No cyber libel committed in 2012 article, Ressa and Santos claim
(Eagle News) — Rappler Chief Executive Officer Maria Ressa and former Rappler reporter Reynaldo Santos Jr. on Thursday said that the complaints for cyber libel against them in connection with a Rappler article published in 2012 should be dismissed.
In both their counter-affidavits submitted to the National Bureau of Investigation, Ressa and Santos alleged this was because Article 90 of the Revised Penal Code provides for libel to be extinguished “by prescription” in one year.
She said the article being assailed by complainant Wilfredo Keng was published on May 29, 2012, and updated on February 19, 2014.
The article detailed what Rappler said was the businessman’s “alleged involvement in illegal activities,” which Keng has vehemently denied.
Rappler’s source for the story was what it claimed to be an intelligence report.
“Since it has already been more than five years after the said article was published, and almost three years after it was updated, and to date, no complaint has been filed with any prosecutor, with regard to the publication of said article, then it is obvious that the crime of libel has already been totally extinguished by prescription. Without any crime, there is no reason for this Honorable Office to conduct an investigation involving me or anybody from Rappler,” Ressa said.
According to Ressa and Santos, they could also not be prosecuted for cyber libel because at the time the “alleged libelous article” was published, the Cybercrime Prevention Act was “not yet in effect.”
Ressa said Article 4 of the New Civil Code “prohibits the retroactive application of a law unless the contrary is provided.”
“The Cybercrime Prevention Act provides that it shall take effect 15 days after the completion of its publication in the Official Gazette or in at least two newspapers of general circulation…Thus, said law took effect only on October 3, 2012,” Ressa said.
She added the prescription for such a crime was still the same as the one for libel since, according to what she said was a Supreme Court resolution, online libel is “essentially the old crime of libel found in the 1930 Revised Penal Code and transposed to operate in the cyberspace.”
“Based on all the foregoing, it is clear that no crime of libel or even cyber libel has been committed against the complainant. Perforce, this Honorable Office has no reason to subject me to any further investigation,” Ressa argued.
In a decision dated January 11, the Securities and Exchange Commission already revoked Rappler’s certification of incorporation for what the SEC said was its violation of the constitutional and statutory foreign equity restrictions in mass media.
Rappler has lodged an appeal before the Court of Appeals.