Nobel Prize laureate and Rappler CEO Maria Ressa speaks during a press conference at the Palacio del Gobernador in Manila on February 24, 2022. George Calvelo, ABS-CBN News
MANILA - A United Nations expert has asked the Supreme Court to be allowed to intervene in the appeal of Rappler CEO and Nobel laureate Maria Ressa over her conviction for cyber libel.
UN Special Rapporteur on Freedom of Expression Irene Khan's motion. Mike Navallo, ABS-CBN News
In a motion filed through her attorney-in-fact in the Philippines, Dean Rodel Taton, UN Special Rapporteur on Freedom of Expression Irene Khan asked the high court that she be allowed to appear as an “amicus curiae” or “friend of the court” and for her amicus curiae brief to be admitted.
Taton explained that in the Philippines, an “amicus curiae” is usually invited by a tribunal to provide insights on a pending case but Khan hopes to be allowed to intervene as an expert in Ressa’s cyber libel conviction.
He cited a 1980 case where the Supreme Court allowed an amicus curiae to intervene through a motion.
“We wish that this tradition by the Supreme Court will also consider the best interests of substantial justice,” he added.
Ressa, along with former Rappler writer and researcher Reynaldo Santos, were sentenced in June 2020 to up to 6 years in prison for defaming businessman Wilfredo Keng over an article linking him to then-Chief Justice Renato Corona, describing him as one with a “shady past.”
The Manila Regional Trial Court Branch 46 found Santos liable as author of the article and Ressa as executive editor of Rappler.
On appeal, the Court of Appeals (CA) affirmed the conviction of the two, even increasing the maximum jail term to up to 6 years, 8 months and 20 days.
The CA held that a cyber libel case can still be filed within 15 years from publication, a ruling that alarmed press freedom advocates because the prescriptive period for libel is only 1 year.
A copy of UN special rapporteur Irene Khan’s motion and amicus brief was not made available to the media.
But the press briefer said she expressed concern over the Cybercrime Prevention Act, which punishes cyber libel.
“Her amicus curiae brief will provide the Court with the international and regional legal standards as they apply to freedom of expression, especially regarding its application to the law of defamation. The Special Rapporteur is concerned that the law in the Philippines fails to adequately protect the rights to freedom of expression under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which the Philippines is a party,” the briefer said.
“In particular, the Cybercrime Prevention Act raises serious concerns that it limits the ability of journalists to expose, document and address issue of important public interest, thereby violating the right to receive and impart information,” it added.
The Cybercrime Prevention Act’s cyber libel provision had previously been challenged before the Supreme Court but it survived scrutiny.
Taton declined to say if Khan wants Ressa acquitted or the cyber libel case against her dismissed, saying Khan herself wants to appear before the high tribunal.
“She presented all the possible aspects of the case, including specially, the international legal framework based on the best practices around the world, where the Philippines is a party to the UN conventions on the protection of human rights and of course the UN Declaration on Human Rights,” he said.
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