Rappler: NBI probe a fishing expedition

MANILA, Philippines — News website Rappler yesterday slammed Justice Secretary Vitaliano Aguirre II following his directive to the National Bureau of Investigation (NBI) to probe company officials for supposed violation of media ownership laws.

“This is a fishing expedition, and pure and simple harassment. We thought this was supposed to be in relation to PDRs and the alleged violation of the Constitution,” Rappler said in a statement.

Aguirre denied any fishing expedition and said his office respected press freedom.

“It’s all the more clear and blatant what government’s agenda is: they’re deadset to get Rappler and kill press freedom,” it added.

The statement was issued after Aguirre said the investigation will look at other laws that could have been violated by the organization as regards its issuance of Philippine Depository Receipts (PDRs) to Omidyar Network (ON) and eBay founder Pierre Omidyar.

“Whether any law has been violated, it will not be limited to administrative law, anti-dummy law but we are going to see if there are other laws violated by anybody in connection with this decision of the SEC in (canceling the) registration of Rappler,” Aguirre was quoted as saying.

The justice chief issued the directive to the NBI after the Securities and Exchange Commission (SEC) canceled Rappler’s certificate of incorporation due to a provision in the ON PDRs.

The SEC claimed that the questioned provision allowed foreign holders of the ON PDRs to have some control over corporate decisions of the company, something Rappler has vehemently denied.

Veteran journalist and Rappler chief executive officer Maria Ressa said the paragraph in question was simply a way for the investor to leave if they do not agree with a corporate decision.

“They are not veto powers. That is the interpretation of this one, which we are going to challenge all the way to the Supreme Court if we have to,” she said in a television interview.

Ressa dubbed the SEC move as “overkill,” saying they were not given due process unlike in other cases that it has handled.

“When they made a decision, they did not ask us to comment, they did not allow us to fix anything. I think that’s where you see that this is political in nature,” she said.

“We understand what the SEC can see in it, but we’re never given a chance to respond… (We had) no chance to respond, no chance to fix. We already showed that we want to fix (it),” Ressa added.

She said the decision was a clear case of harassment, noting Rappler’s critical coverage of the Duterte administration.

Aguirre: No fishing expedition

Meanwhile, Aguirre countered Rappler’s denouncement, saying the NBI probe on the online media outfit’s foreign ownership is not a fishing expedition nor an attack on press freedom.

Aguirre, who ordered the investigation, denied the allegation of the media outfit funded by ON and another foreign firm, North Base Media, on the motive behind his directive.

He said such insinuation was “unfounded and most unfair” to the Department of Justice (DOJ).

Aguirre stressed that his order for the NBI “was never intended to interfere nor violate press freedom.”

“We want to emphasize that your DOJ respects freedom of the press. However, to borrow the words of the National Press Club, responsible journalism means compliance with the law,” he stressed in a statement.

Aguirre further explained that the investigation is within the mandate of the department that includes “investigating crimes, prosecuting offenders and overseeing the correctional system.”

“When the Constitution or any law has been violated by Rappler, necessarily, the DOJ will be involved in its investigation; otherwise the DOJ will be remiss in its duties. We acted after receiving an official communication from the SEC which included a copy of their decision on the Rappler case,” he pointed out.

Aguirre believes that Rappler should welcome the investigation “so that it will have the chance to prove the innocence it claims to have.”

“We call on Rappler to actively participate in the investigation of the NBI. Rappler’s active participation… will greatly help in bringing out the truth,” he said.

Palace scores Rappler

Malacañang yesterday scored Rappler anew for dragging presidential special assistant Christopher “Bong” Go over the procurement of frigates by the Philippine Navy.

“Let me start by saying that this allegation against Special Adviser to the President Bong Go appears to be a defense by way of an offense,” presidential spokesman Harry Roque said in a press briefing in Legazpi City, Albay.

He said Malacañang need not investigate the unwarranted reports against Go, particularly since President Duterte’s 24-hour ultimatum for the news site to produce evidence had lapsed.

Roque pointed out that the allegation came out immediately after the SEC order on Rappler. – With Janvic Mateo, Christina Mendez, Gilbert Bayoran