it has persisted. We condemn the manner in which laws are being twisted and used against journalists in the country.

The Coalition For Women In Journalism condemns these charges. “This is a weaponization of the law; an aggressive effort by  #Duterte’s regime to silence the media, to use Maria and Rappler as examples to warn any journalist who wants to do their job freely in the country,” says our founder Kiran Nazish. “The state is blatantly blocking press freedom in the country. Without a free press, there can be no free and democratic country. And that very clearly means, the state is not only going after Maria, but all citizens of the Philippines; including those who demand the truth and those who are unaware of it.”

We urge the government to conduct itself with integrity, transparency and accountability, and take Ressa’s appeal seriously.

 

The CFWIJ strongly condemns the police brutality against journalists. We demand the immediate return of the press cards seized from the security forces. Policies to intimidate journalists should be abandoned, and journalism should be practiced under the criteria of freedom of the press.

If you have been harassed or abused in any way, and please report the incident by using the following form.

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