CA affirms Ressa’s cyber libel conviction, raises prison term

MANILA, Philippines — The Court of Appeals (CA) has affirmed the cyber libel conviction of Rappler’s Maria Ressa and her former writer-researcher Reynaldo Santos Jr. by a Manila court in connection with an article published in 2012, linking businessman Wildredo Keng to alleged illegal activities.

In a decision penned by Associate Justice Roberto Quiroz, the CA Fourth Division also modified the sentence for the two of six months and a day to six years in prison handed down by Manila Regional Trial Court Branch 46 Judge Rainelda Estacio-Montesa to six months and a day up to six years, eight months and 20 days.

The CA decision has the concurrence of Associate Justices Ramon Bato Jr. and Germano Francisco Legaspi.

In a statement, Rappler said Ressa and Santos “disagree” with the decision and that they are ready to exhaust all legal remedies to see it overturned, including elevating the case to the Supreme Court.

“While the decision is unfortunate, it is also a good opportunity for the Supreme Court 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 the freedom of the press,” Rappler said.

The CA decision, Rappler added, “weakens the ability of journalists to hold power to account.” It also called on other media organizations and other advocates of a free and independent press to be vocal and vigilant “now more than ever,” stressing that the case was not just about Ressa, Santos or Rappler.

The online news organization also emphasized that it is democracy that is ultimately at stake with the decision of the court.

The Manila RTC Branch 46 found Ressa and Santos guilty in 2020 for violating Republic Act 10175, or the Cybercrime Prevention Act of 2012, over an article linking Keng to human trafficking and drug smuggling activities. Keng filed the case against the two in January 2019.

The article was published in May 2012, or a few months before the Cybercrime Prevention Act of 2012 took effect in September. It was republished in February 2014 with edited or corrected typographical errors.