Free press wins as Maria Ressa acquitted of another trumped up charge

Maria Ressa overjoyed after the court acquits the Filipino American journalist.

Chalk up another win for democracy and the free press in the Philippines.

Nobel laureate Maria Ressa and her online news outlet Rappler were acquitted by the Philippines Regional Trial Court Tuesday (Sept. 12, 2023) on the final criminal tax charge leveled against them by the regime of former President Rodrigo Duterte.

Ressa , 59, had a smile on her face as the judge delivered the acquittal, said AFP news agency. "You gotta have faith," she told journalists after the verdict was rendered.

"The acquittal now strengthens our resolve to continue with the justice system, to submit ourselves to the court despite the political harassment, despite the attack on press freedom," added the Fillipino American journalist Ressa, who spent part of her youth in New Jersey and graduated from Princeton University. She frequently visits family who still reside in New Jersey.

The judgment comes after a legal battle lasting nearly five years. If they had lost the case, Ressa could have been jailed for up to 10 years, while Rappler would have faced a fine.

“This verdict underlines that it is possible for President Ferdinand Marcos Jr. to chart a different course to his predecessor Rodrigo Duterte, who waged a relentless campaign of media repression,” said the Hold The Line Coalition Steering Committee, an international coalition of free press advocates.

“We hope this judgment signals a revival of judicial independence in the Philippines after the previous administration’s instrumentalization of the courts as a means to erode press freedom and discredit independent reporting,” the Hold the Line Coalition said.

Ressa and Rappler were charged in connection with an alleged failure to accurately report financial details on their tax return pertaining to an amount of approximately US$ 11,000. But they have already paid twice that amount in bail and travel bonds associated with the charge.

In January, Ressa and Rappler were acquitted of four tax evasion cases before the Court of Tax Appeals in Manila in an emphatic victory.

While the verdict represents another reprieve, Rappler and Ressa, still face a sustained campaign of legal persecution and online violence, with 23 individual cases against them opened by the government since 2018.

Rappler and Ressa have maintained their innocence and continue to fight three other cases, including Ressa’s 2020 conviction on a trumped-up charge of criminal cyber libel, currently in the final phase of appeal before the Supreme Court. In that case alone, Ressa faces a seven-year jail sentence.

In an historic precedent, Rappler was officially issued a shutdown order in June 2022, reinforcing an earlier decision to revoke the outlet’s license to operate. The order was the first of its kind for the issuing agency and for Philippine media. The threat of shutdown lingers.

“This is a victory not just for Rappler but for everyone who has kept the faith that a free and responsible press empowers communities and strengthens democracy,” Rappler said in a statement.

“As an immediate next step, we call on the government to abandon all remaining cases against Rappler and Ressa, and in doing so, put a long-overdue end to their persecution,” in a statement issued by the Coalition.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow me at Threads.net/eduardodiok, @DioknoEd on Twitter or at the blog Views From the Edge.

Philippine court clears Maria Ressa of tax charges

AFP

Philippine court clears Filipino American Maria Ressa of tax evasion charges

Nobel laureate Maria Ressa was cleared of tax evasion charges by a Philippine Tax Court. 

"Today, facts win. Truth wins. Justice wins," said journalist Ressa, a former CNN correspondent who co-founded Rappler, a Philippine online news outlet that was targeted by former Philippine President Rodrigo Duterte because it criticized his policies.

In an 80-page ruling, the court ordered the acquittal of Ressa and Rappler for “failure of the prosecution to prove their guilt beyond reasonable doubt.”

"These charges were a brazen abuse of power, political harassment against journalists trying to hold power to account," she said in a statement. "This is where business, capital markets, and press freedom meet. So this victory is not just for Rappler, it’s for every Filipino who has ever been unjustly accused.

"It’s a ray of sunshine, hope – for those like journalist Frenchie Mae Cumpio, who begins her fourth year in prison in February and Leila de Lima, who begins her seventh year in prison in February as well," Ressa continued.

"I had a good feeling about today – not only because not one shred of evidence supporting these charges was presented in court – but also because of the way Justice Catherine Manahan ran the trial. She was tough. When I testified, she was joined by Justice Bacorro-Villena."

The court's decision was a major victory for the Filipino American journalist, who won the Nobel Peace Prize in 2021, but it is not the end of her legal troubles in three other cases.

Ressa and former researcher Reynaldo Santos Jr. are appealing their conviction for cyber libel pending at the Supreme Court, the lone tax case at the Pasig City RTC, and the appeal on the closure of Rappler pending at the CA.

In the US, the National Press Club issued a statement: "We are overjoyed tonight to learn that Maria Ressa and her news site Rappler were acquitted in a case of tax evasion by a Philippine court. The case was an example of harassment by government prosecutors who were trying to stop Ressa and the journalism of Rappler. This is huge victory for journalism and for one of its most determined and inspiring leaders. We are overjoyed for Maria Ressa and we know she will press forward."

