Amal Clooney, int'l legal team condemn CA decision upholding Ressa conviction

Nobel Peace Prize winner Maria Ressa's international legal team, Amal Clooney and Caoilfhionn Gallagher QC, on Tuesday condemned the Court of Appeals (CA) decision upholding her and former Rappler researcher Rey Santos Jr.'s cyber libel conviction over a story published before the Cybercrime Law was passed in 2012.

"This decision follows alarming developments for press freedom over the past three weeks: the unprecedented blocking of news websites, the shutdown order of Rappler, the killing of a media worker, and increased online attacks against journalists and activists," Ressa, Rappler news website's Chief Executive Officer, said in a statement.

"Despite these sustained attacks from all sides, we will continue to do our jobs. Independent journalism in the Philippines is needed now more than ever," Ressa added.

Clooney and Gallagher noted that the subject of the case, the Rappler story on the Chief Justice of the Philippines Supreme Court who supposedly "drove a car belonging to a businessman with an allegedly shady past", was not libelous.

"It was alleged that this tarnished the businessman’s reputation and that, as a result, Ms. Ressa should be imprisoned for up to six years and eight months. This sentence is based on a law that did not exist when the article was published and on charges that were brought six years after the time limit expired," the lawyers said in the same statement.

"On behalf of the international legal team acting for journalist Maria Ressa, we condemn the decision of the Court of Appeals dated July 7 upholding her conviction for ‘cyber libel’ and increasing her maximum prison sentence to more than six years of imprisonment," they added.

Ressa's foreign counsels also argued that the published story was not authored by Ressa and, as a report on a matter of public interest written in good faith, should be protected free speech in Philippine law.

"The draconian sentence also flies in the face of international law and the warning by the Philippine Supreme Court that ‘the constitutionality of criminalizing libel is doubtful’," they said.

Rappler earlier declared that they would appeal the cyber libel conviction to the Supreme Court.

Ressa received the Nobel Peace Prize in October 2021 for being a fierce defender of independent journalism and freedom of the press and expression.

Clooney said Ressa should be celebrated, not prosecuted, for her work.

"Maria became the first Filipino Nobel Laureate in recognition of her work. She should be celebrated - not thrown in jail - for it. The latest judgment by a court in the Philippines shows that Maria has been considered guilty until proven innocent – and then prevented from proving her innocence," Clooney said.

"I hope that the Philippines Supreme Court will now set things right – and restore the country’s constitutional commitment to freedom of speech. And I hope that the new Marcos administration will show the world that it is strong enough to withstand scrutiny and allow a free press," she added.

Gallagher, for her part, said new President Ferdinand "Bongbong" Marcos Jr. should take this chance to counter former President Rodrigo Duterte's legacy of weakened press freedom, human rights, and the rule of law.

"Will President Ferdinand Marcos Jr. stop the rot, or will he double down on his predecessor’s attacks on journalists and civil society?" she asked.

"We call on the international community to condemn this ruling in the strongest terms, and to make clear to the new administration the vital importance of press freedom, human rights, and the rule of law."

The CA's decision upholding Ressa and her colleagues' conviction came just weeks after the Securities and Exchange Commission also upheld its earlier decision to shut down Rappler by revoking its certificates of incorporation.

Such developments, the lawyers said, clearly show a sustained campaign of state-sponsored legal harassment against Ressa, Rappler, and its team of journalists "who face a barrage of vexatious criminal and regulatory proceedings including numerous additional libel charges, accusations of allegedly illegal foreign ownership and spurious tax charges."

Ressa, meanwhile, received international support in her legal fight.

The UN expressed grave concern over Ressa's treatment and highlighted the staggering cost of the relentless and systematic assault on the most basic rights of Filipinos by the government.

The US Department of State likewise said it was concerned by the verdict and called for the case to be resolved "in a way that reinforces… freedom of expression."

The European Union said Ressa's conviction "raises serious doubts over the respect for freedom of expression as well as for the rule of law in the Philippines."

The Media Freedom Coalition, a partnership of 50 countries working together to advocate for media freedom and the safety of journalists, condemned "the various charges against Maria Ressa" and "the increasing restrictions on freedom of the press in the Philippines." — DVM, GMA News