US, EU express concern over Ressa conviction

MANILA, Philippines — The United States and the European Union expressed concern over the guilty verdict on Rappler executive editor and CEO Maria Ressa and former writer-researcher Reynaldo Santos for cyber libel.

In a statement titled “On Press Freedom in the Philippines,” US State Department spokesperson Morgan Ortagus called on Tuesday for the Philippines to resolve the case against the two journalists in ways that reinforce a shared commitment to freedom of expression.

“The United States is concerned by the trial court’s verdict against journalists Maria Ressa and Reynaldo Santos and calls for resolution of the case in a way that reinforces the US and Philippines’ long shared commitment to freedom of expression, including for members of the press,” Ortagus said.

A Manila Regional Trial court sentenced on Monday Ressa, a dual US-Filipino citizen, and Santos to at least six months and up to six years in prison over a 2012 story that linked businessman Wilfredo Keng to alleged illegal activities.

“Free speech is the lifeblood of democracy,” Ortagus said in a tweet.

The EU said the guilty verdict raised doubts “over the respect for freedom of expression as well as for the rule of law in the Philippines.”

“Freedom of opinion and expression, online and offline, are essential parts of any democracy worldwide. The European Union will always stand up for these fundamental rights,” the EU said in a statement.

The European Union External Action Service (EEAS) reminded the Philippines that the country is a party to the International Covenant on Civil and Political Rights, in Article 19 of which the right to freedom of expression is enshrined.

The EEAS is the European Union’s diplomatic service.

“We expect the Philippines, like all countries, to uphold its international human rights obligations and protect and promote fundamental freedoms,” it said in a statement.

Human Rights Watch said the campaign against Rappler is widely seen as retaliation for the news website’s reporting on President Duterte’s “war on drugs” and the prosecution is also a frontal assault on freedom of the press which is critical to protect and preserve Philippines democracy.

An independent United Nations expert said the conviction of Ressa is a “new low in the Philippines’ protection of the freedom of expression” and “the ability of an independent media to function in the country.”

In a statement, David Kaye, UN Special Rapporteur on the right to freedom of opinion and expression, said the higher courts in the Philippines have a responsibility to reverse the verdict against the veteran journalist and that “the law used to convict Ressa, and the journalist who authored the article which led to their prosecution, is plainly inconsistent with the Philippines’ obligations under international law.”

The expert warned that “any criminalization of journalism, as took place here, serves only to defeat the ability of journalists to inform the public, to ensure open and rigorous public debate.”

Just bad journalism

But Malacañang maintained yesterday that the conviction of Ressa and Santos for cyber libel was a case of “bad journalism” and “bad lawyering,” not suppression of press freedom.?

Presidential spokesman Harry Roque said Rappler failed to fact-check its article claiming that businessman Keng was the owner of a sport utility vehicle used by the late chief justice Renato Corona, who faced an impeachment trial in 2012. ?

“There was no fact checking, it’s basic. Before you call someone criminal, make sure they are criminals. Where is the conviction? Where is even the complaint? You know what I’m saying. After all, that’s the very definition of what libel is – imputation of a crime – why wasn’t that vetted?” Roque told ABS-CBN News Channel. – With Janvic Mateo, Robertzon Ramirez, Paolo Romero, Alexis Romero, Christina Mendez ?

Communications Secretary Martin Andanar also weighed in, saying the Philippine government is “deeply conscious that having a plurality of voices – including critical ones – is an essential requirement for the continued functioning of any democratic country.”

‘Revisit laws on criminal libel’

The Commission on Human Rights (CHR) has urged the government to revisit existing laws that criminalize libel in the country.

CHR spokesperson Jacqueline de Guia expressed concern over the decision of a Manila court, saying it sends a chilling effect on the work of journalists and all those who dare to speak the truth.

“We recognize journalists as crucial vehicles of timely and truthful information so that citizens can develop sound opinions about public and political issues,” she said.

“However, at present, legal provisions on defamation and criminal libel may be seen as a direct threat to truth-telling, especially if laws are weaponized to silence valid criticisms. Time and again, journalists have been at the receiving end of such abuse of laws,” she added.

While freedom of expression is not absolute, de Guia said restrictions of this right must adhere to the standards of necessity and proportionality.

She cited the position of the United Nations Human Rights Committee, which said that imprisonment is never an appropriate penalty in defamation cases.

“The UN Human Rights Committee has since expressed concern on the Philippines’ criminalization of libel – both in the Revised Penal Code and the Cybercrime Prevention Act – and on how it is ‘incompatible’ with freedom of expression,” she said.

Meanwhile, the National Council of Churches in the Philippines (NCCP) offered prayers to the Philippine journalists convicted of cyber libel.

“We pray for the protection and justice for the journalists who have sacrificed their lives, freedom and well-being in pursuit of truth and justice who are now subjected to a wide range of laws that can be used for retribution, which inhibit freedom of expression,” the NCCP said in a statement.

For his part, Senate President Pro Tempore Ralph Recto wished Ressa victory on her appeal and expressed hope her conviction will be overturned.

“That is also the clarity the nation wants to see in the application and interpretation of a law with ambiguities and frightening consequences on our freedom,” Recto said in a statement. Janvic Mateo, Robertzon Ramirez, Paolo Romero, Alexis Romero, Christina Mendez