"You know, Martin Luther King says, yes - it will take time," Ressa told the BBC. "But as I was reading through the decision, and there was no reason to take us to court... we're not tax evaders - we never were… This was an incredibly important day because it would have set a direction for which way the Philippines was going."

EDITOR'S NOTE: This is a developing story. Check back later for updates. For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter.

World press condemn attacks on Philippine news site Rappler and co-founder Maria Ressa

Journalist Maria Ressa faces jail time

The Philippine government's attempts to shut down the online news site Rappler strikes at one of the pillars of democracy: a free and truthful press.

As the administration of former Philippine President Rodrigo Duterte was preparing to transfer power to the newly elected President Bongbong Marcos, it delivered two vicious blows against Rappler and its co-founder Maria Ressa, the 2021Nobel Peace  laureate.

On June 28, the Philippine Securities and Exchange Commission affirmed its 2018 decision to revoke Rappler’s certificates of incorporation, effectively confirming its shutdown. 

Less than two weeks later, Ressa lost an appeal against a 2020 conviction for cyber libel, putting her one step closer to serving up to nearly seven years behind bars.

Rappler drew Duterte's wrath for its regular scrutiny of former Duterte’s self-proclaimed “war on drugs” – echoing serious concerns by the UN human rights office, OHCHR, about the widespread and systematic killing of thousands of alleged drug suspects.

The online news website also explored the spread of disinformation over the internet and social media, which heavily influenced the last two Philippine Presidential elections by the use of anonymous accounts that trolled social media, the news source for many Filipinos. 

Irony upon irony, the international media is calling on the new Philippine President Bongbong Marcos to revoke those rulings. Marcos is the son of Ferdinand Marcos, the dictator who ruled over the Philippines for 20 years, 1965 to 1985. When Ferdinand Marcos declared martial law, the first thing he did was to seize control of the media, once the boldest and most aggressive free press in Asia.

"I continue to appeal to the incoming administration, work with journalists, we’re here to help you give a better future for the Philippines. We’re not your enemies," said Ressa.

In a letter to the new president, Jodie Ginsberg, president of the Committee to Protect Journalists, wrote:

"To start with, your administration should end the relentless persecution of journalist and Nobel Peace laureate Maria Ressa, a global beacon of press freedom. CPJ calls on your government to immediately drop all pending charges against Ressa, her colleagues, and the Rappler media group. These cases range from trumped-up tax charges to cyber libel accusations that threaten to shutter Rappler and carry potential prison penalties for those charged ...

"As the Philippines’ newly elected leader, you have the mandate to reassert your country’s damaged democratic credentials by forthrightly promoting and protecting press freedom. We urge you to seize this important moment and state clearly from the outset that journalists will be free to report without fear of reprisal, intimidation, or imprisonment during your tenure."

June 30 "is a new day in the Philippines with a new Administration coming to office and we call on President Ferdinand Marcos Jr. to quickly reverse the decisions to shutter Rappler and allow the newsroom and its journalists to operate unimpeded," wrote Jen Judson, president of the National Press Club and Gil Klein, president of the National Press Club Journalism Institute,

"We view this as an opportunity for the new Marcos government to make a good faith demonstration of its support for a free and secure democratic Philippines, of which a robust and independent press is a vital cornerstone. We look forward to a return to the rule of law in the Philippines as it relates to Rappler. We expect this will be the case. We stand by Maria Ressa," concluded their joint appeal.

Since Duterte took office six years ago, Rappler and Ressa have faced harassment at hands of Philippine authorities under President Duterte. The harassment and intimidation campaign took the form of online attacks, arrests and legal charges. Ressa has also been slapped with a series of civil and criminal cases, including charges of tax evasion, three cyber libel cases and violations of foreign ownership rules. At one point, Ressa faced up to 100 years in prison cumulatively in various cases.

Speaking on the issue, International Press Institute Deputy Director Scott Griffen said, “The Philippines’ decision to shut down Rappler is a flagrant attempt to silence a critical media outlet and a serious violation of press freedom, which has rapidly eroded under the Duterte administration.”

IPI executive board chair Khadija Patel said, “This decision is deplorable and is testimony to the legacy of an administration that has actively impeded press freedom throughout. As we call for this order to be overturned, we also call on the newly elected president to uphold the rule of law when it comes to news media in the country and stop harassment of critical journalists.”

While its actions against Rappler and Ressa are the highest profile incidents, Duterte has had a running war against the media during his entire time in office.

Duterte shut down the biggest and most influential television network ABS-CBN in 2020. Although, the independent network continues to broadcast online, the loss of its operating franchise has decimated its national television audience.

"We also urge your government to cease the “red-tagging” of journalists, the wrongful and dangerous labeling of reporters as supporters of the banned communist insurgency," urged the CPJ. "Duterte’s administration made red-tagging de facto government policy and employed the practice to threaten, harass, and jail journalists. Red-tagging is especially dangerous considering the Philippine military’s alleged role in extrajudicial killings and torture of accused communists.

