Former human rights lawyer and presidential spokesperson Harry Roque said Tuesday that Rappler CEO Maria Ressa and former researcher Reynaldo Santos Jr. could apply for probation to avoid jail time after they were found guilty of cyber libel yesterday.
The Manila Regional Trial Court Branch 46 found Ressa and Santos guilty of cyber libel in connection to Rappler’s published article that cited an “intelligence report” linking the private complainant and businessman Wilfredo Keng, to drug smuggling and human trafficking in 2012.
“I caution Maria Ressa and Mr. Santos. Their penalty is subject to probation. Walang kulong’ yan [no jail time for that]. If they want, they can just apply for probation, and they can be scot free,” Roque told CNN-Philippines in an interview.
“But when they appeal, and they lose their appeal, they will serve time,” Roque added.
The anti-cybercrime law of the Philippines would not be in effect until months after the article was published. The prosecutors, however, said Rappler allegedly “republished” the news in February 2014, which is why the law has covered it.
According to the lawyers of Rappler, the Free Legal Assistance Group (FLAG), the “multiple republication” principle does not apply to online media. They also claimed the change made to the article in 2014 was merely a “spelling correction,” changing “evation” to “evasion.”
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FLAG added Ressa, and Santos has “no participation” in the alleged republishing. They argued that no evidence would prove Rappler, Inc. would be made responsible under the charge.
Under Article 3, Section 22 of the 1987 Constitution, “no ex post facto law or bill of attainder shall be enacted.”
Roque, however, argued that the prescriptive period for a libel case, which is one year, cannot be applied to cyber libel.
“Given the nature of the internet, unless it (story) is removed, there is a view that it continues to be published, and therefore, the prescriptive period should be reckoned on the day that it continues to be seen on the internet,” Roque said.
Judge Rainelda Estacio-Montesa sentenced Maria Ressa and Santos of six months to six years in jail, but they were granted bail pending their appeal.