ASEAN Regional Coalition to #StopDigitalDictatorship
The conviction of Maria Ressa and Reynaldo Santos
dismissal closely follows the withdrawal of Wilfredo
brought into sharp relief the myriad human rights
Keng’s second cyber lawsuit just 2 months before.
concerns arising from the Act. Among those concerns
is the fact that Wilfredo Keng filed the case in 2017,
almost five years following the publication of the
original article and way beyond the one-year statute
of limitations for libel under the RPC. The Cybercrime
Act, conversely, is silent on the statute of limitations
for this offence. In response to such a problem, the
Department of Justice used Republic Act No. 3326 to
extend the RPC libel statute of limitations from one
to 12 years. This means that libel suits can be filed
by any person within 12 years of the publication of an
alleged libellous material. According to Atty. Marnie
Tonson of the Philippine Internet Freedom Alliance
(PIFA), since the Cybercrime Act was passed after
the publication of the article in the Rappler case, the
change in statute of limitations should not extend
to that case. The National Bureau of Investigation,
however, claimed that the article is subject to the
theory of “continuous publication,” which assumed
that Wilfredo Keng discovered the story about him
only after the law had been passed.35 The conviction
against Maria Ressa and Reynaldo Santos was
upheld on appeal in July 2022. The Court of Appeals
additionally sentenced both to longer sentences,
adding eight months and 20 days.36
On top of the multiple spurious charges against Maria
Ressa, both Ressa and Rappler have also been facing
targeted tax evasion charges since a case was filed
by the Duterte administration in 2018. However, in a
consequential legal victory on Sept. 12, 2023, both
were acquitted of the charges, ending four years
and 10 months of the trial.40 The weaponisation
of tax evasion laws is one of the common tactics
used by authoritative governments to crackdown on
activists and dissidents, and suppressing freedom
of expression.
“
These ridiculous
cases remind us all
of the importance
of independent
journalism holding
power to account.
41
In February 2020, Wilfredo Keng filed a second
cyber libel lawsuit against Maria Ressa over a social
media post she had made earlier that month, which
included screenshots of the 2002 Philippine Star
article linking him to a murder case.37 Subsequently,
- Maria Ressa, Executive Director of
Rappler
Despite the repeated weaponisation of libel by various
the case was withdrawn on June 1, 2021.
actors, the Supreme Court appears to have shown
A third libel case was instituted against Maria Ressa
instance, it sustained the conviction of broadcaster
and another Rappler reporter Rambo Talabong over an
journalist and current senator Raffy Tulfo arising from
investigative story on an alleged corruption practice
an article he had written for Abante Tonite, a local
at a university. Responding to the case, Rappler’s
tabloid publication, in 2003. The Court nevertheless
legal counsel stated that “cyber libel is now the
only ordered Raffy Tulfo to pay the imposed fine and
first option in case of disagreement on reporting.”
38
overturned his prison sentence. In 2021, the Court
On Aug. 10, 2021, the Manila court dismissed the
proceeded to acquit Raffy Tulfo of all libel charges
case after the complainant decided that he was no
against him and held that the “constitutionality
longer interested in pursuing the case. Notably, this
of criminali[s]ing libel is doubtful.” In its decision,
39
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some inclination to decriminalise it. In 2019, for
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia
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