The Philippines is also one of the most dangerous places for journalists to work, notes the CPJ. "More broadly, we implore your government to prioritize ending the enduring culture of impunity in the killing of Filipino journalists," based on CPJ’s latest Impunity Index, a quantitative measure of the number of unsolved journalist murders as a percentage of the population.

As Rappler's case is appealed in the Philippines' courts, the news site continues to operate. "It's - our only defense as a journalist is to actually shine the light," the New Jersey-raised Ressa told NPR. 

"So when you get, like, what is equivalent of a shutdown order, do you stay quiet about it and wait, or do you tell people about it, you tell your community about it? We chose to tell our community, and we are working business as usual. We covered the inauguration of President Marcos, and we continue to do our jobs."

Ressa, meanwhile, is out on bail as she awaits the new Marcos regime's position on a free press.

"Who knows what the new administration will do?" Ressa told Axios editor-in-chief Sara Kehaulani Goo. "If the rule of law wins, these cases (against me and Rappler) will be thrown out. I look forward to a new administration and their upgrading of the rule of law." 

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter.

Journalist Maria Ressa found guilty by Manila court

SCREEN CAPTURE / CNN

Journalist Maria Ressa warned about the death of democracy.

A Filipino American journalist who helped establish Rappler, a news website in the Philippines, has been found guilty on Monday of cyber libel charges and could face up to six years in prison.

Embattled Maria Ressa, one of four journalists named Persons of the Year by Time Magazine in 2018, denies the charges and called the proceedings a politically motivated effort to silence independent journalism in the Philippines.

Also found guilty was Reynaldo Santos Jr., a former researcher and editor for Rappler, which was found not guilty even though it has often offered reports critical of policies of the administration of Philippine President Rodrigo Duterte.

After the verdict, Ressa told the BBC, "Rappler and I were not the only ones on trial." 

"I think what you're seeing is death by a thousand cuts - not just of press freedom but of democracy."

She and Santos remain free as the case is under appeal.

After Ressa and Santos were arrested in February 2019, the United Nations High Commissioner for Human Rights issued a statement that said Ressa’s treatment “appears to be the latest element in a pattern of intimidation of a media outlet that has fiercely guarded its independence and its right to conduct in-depth investigations and to criticize the authorities.”

Like strongman leaders around the world, Duterte doesn't take kindly when he is taken to task by the press. He often calls critical news reports, especially from Rappler, as "fake news" and calls journalists "spies."

"Just because you're a journalist you are not exempted from assassination, if you're a son of a bitch," Duterte warned. "Freedom of expression cannot help you if you have done something wrong."

The Asian American Journalists Association backed a statement issued by its Asia chapter, which "stands in full support of Ms. Ressa, Mr. Santos and all Filipino media and journalists in this new attack against press freedom that critically undermines the right for every citizen in the Philippines to access free, independent news. We join with organizations around the world to call for an end to the prosecution of journalists who are simply doing the brave job of reporting inconvenient truths in the Philippines."

The Philippines' constitution guarantees freedom of the press the Philippines is one of the most dangerous places in the world for journalists, says US-based Freedom House.

"Private militias, often hired by local politicians, silence journalists with complete impunity," says Reporters Without Borders.

Last month, one the country's biggest TV networks, ABS CBN went off air after it was ordered by the government's media regulator to stop operations while waiting for the renewal of its broadcasting license.

"With this latest assault on independent media, the human rights record of the Philippines continues its free fall," Amnesty International's Asia-Pacific Regional Director, Nicholas Bequelin, said.

"It is time for the UN to urgently open an international investigation into the country's human rights crisis, in line with the recent conclusions of the UN Human Rights office itself."

"The silencing of critics and the attacks on the media have been going on for 3 years now. And unless we stand up, speak out, and vigorously oppose the tyranny in our midst, their conviction will not be the last," said Philippines Senator Francis Pangilinanthe president of the once-ruling Liberal Party said in a statement.

Ressa was born in the Philippines but was raised in the US. She holds dual citizenship of the US and the Philippines. Ressa returned to the Philippines after the fall of the Ferdinand Marcos dictatorship in the 1980s. She worked for CNN-Philippines before forming the independent Rappler.

"I think we're fighting the same battles that journalists all around the world are facing against populist authoritarian leaders that are hitting the messengers," said Ressa.

Philippine gov't shuts down network critical of Duterte regime

SCREEN CAPTURE / ABC

Filipinos protests the closure of the giant Philippine broadcasting network.

Subscribers to The Filipino Channel will still be able to watch their favorite soaps and game shows, most of which come from the Philippines, despite the network's mother company went dark on Tuesday, May 5.

The channel is the international subsidiary to ABS-CBN, the largest broadcasting network in the Philippines, airs programming aimed at the Philippine diaspora of millions of Filipinos in the US, Canada and other parts of the world.

Ironically, the day after World Press Freedom Day on Sunday, the license to broadcast ended for ABS-CBN, the Philippines largest media giant. The Solicitor General ordered the broadcasting network to shut down, effective immediately. The station went dark for its viewers in the Philippines after the last news show "signed off," Tuesday evening.

