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Court junks cyberlibel case vs Ressa, Rappler journo after complainant desists

Kristine Joy Patag - Philstar.com
Court junks cyberlibel case vs Ressa, Rappler journo after complainant desists
Philippine journalist Maria Ressa (C) speaks during a press conference after attending the court's verdict promulgation in Manila on June 15, 2020. Ressa was convicted on June 15 of cyber libel and sentenced to prison in a case that watchdogs say marks a dangerous erosion of press freedom under President Rodrigo Duterte.
AFP / Ted Aljibe

MANILA, Philippines — The Manila court dismissed the cyberlibel suit against Rappler CEO Maria Ressa and journalist Rambo Talabong after the private complainant, a college professor, desisted from pursuing the case against them.

Lawyer Theodore Te, Rappler’s legal counsel, said Thursday that the Manila Regional Trial Court Branch 24 issued an order in open session on August 10 “dismissing the case with prejudice” against Talabong and Ressa.

This was after former College of St. Benilde professor Ariel Pineda submitted an affidavit of desistance, which he also affirmed in open court, Te said.

“Mr. Pineda stated that the filing of the case arose out of a misappreciation of facts and that he was no longer interested in pursuing the case against both Mr. Talabong and Ms. Ressa,” he added.

The case stemmed from a complaint filed by Pineda who allegedly allowed thesis students to pass his subject for a fee. Talabong wrote “Thesis for sale: Benilde students say they paid P20,000 to pass”, which was published on Jan. 23, 2020.

Te said he cannot disclose the agreement between Pineda and Rappler, but he explained that the discussion led to Rappler updated the story with information that was obtained after the case was filed.”

The subject story was updated on August 10. It now states that CSB dismissed the complaint against Pineda due to lack of evidence, as it found that the supposed complainant against the professor was no longer a student when he filed the raps and no other student ascertained the information in the suit.

Calls to decriminalize libel

This is the third cyberlibel charge filed against Ressa. The second cyberlibel case against Ressa was also dismissed after the private complainant Wilfredo Keng withdrew his case. Ressa still has a pending appeal to overturn a cyberlibel conviction in June 2020.

Te said the dismissal of this cyberlibel suit is a welcome development. “That the case was even filed against both Mr. Talabong and Ms. Ressa at the level of the investigating prosecutor however spotlights the danger to press freedom and freedom of expression that criminal cyberlibel poses,” he said.

“Perhaps it may be time to consider seriously taking a second look at the Cybercrime Protection Act of 2012 particularly its provisions on cyberlibel as a crime,” Te added.

Talabong, who has faced a separate cyberlibel complaint in 2019 but was eventually dismissed at prosecutor level, reiterated his call to decriminalize libel, which he said “drains too much precious resources and time from journalists.”

“No journalist should have to go through this. The law must protect journalists. It must not remain as an accessible weapon to target them,” he added.

LIBEL

MARIA RESSA

RAPPLER

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