Supreme Court route an ‘option’ in Rappler cyber libel case

Lawyers for Rappler CEO and executive editor Maria Ressa and a former reporter may ask the Supreme Court to "revisit" the anti-cybercrime law if the Manila court handling their cyber libel case rules against them.

Former SC spokesman Theodore Te, a human rights lawyer with the Free Legal Assistance Group (FLAG), said Friday that they will first wait for the ruling of the Manila Regional Trial Court Branch 46 on their motion to dismiss the case.

"If the RTC grants our motion then it ends there. If the RTC does not grant our motion then we will take it from there. The Supreme Court is always an option," Te told reporters Friday, after the court deferred Ressa's arraignment due to the pending motion. 

Called a motion to quash, the pleading challenges the Department of Justice's (DOJ) basis for indicting Ressa and Reynaldo Santos Jr., the former reporter who wrote the allegedly libelous story that cited an intelligence report linking businessman Wilfredo Keng to human trafficking and drug smuggling.

The story was originally published in 2012, months before the Cybercrime Prevention Act was signed into law, then updated to correct a typographical error in February 2014. The DOJ said the update constituted a republication for which the journalists for should be prosecuted.

However, FLAG said the DOJ erred by "misapplying" the "multiple republication" principle.

The lawyers also insisted the anti-cybercrime law was not in effect even at the time of the supposed republication because it was the subject of a temporary restraining order (TRO) by the SC that was only lifted in April 2014, when the petitions challenging the law were resolved with finality.

While the High Court struck down some provisions of the law, it ruled that cyber libel is constitutional.

Te said issues raised during the challenges to the law in 2012 "are coming back."

"This time, the difference is there are now persons that are charged. If you read the two decisions of the court in the Cybercrime Act challenge of 2012, many of the fears that were expressed there are actually coming out in this particular case in relation to cyber libel," he said.

"...[I]f the opportunity presents itself then it’s possible that we will ask the Court to revisit the law itself this time pertaining to cyber libel because that is the charge against Maria and Rey Santos."

For her part, Ressa said it was "ridiculous" that she and her company have had at least 10 cases filed against them in a year. She has repeatedly called the cases an act of harassment.

Meanwhile, Keng's lawyer, Joseph Banguis, said they are pursuing the case "because we are against the irresponsible and unfair reporting that happened."

"If they feel that there was nothing wrong with the article, they should not be afraid to face trial and just proceed with the case and the let the judge decide on it based on the merits," he said.

New lawyers

FLAG lawyers entered their appearance as counsel for Ressa and Santos on Friday for a scheduled arraignment that was reset to April 12.

Apart from Te, Chel Diokno, a senatorial candidate,  Arno Sanidad, and Gregorio Tanaka Viterbo, Jr. now represent the accused, taking over from the Disini & Disini Law Office, which served as counsel for Rappler during preliminary investigation at the DOJ.

When Ressa posted bail after a night in detention on Feb. 14, it was lawyer JJ Disini, a cybercrime law expert, who accompanied her.

Te said FLAG stepped in after Rappler asked for their services "when it became clear" that the case may head to trial.

"They asked, we talked about it and it fell within our guidelines because it presents a particularly ripe issue relating to human rights, particularly press freedom, freedom of expression, which was the same reason we took the cyber libel challenge in 2012," he said. —LDF, GMA News