"TFC assures its many subscribers around the world that it will remain and continue to deliver relevant news and information, TV shows and movies across our different channels and platforms via cable and satellite, IPTV, and TFC Online," the embattled network said in an statement.

"We will continue our commitment to be of service to Filipinos, worldwide," the short statement concluded.

TFC operates several bureaus throughout the US and Canada that provides local programming of community events, local news and programming produced in the Philippines. The bureaus have been major sponsors of cultural events organized by Filipino American and Canadian communities, such as the Philippine Independence Day celebrations that have attracted thousands of Filipinos seeking a connection to their homeland or the homeland of their parents or grandparents.

The media corporation is owned by the prominent Lopez family of the Philippines. President Rodrigo Duterte has been at odds with the network since his 2016 campaign. Duterte accused the company of not running his campaign commercials.

Besides the broadcast network, Duterte has also attacked several media outlets, including Philippine Daily Inquirer and Rappler Holdings Corp., for their reporting on his drug war that has killed thousands with Duterte's open season on suspected drug dealers.
The Philippines' Solicitor General Jose Calida alleges that the ABS-CBN had issued Philippine Depositary Receipts to foreigners, raising questions about foreign ownership of the broadcast and print giant, which against the Philippine Constitution. 

Since those assertions arose, the network's foreign investors sold their shares to Filipino investors. Legislation granting the network its license has been stalled in the Duterete-controlled House of Representatives for several months.

In a May 5 letter sent by the NTC, ABS-CBN was ordered to stop operating all of its free TV and radio stations across the country. The network’s 25-year franchise expired on Monday, May 4.

The National Tellecommunications Commission stressed that, based on the radio control law, no person or company may operate any radio or TV broadcasting station without a congressional franchise.

“We have done all the requirements for renewal, and we have not violated any laws,” ABS-CBN President Carlo Katigbak said in a live broadcast minutes before its main television channel went off the air Tuesday evening.

The government action came as a surprise to the lawmakers in both houses of Congress. On March 10 the NTC committed to legislators that they would grant ABS-CBN a provisional authority to broadcast, while Congress tackles the bill for a new franchise for ABS-CBN.

"Ordering ABS-CBN to stop its operations is an outrageous attack on media freedom... The Filipino people need accurate information from independent sources. The government must act immediately to keep ABS-CBN on air and cease all attempts to curtail media freedom," Amnesty International's Philippines section director Butch Olano said in a statement.

"This latest move against ABS-CBN occurs after repeated attacks in the past against the network by President Duterte himself. It is yet another attack on freedom of expression in recent weeks, following the authorities' legal threats against people who criticised the government's response to the pandemic."

Duterte is reportedly “completely neutral” on the issue of ABS-CBN’s shutdown, his spokesman Harry Roque said Tuesday in a television interview.

The threat to the network drew protests from Filipino Americans during the 34th anniversary of the People Power Revolution in the Philippines that brought down the Marcos dictatorship. 

A show of solidarity came from the National Federation of Filipino American Associations, or NaFFAA, the Asian community of the Commonwealth of the Northern Mariana Islands, the Filipino American Human Rights Alliance, the U.S. Pinoys for Good Governance and the Fil-Am Press Club.

They said that it was the people that brought back democracy then — that same united force will fight for freedom of speech under the Duterte administration.

“ABS-CBN and TFC are a significant media resource whose importance to the Filipino American community cannot be overstated,” the National Federation of Filipino American Associations said in a statement. “As a Filipino news and media entity dedicated to artistic and journalistic excellence, they thoughtfully bridge the gap between the Philippines and its diverse diaspora across the United States and the world.

“Since the founding of NaFFAA, ABS-CBN has been a consistent and strong collaborative partner in NaFFAA’s efforts to empower Filipino Americans. They have helped further NaFFAA’s mission through support of programs such as the Biennial National Empowerment Conference, through TFCUniversity (TFCU), and Kollective Hustle.”

Human rights and journalist groups have slammed the sudden closure, with Amnesty International calling it a “dark day for press freedom in the Philippines, reminiscent of martial law when the dictatorship seized control over news agencies.”

“Ordering ABS-CBN to stop its operations is an outrageous attack on media freedom,” the group added.

The National Union of Journalists of the Philippines (NUJP) likewise reiterated the need for freedom of the free press in its statement, saying, “mainstream media, particularly ABS-CBN, have been vital to combatting the virus of fake news and have been instrumental to giving the most neglected sectors in this health crisis a voice.”

Sunday Read: Support gathers steam for news, entertainment source for Filipino Americans

Demonstrators in the Philippines rallied for press freedom last Friday, Feb. 21.

Filipino Americans are expressing support for the media giant ABS-CBN that has become one of the major sources of information about the Philippines and Filipino America.

ABS-CBN, which operates the The Filipino Channel in the US and has US editions of the Inquirer newspaper, is being threatened by the regime of President Rodrigo Duterte.

In a press statement, the National Federation of Filipino American Associations (NaFFAA) praised the network’s programming, which “reflects the touchstones of Filipino culture and heritage.” ABS-CBN, through its global television network, The Filipino Channel (TFC), connect over-four million Filipinos in the United States to their country of origin.

