The Office of the Chief Presidential Legal Counsel notes that Rappler’s Executive Editor and Chief Executive Officer Maria Ressa has been found guilty by Manila Regional Trial Court Judge Rainelda Estacio-Montesa of cyber libel today, June 15.
The court’s ruling will be used by the critics and detractors of this Administration here and abroad, unsurprisingly, to peddle the canard that her conviction is the death knell to press freedom in this country, and expectedly, they will make the court decision a platform to make a hero out of Ms. Ressa.
We will remind Ms. Ressa that the libel case was filed by a private person whom the trial court found to have been maligned, dishonored, discredited and put into ridicule by her and the other accused by publicly and falsely picturing him as a drug smuggler, human trafficker and murderer through on-line publication. Ms. Ressa should stop telling her fellow journalists that this is a case against all of them too when she and her reporter who wrote the offending article were the only ones sued and convicted for allegedly transgressing an individual’s rights. No journalist has ever been haled to court by PRRD despite the libelous articles written about him and his family by numerous journalists.
Simply put, this a case between Ms. Ressa and Mr. Keng, whom the President does not know from Adam. It is a case of accountability upon those who abuse the freedom of the press.
The right to express oneself or to publish articles of dissent is sacrosanct as it is guaranteed by the Constitution. Its observance by the Administration is irrefutably evidenced by the fact that reporters, especially those from Rappler, continue to publish articles against this Administration’s policies. Other journalists severely critical of the President more than Ms. Ressa, are still writing their biased articles with venom and abandon, without being sued, charged or arrested. The critics and dissenters continue to air their protests in various media platforms against the President’s pronounced policies. They are eloquent proof that the freedom of the press in this part of the world is robust and unfettered.
As succinctly articulated by the Supreme Court In the case of Tulfo vs. People (G.R. Nos. 161032 and 161176, September 16, 2008) : “The press wields enormous power. Through its widespread reach and information it imparts, it can mold and shape thoughts and opinions of people. It can turn the tide of public opinion for or against someone, it can build up heroes or creates villains. x x x . Those who would publish under the aegis of freedom of the press must also acknowledge the corollary duty to publish responsibly. To show that they have exercised their freedom responsibly, they must go beyond merely relying on unfounded rumors or shadowy anonymous sources. There must be further investigation conducted, some shred of proof found to support allegations of misconduct or criminal activity. x x x . Journalists are supposed to be reporters of facts, not fiction, and must be able to back up their stories with solid research. The power of the press and the corresponding duty to exercise that power judiciously cannot be understated.”
Ms. Ressa, and for matter all journalists, should take to heart the wisdom imparted by the Supreme Court in that case. Like any other right, the same is not absolute, it ends when such exercise is abused and transgresses the rights of others. The present case is thus about punishing those who abuse the freedom of the press in violation of the rights of others. Ms. Ressa’s conviction therefore is about accountability.
As we respect the decision rendered by the court, as we do in all cases before tribunals belonging to a separate and independent branch of the government, we also recognize Ms. Ressa’s rights to post bail and avail of remedies to contest her conviction in higher courts.
