Rappler: No cyber libel committed in 2012 article involving businessman

Rappler on Thursday filed its answer to the cyber libel complaint filed by businessman Wilfredo Keng with the National Bureau of Investigation (NBI) in relation to the article published by the online news site in May 2012.

Rappler CEO Maria Ressa and former Rappler reporter Reynaldo Santos Jr. suggested for the NBI to discontinue its probe, arguing there was no crime committed because the Cybercrime Prevention Act was enacted in September 2012 or four months after the article alleged by Keng was published on May 29, 2012.

The comments cited Article 4 of the New Civil Code which prohibits the retroactive application of a law, unless the contrary is provided.

"However, by following Mr. Keng’s Complaint, this is the very principle he requests that be violated. Notwithstanding the absence of a law or the fact that such law was not in effect, he submits that I be held liable. This is a clear violation of my rights and should not be countenanced," Santos said.

Ressa and Santos also said libel cases prescribe in one year, after which a person can no longer be prosecuted.

"Since it has already been more than five years after the said article was published and almost three years after it was updated [February 19, 2014], and to date, no complaint has been filed with any prosecutor, with regard to the publication of the said article, then it is obvious that the crime of libel has already been totally extinguished by prescription," Ressa said.

"Without any crime, there is no reason for this Honorable Office to conduct an investigation involving me or anybody from Rappler," she added.

Keng filed the complaint in October last year against Ressa, Santos and businessman Benjamin Bitanga, owner of Dolphin Fire, a company that has shares in Rappler Holdings, Inc., over the article "CJ using SUVs of 'controversial' businessmen" that Santos wrote and that Rappler published on May 29, 2012 and updated on February 19, 2014.

Rappler reported that the late former Chief Justice Renato Corona, who was then facing an impeachment trial, had been using a black SUV whose plate number was allegedly issued to Keng.

The news website also reported about Keng’s alleged involvement in human trafficking and smuggling.

NBI Cybercrime Division chief Manuel Eduarte said Keng only saw the article, which included the businessman’s side of the story, in 2016.

Apart from a cybercrime complaint, the NBI is also looking into Rappler’s possible criminal liabilities after the Securities and Exchange Commission revoked its incorporation papers for supposedly violating the constitutional prohibition on foreign ownership of mass media.

According to the SEC, Rappler violated the Constitution and laws when it allowed Omidyar Network, one of the Philippine Depositary Receipts (PDR) holders of Rappler, to exercise control over its corporate affairs as provided for in their internal agreement, in exchange for a fund infusion of $1 million.

The media outfit on Monday challenged SEC ruling before the Court of Appeals. — RSJ, GMA News