“ABS-CBN and TFC are a significant media resource whose importance to the Filipino American community cannot be overstated,” says Brendan Flores, NaFFAA National Chairman. “As a Filipino news and media entity dedicated to artistic and journalistic excellence, they thoughtfully bridge the gap between the Philippines and its diverse diaspora across the United States and the world.

“Since the founding of NaFFAA, ABS-CBN has been a consistent and strong collaborative partner in NaFFAA’s efforts to empower Filipino Americans. They have helped further NaFFAA’s mission through support of programs such as the Biennial National Empowerment Conference, through TFCUniversity (TFCU), and Kollective Hustle.”

From Honolulu to Toronto, the media giant operates bureaus in major urban centers in the US and Canada under The Filipino Channel or Balitang America. Much of the news broadcasts are in English although most of the station's entertainment programming originating from the Philippines is in Tagalog. The US edition of the Inquirer prints in English

The Philippines' media are granted franchises with time limits that allow them to operate. ABS-CBN's franchise agreement is due to end at the end of March.

Duterte's administration is using the renewal of the 25-year licensing agreement as an opportunity to rein in criticism of the current president.

“We want to put an end to what we discovered to be highly abusive practices by ABS-CBN,” the solicitor general, Jose Calida, said in a statement. “A franchise is a special privilege granted by the state, and should be restricted only to entities which faithfully adhere to our constitution and laws.”

When the media giant refused to air Duterte's campaign commercials in 2016, the strongman said, “I will make sure that you will remember this episode of our times forever.” Calida denied that politics were behind the decision to file the petition.

SCREEN CAPTURE / TFC

The Filipino Channel covers Filipino American events such as the Parol Festival in San Francisco.

Calida alleges that the media company had issued Philippine Depositary Receipts to foreigners, raising questions about foreign ownership of the broadcast and print giant, which against the Philippine Constitution. The media corporation is owned by the prominent Lopez family of the Philippines.

“We did not violate the law. This case appears to be an attempt to deprive Filipinos of the services of ABS-CBN,” the company said in a statement.

Calida and Duterte used the same argument against Rappler, an online news site that has been critical of the Philippine president.

“These actions are part of a broader crackdown on media outlets and civil society groups that dare criticize him (Duterte),” lobby group Human Rights Watch said in a statement.

“This proves without a doubt that this government is hell bent on using all its powers to shut down the broadcasting network,” said the National Union of Journalists of the Philippines “We must not allow the vindictiveness of one man, no matter how powerful, to run roughshod over the constitutionally guaranteed freedoms of the press and of expression, and the people’s right to know.”

Thousands of supporters were joined by ABS-CBN personalities and employees in rallies in Manila and Bacolod City Friday evening urging the government to grant the franchise license.
ABS-CBN has produced a number of investigative reports highlighting extrajudicial executions and other human rights abuses committed as part of the government’s so-called “war on drugs” according to Amnesty International.

“It is unacceptable for the authorities to blatantly attempt to restrict freedom of expression and then expect people in the Philippines to simply remain silent," said Amnesty International’s Regional Director Nicholas Bequelin.

"If anything, the government’s continued efforts to undermine the press’s ability to report freely will only invite more criticism," he continued. "The government would do better by listening and addressing what is driving such criticism rather than resorting to legal theatrics to suppress human rights.”

Sunday Read: Legal battle between president Duterte and Maria Ressa’s Rappler shows the Philippines ‘dark reality’ and sends some fact-checkers to therapy

RAPPLER

Journalist Maria Ressa has drawn the ire of Philippine President Rodrigo Duterte.

By Cristina Tardáguila

REPUBLISHED WITH PERMISSION OF POYNTER & THE IFCN

In the span of 14 months at least 11 complaints, investigations and court cases have been lodged by President Rodrigo Duterte’s government against Filipino media site Rappler and its CEO Maria Ressa.

From the official point of view, Rappler deserves to be judged for a long list of tax violations and a cyber libel case. In January 2018, the Filipino Securities and Exchange Commission even revoked the site’s license to operate, and the battle to recover it is an ongoing process.

From Rappler’s point of view, this situation deserves the world’s attention. For their staff, it shows the Philippines’ “dark reality: how law and bureaucracy can be mobilized to silence an independent institution.” For Ressa, it could also be considered a case study about how public spheres and democracies around the world are being destroyed.

LINK HERE to read the original article

Rappler is the largest journalist-controlled media corporation in the Philippines and also a verified signatory of the International Fact-Checking Network’s Code of Principles. In 2018, Time Magazine named Ressa Person of the Year for her work in the field of journalism. In April, she was included in the publication’s ranking of Most Influential People.

According to Glenda Gloria, Rappler’s managing editor, she often gets approached by people in restaurants offering to pay for her meals. “It’s the least we could do for you and Rappler,” they tell her.

In elevators, far from any sort of governmental scrutiny, Filipinos shake her hand and say, softly, “We support you, carry on.” Some people even approach her crying, imploring her to keep doing her work.

