Ressa, Santos conviction 4th time journalists sentenced to jail for online libel —DOJ

The conviction of Rappler CEO Maria Ressa and former Rappler researcher Reynaldo Santos, Jr. is the fourth time journalists were sentenced to years in prison over online libel, according to the Department of Justice (DOJ).

Records from the DOJ's cybercrime office show there were 13 cyber libel convictions, three of which involved journalists, before Ressa and Santos' on Monday, Justice Undersecretary Markk Perete said Tuesday.

Perete said one of the first three instances involved a journalist from Albay who was sentenced to imprisonment of six months to two years, four months, and one day. The other two journalists are from Cotabato and were sentenced to four to eight years in prison and ordered to pay P1 million in damages, he said.

According to the Center for Media Freedom and Responsibility, the case in Cotabato was initiated by then-governor Emmylou Taliño-Mendoza against radio broadcasters Eric Rodinas and Larry Baja Subillaga, Jr. over their posts on social media.

They were convicted in 2019.

The Cybercrime Prevention Act of 2012 punishes libel -- as defined in Article 355 of Revised Penal Code (RPC) -- that is "committed through a computer system or any other similar means which may be devised in the future."

Groups have long called for the decriminalization of libel in the country. In 2012, the United Nations Human Rights Committee reportedly declared criminal libel laws in the Philippines “incompatible with the freedom of expression protected under international human rights law."

In 2014, the SC ruled that online libel was constitutional, but only covering the original author of the post, and not those who received or reacted to the post.

With Ressa and Santos' conviction came new issues that, according to Integrated Bar of the Philippines president Domingo Cayosa, the appellate courts can resolve.

These issues are "republication" and the prescriptive period -- or the time within which one can sue -- for cyber libel.

Ressa and Santos were convicted over a "republication" of Rappler's article which cites an "intelligence report" linking businessman Wilfredo Keng to criminal activities.

The article was originally published in 2012, before the anti-cybercrime law was enacted. But in her decision, Judge Rainelda Estacio-Montesa of the Manila Regional Trial Court considered an "updated" version of the article in 2014 as a "republication," and thus covered by the law.

In addition, the judge said the prescriptive period for cyber libel is 12 years. By comparison, ordinary libel prescribes in one year.

Critics of the verdict said it was a blow to Philippine press freedom. Rappler lawyer Theodore Te said they will decide what legal action to take within the next 15 days. -MDM, GMA News