DOJ approves cyberlibel charge vs Rappler, Ressa

MANILA, Philippines — The Department of Justice has recommended charges of cyberlibel against online news outfit Rappler, its former reporter, and its CEO Maria Ressa over an article published in 2012.

State prosecutors charged Rappler, Ressa and former reporter Reynaldo Santos Jr. with violation of Section 4(c)(4) of the Cybercrime Prevention Act of 2012, or cyberlibel.

The case stemmed from an article written by Santos about businessman Wilfredo Keng.

Keng went to the National Bureau of Investigation over a story posted on the news site on May 2012. The businessman filed his complaint before the NBI in October 2017, more than five years since the story was published.

Santos, who was then part of Rappler's investigative arm, reported in 2012 that Keng lent his sport utility vehicles to Chief Justice Renato Corona who was facing an impeachment case in the Senate. Corona was later removed from office.

The businessman claimed that Rappler did not observe "ethical standards of journalism" when it published the story.

'Article is defamatory'

In resolving the complaint, the panel held that the assailed article is “clearly defamatory” and “is presumed to be malicious.”

The panel of prosecutors also dismissed Rappler’s defense that they could not be charged with cyberlibel as the law was not yet in effect when the article was published.

They held that while the first publication of the article on May 29, 2012 was not covered by the Cybercrime Act of 2012, the story’s publication on Feb. 19, 2014 puts it under the “multiple publication rule.”

“Accordingly, we hold that the republication of the article as may have been modified or revised is a distinct and separate offense, for which the author, respondent Santos, should be prosecuted,” the resolution further read.

DOJ dropped the complaints against Manuel Ayala, Nico Jose Nolledo, Glenda Gloria, James Bitanga, Felicia Atienza, Dan Alberde Padua and Jose Maria Hofilena, “there being no showing of their participation of the commission of the offense or supervision or control over respondent Santos.

READ: Rappler execs want libel raps dropped

Senior Assistant State Prosecutor Edwin Dayog and Assistant State Prosecutors Florencio Dela Cruz Jr. and Jeanette Dacpano signed the resolution, which was approved by Acting Prosecutor General Richard Anthony Fadullon.

The cyberlibel complaint is one of the legal suits Rappler is facing. The news outfit and Ressa are also facing tax evasion charges before a Pasig court and Court of Tax Appeals.

READ: Rappler’s Maria Ressa posts bail for tax evasion

Rappler is also facing a legal battle, this time at the Court of Appeals, after the Securities and Exchange Commission ordered the cancellation of its corporate registration.

The SEC said that it found violations of the constitutional prohibition against foreign ownership of local media. Rappler, however, denied that its foreign investors have control over the company.

On January 29, the company filed a Petition for Review before the appellate court to void the said SEC ruling. Rappler said that the SEC issued the order in haste and that it violated their constitutional right to due process.

Rappler has cried harassment over the closure order, a claim that was denied by President Rodrigo Duterte.