Ressa, Gloria and Gemma Mendoza, Rappler’s research and content strategist, all spoke with the IFCN about this legal battle and about how it is affecting their fact-checking unit.

Mendoza emphasized that the claims being made by Duterte are still being — and will always be — fact-checked. Rappler, however, has had to begin offering therapy for those employees who are struggling with a barrage of digital hate speech and threats.

Here is our Q&A with Ressa, Gloria and Mendoza:

If you had to explain the legal battle to a foreigner, what would you say?
Gloria: They reflect this dark reality: that the law and the bureaucracy can be mobilized to silence an independent institution, the only journalist-controlled media corporation in the Philippines. At least 11 complaints, investigations and court cases were lodged against Maria and Rappler by the Philippines’ regulatory, investigative and prosecutorial bodies in a span of 14 months. That is unprecedented even in the Philippine and Southeast Asian context.

The following government entities have investigated and filed cases against us: the Office of the Solicitor General(the “principal law officer and legal defender of government”), the Securities and Exchange Commission(which acted on the SolGen’s request to probe Rappler and whose vision is to be the “champion of investor protection”), the tax bureau (Bureau of Internal Revenue), the National Bureau of Investigation (the investigative arm of the Department of Justice, DOJ), and the DOJ itself.

No other Philippine business has been subjected to such simultaneous legal attacks in recent years, except those known to have swindled customers or stolen public funds — which Rappler certainly has not committed!

These cases have taken much of Maria’s and Rappler’s time and resources, which would have been better spent growing our journalism and our business model at a critical time of massive disruption. We have a constantly updated story containing pertinent details of all our cases.

Ressa: The government seems to want to retain a veneer of rule of law so we are going through a tough process. In more than two years of these politically motivated legal acrobatics, Rappler has only had one decision in its favor, quickly overturned a week later when the case was filed by the Department of Justice.

“Legal acrobatics” is an interesting expression. Can you further explain that?
Gloria: The cases against Maria and Rappler are part of a pattern — that of government investigators and prosecutors are experimenting with legal theories.

For example, in the cyber libel case, there is this theory of republication. They do this to fit a particular entity or person but only after a campaign of public vilification.

Aided by a social media army that targets the Duterte mass base, public officials create a “new normal” first to show that critics and independent voices have become state enemies.

The cyber libel trial has started. In what situation is Ressa now?
Gloria: The prosecution presented its first two witnesses last week. We expect the trial to wind down by the end of September — and possibly a verdict by the end of the year.

This week, the prosecution was supposed to present as its witness the former head of the National Bureau of Investigation’s cybercrime unit that first dismissed the cyber libel complaint against Maria, Rappler and our former reporter.

Perhaps they belatedly realized that he, in fact, dismissed it, so he was not presented at all. (Here’s the story on how the dismissal was overturned a week after)

Ressa is obviously an important person for Rappler’s organizational structure. Is she able to go to the newsroom and work regularly?
Gloria: When she’s not traveling, Maria is always, always in the newsroom.

When she’s traveling, she’s still in the newsroom — virtually. She’s a bundle of energy and positive vibes, that I always joke that I would truly want to take whatever she’s been taking.

Not to say she does not call us out. Eye on the ball on our strategic goals and roadmap to the future — that’s her.

Have you, at Rappler, done any poll or research to measure Ressa’s support among the Filipinos? How is society reacting to this case?
Gloria: How does one measure support under a climate of fear?

In an environment that allows the killing of at least 20,000 people in a drug war that sees no end? In a country led by a president who assures the police he’d protect them if ever they’re charged for these killings?

Under a government that allows its presidential spokesperson to present a “matrix” of destabilizers that lumps independent media organizations with lawyers and activists? In a landscape where an opposition female senator is jailed on trumped-up charges and another opposition senator is facing rebellion charges for which he was already amnestied, and the duly elected vice president is facing a complaint of sedition?

In an online environment polluted by propaganda, manipulated by fake news, and driven by an army of bots and trolls?

Right, right. But do you feel any support?

Gloria: One measures sentiment in intimate instances where state power and surveillance could not reach: in restaurants, where people approach Maria for photos and pay for her meals (it’s the least we could do for you and Rappler, they’d say); in elevators, where they shake her hand and say, softly, we support you, carry on; in courts, where lawyers trying other cases give their cards to say, if you need more pro bono lawyers, count us in; in public places outside Metro Manila where one woman comes up to her in tears — for her, for her country, she said; among students and teachers who closely monitor her and Rappler’s cases and do not doubt that it is a press freedom issue; etc.

Does this mean Rappler has everyone’s support? Certainly not. The technical and complex nature of the cases hurled against us (ie, taxes, foreign investment, cyber libel) gives room for questions — and we welcome them.

We truly wish we had enough time and resources to sit down with everyone to explain these issues. We are not saying we are above scrutiny or regulation or oversight.

We’re saying, we have conducted our journalism and our business ethically, legally, and with public interest in mind. When we commit errors, we not only apologize for them, we acknowledge them publicly.

All our corporate transactions are transparent, duly filed with all agencies concerned. We have never used the law to duck from responsibilities or obligations. That the cases lodged against us were based on our corporate filings is the best proof of our transparent processes as a business and as a media organization.

Ressa: It’s hard to gauge public reaction when exponential lies laced with anger and hate spread faster than facts.

They astroturf the government’s narrative and coordinated attacks against alternative views help create a bandwagon effect.

The end goal is to cripple any beliefs in institutions — journalists and newsgroups are systematically attacked — so there is no challenge to president Duterte’s powerful voice. This is a case study of how democracies around the world are being destroyed: without facts, you can’t have truth. Without truth, there is no trust.

Without these, there is no public sphere, no public discussion, only one narrative. Many questions have also been raised about statistical surveys in a climate of fear — the interviews are done in the homes of respondents, after all.

How does this legal battle affect Rappler’s fact-checking unit? Have you changed anything?

Mendoza: No. The cases have not affected our fact checking efforts.

We believe it is important that we keep fact-checking, and we will continue doing this. We did, however, heighten security protocols for our staff.

Therapy sessions are offered to those who need them. But we are fortunate to have attracted to our team young idealistic journalists who want to make a difference.

How much digital hate speech and threats does Rappler’s team get?
Mendoza: It’s really difficult to explain how much digital hate and threats the team gets. Suffice to say we stopped counting manually and have turned to big data analysis so we can have a record of what is happening and make sense of it.

We draw our strength from those who have taken to defending Rappler online.

What is the best and the worst scenario ahead for Rappler? How do you picture the future?
Gloria: The best scenario is happening now: that Rappler is able to survive all the attacks against it, that it is able to thrive in the way it tells the nation’s stories, that it is able to rethink the future as it continues to retool itself so that it can help shape — and not just be a witness to — the fast-changing, chaotic journalism and economic environment globally.

The worst-case for Rappler is when the Philippines completely runs out democratic space.

That’s the worst-case not just for Rappler but for all Filipinos. I see a future of pushbacks as far as that is concerned. Incremental steps of taking democracy — and our hard-won freedoms — back.

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Embattled Filipino journalist makes an appeal to Filipino Americans

PBS

Maria Ressa was interviewed by the Public Broadcasting System

One of the Philippines' most respected journalists, Maria Ressa, appealed to Filipino Americans to do what they can to help the cause of freedom and democracy in the Philippines.

A letter to the Malaya Movement, a U.S.-based organization, from Rappler CEO and chief editor Ressa was read to the Filipino Americans observing the 33rd anniversary of People Power, when Filipinos rose up to topple the brutal regime of dictator Ferdinand Marcos in a bloodless revolution.

Ressa has been targeted by Philippine Preisdent Rolando Duterte for printing unflattering news about some of his policies, especially the deadly war against alleged drug dealers that has resulted in vigilante killings, and exposing the lies of the administration.

It was after Duterte’s election in 2016, when the news website Rappler exposed the pro-Duterte online “troll army” – who were pushing out fake news stories and manipulating the narrative around his presidency – that the online news site began to feel pressure from the administration. 

Ressa, an award-winning journalist from Philippines, was arrested Feb. 13 on charges of “cyber libel” that carries a 12-year prison sentence. Her arrest was followed by international condemnation, and she was released on bail the following day after she had spent the night in detention at the National Bureau of Investigation in Manila.

Following is Ressa's letter to Filipino Americans. In it, she references the "Davao Death Squads" which were responsible for hundreds of extrajudicial executions when Duterte was mayor of Davao; and the color "yellow," which is associated with People Power:

“Thank you so much for keeping an eye on what’s happening in the Philippines.

"I had always thought that being Filipino American meant that we can learn and get the best from two worlds, but increasingly, we are seeing a government propaganda machine demonizing that identity — of course, regardless of the reality of the strong ties between Filipinos and Americans. In social media, I am now being portrayed as an American out to overthrow the government. It’s ludicrous, but it’s clear where it’s headed. After all, this propaganda machine turned the Davao Death Squad into Duterte Die-hard Supporters and effectively demonized the color yellow.

"Disinformation has global reach. When President Trump called the New York Times and CNN “fake news,” a week later, President Duterte called Rappler “fake news.” Disinformation has gotten so bad that my former college classmate in the United States called me up last week asking me if I was really Indonesian! (all because that was falsely used by a troll to question my right to hold the Philippine government accountable for its abuse of power).

"The Philippines is now the tip of the arrow in a global fight for democracy – from the weaponization of social media against perceived enemies like journalists to weaponizing the law against Sen Leila de Lima, former Supreme Court Chief Justice Maria Lourdes Sereno, Sen Antonio Trillanes – and most recently, me.

"My arrest and detention was meant to send a signal that was articulated by an NBI agent to one of our young reporters livestreaming the video of my arrest: Be quiet … or you’re next. Fear in our society is real – from the brutality of the drug war to the targets of selective justice. It permeates social media and our reality. Our institutions are crumbling.

“On the anniversary of the ousting of a dictator, it feels like we’re going back to the future. Let’s not allow historical revisionism to win. Help us #HoldTheLine.”

Members of the Malaya Movement say the extrajudicial killings attacks on press freedom in the Philippiness are reminiscent of Marcos unconstitutional power grab. In April, they plan to visit Congressional representatives in Washington D.C. to lobby for an end to American military aid send to the Duterte regime, a strategy used by the Filipino American community to put pressure on Marcos' dictatorship more than three decades ago.

Ressa, who was born in the Philippines, became an American citizen in 1973. She was one of the journalists that Time Magazine named as Persons of the Year for 2018.

“I’m going to challenge the process and I’m going to challenge the charges,” Ressa said last year. “I will continue to hold the government accountable.”

“I think the biggest problem that we face right now is that the beacon of democracy, the one that stood up for both human rights and press freedom—the United States—now is very confused,” Ressa told Time. “What are the values of the United States?”

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Journalists, human rights activists condemn the arrest of Filipina editor

SSCREEN CAPTURE

Filipina journalist Maria Ressa answers reporters' questions after she was released.

Journalists around the world were troubled by the arrest of Philippine journalist Maria Ressa, executive editor and founder of critical news website Rappler.

Human rights groups were joined by journalists' organizations including the Asian American Journalists Association and the Committee to Protect Journalists.

"The arrest of Maria Ressa is an outrage," said CPJ Board Chair Kathleen Carroll. "The Philippines government needs to cease its multi-pronged attack on Rappler, its talented leader, and its brave staff."

Ressa was recently featured on the 2018 TIME Magazine’s Person of the Year cover and is a world-renowned advocate for press freedom.

“I’ve been a war zone correspondent, I’ve planned coverage when one side is shooting against the other side,” the 55-year old told TIME in New York a few days before she returned to the Philippines. “That is easy compared to what we’re dealing with now.”

Rappler has been critical in its coverage of Philippine President Rodrigo Duterte, whose administration has alarmed human rights advocates for corruption and a brutal drug war, and under which police and soldiers have suppressed press freedom and political participation. The particular charge refers to a 2012 story covering the then-Phillippine Supreme Court chief justice’s impeachment trial.

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Rupert Colville, spokesperson of UN Rights chief Michelle Bachelet, relayed in a message that the arrest “appears to be the latest element in a pattern of intimidation of a media outlet that has fiercely guarded its independence and its right to conduct in-depth investigations and to criticize the authorities.”

Ressa was arrested on Feb. 13 and stayed the night at the National Bureau of Investigation after the Pasay City Regional Trial Court refused to process her bail. After posting bail the next day, she was released.

The board of directors of the CPJ passed the following resolution in support of Ressa, who posted bond and was released the next day.

"Freedom of the press is an essential pillar of democracy and human rights. The arrest in the Philippines of Maria Ressa, founder and executive editor of the news website Rappler, is an alarming development and spark memories of the dictatorship of Ferdinand Marcos. The first thing the Filipino strongman did was to seize the newspapers and television stations and arrested journalists.

"CPJ's board strongly condemns her arrest and calls on the government to immediately release Ressa, drop all charges against her and Rappler, restore official press credentials to Rappler's reporters, and cease its campaign of harassment."

The Asian American Journalists Association governing board released the following statement:

"The Asian American Journalists Association (AAJA) is closely monitoring the judicial proceedings in the Philippines against long-time journalist and award-winning reporter Maria Ressa. Ressa is the CEO and founder of Rappler.com, 2018 Time Person of the Year and recent awardee of the Press Freedom Award by the Committee to Protect Journalists.

"AAJA calls on the government of Philippine President Rodrigo Duterte to provide fair, honest and due process to Maria Ressa after her early-December arrest linked to allegations of tax evasion, which she has denied.

"The support of press freedom in the U.S. and around the world, in addition to the support and respectful treatment of journalists who hold governments accountable for their actions, are inherent to AAJA's core principles and mission."

Ressa, a veteran editor and former CNN journalist, was arrested on charges of cyber libel for a story published in 2012 about local businessman Wilfredo Keng. The move is the latest in a series of attempts by the government to silence the critical news outlet, according to CPJ research.

CPJ honored Ressa with the 2018 Gwen Ifill Press Freedom Award at its annual International Press Freedom Award ceremony in New York City in November. CPJ board member Sheila Coronel presented the award.

Amnesty International (AI) Philippines condemned Ressa’s arrest, calling it “brazenly politically motivated” and urged Philippine authorities to end the harassment, drop the charges, and repeal the “repressive law.”

“In a country where justice takes years to obtain, we see the charges against Maria Ressa railroaded, and the law being used to relentlessly intimidate and harass journalists for doing their jobs as truth-tellers,” AI said.

Human Rights Watch said the political attacks on Rappler demand a global response. “Governments concerned about the thousands killed in the ‘drug war’ and the media’s ability to report on this and other abuses need to publicly demand Ressa’s release and the dropping of all charges.”
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