MANILA - An online news platform critical of Philippine President Rodrigo Duterte on Monday asked the Court of Appeals to set aside the corporate regulator's decision to revoke its license, invoking freedom of the press.
The Securities and Exchange Commission (SEC) has ruled that news website Rappler (www.rappler.com) violated foreign equity restrictions on domestic media because it "sold control to foreigners", a decision Rappler contested.
The SEC said its decision had not become final, allowing Rappler to continue business, pending a court challenge within 15 days.
"The SEC's real purpose in going after Rappler and Rappler Holdings Corporation is to silence them and muzzle freedom of speech," the firm told the court, asking for the ruling to be set aside as the "state has acted with tyranny by putting them out of business".
It added, "Rappler is being made to pay the ultimate price for exercising the freedom of the press."
Rappler's lawyer, Francis Lim, said it hoped the case "will ultimately be decided for the interest of the country".
"Our petition raises legal issues that have far-reaching implications on business and press freedom," Lim said, adding the SEC decision "has a chilling effect on business" and could be disastrous to government efforts to attract foreign capital.
The online news platform said no foreigner had exercised control, whether direct or indirect, over it, adding that the SEC had violated its own rules by denying Rappler due process.
Rappler said it was not informed about the decision by a special investigation panel of the regulator and was surprised by the January 11 decision revoking its licence.
SEC head Teresita Herbosa welcomed Rappler's court challenge. "It's their right," she said in a text to Reuters.
A U.N. rapporteur and journalists' groups in the Philippines and abroad have expressed concern over the SEC's decision, calling it an assault on the freedom of the press.
Duterte's spokesman Harry Roque said the issue was distant from questions about press freedom, as Rappler used "deceptive schemes" to raise funds. He also denied any political pressure on the SEC to target the president's critics.
Rappler has repeatedly drawn the ire of Duterte, who called it a "fake news outlet" after it said his closest aide, Bong Go, had intervened in a naval frigate project. (Reporting by Manuel Mogato and Neil Jerome Morales; Editing by Clarence Fernandez)
source: news.abs-cbn.com
MANILA - An information technology law expert on Saturday said online news publication Rappler may not be cited for an alleged violation of the Cybercrime Prevention Act of 2012 for an incident that happened months before it was signed into law.
Lawyer JJ Disini, a University of the Philippines College of Law professor, said a law may not apply on an alleged crime committed before it took effect.
"Ang hirap kasi d'yan, parang gumagawa sila ng batas para may kaso silang mai-file sa Rappler," said Disini said.
"Parang gumagawa sila ng bagong teorya ng batas para ma-filan nila ng case 'yung Rappler. Hindi ganun ka-solid 'yung case nila," said Disini.
On Thursday, the National Bureau of Investigation (NBI) summoned Rappler
CEO Maria Ressa and the site's former justice beat reporter Reynaldo
Santos Jr. to appear before its Cybercrime Division on Monday.
This as the NBI investigated a complaint filed by Century Peak president Wilfredo Keng against Rappler for an article published in May 2012.
In that article, Rappler reported that Keng allegedly lent a car to the late former Chief Justice Renato Corona. Corona allegedly used the car even while one of Keng's companies supposedly had a pending case in a lower court, the news site reported.
Keng had denied that Corona was using his car.
The complaint invoked provisions of the Cybercrime Prevention Act, which was signed into law on September 22, 2012, months after the publication of the Rappler report that Keng had found offensive.
Disini also cited the prescription period in filing criminal cases.
"Dapat one year lang, di ba? Dapat 2013 siya nag-file," Disini said.
The NBI meanwhile cited the theory of "continuous publication," making Rappler still liable for the crime.
The NBI investigation of Keng's complaint came shortly after the Securities and Exchange Commission revoked Rappler's incorporation papers, citing its alleged violation of foreign ownership regulations under the 1987 Constitution.
Rappler has asserted that it "remains 100-percent Filipino-owned" despite having foreign investors and slammed the SEC ruling as an assault on press freedom.
--With report from Michael Delizo, ABS-CBN News
source: news.abs-cbn.com
Online news site Rappler is crying harassment after it was ordered closed by the corporate regulator Securities and Exchange Commission (SEC).
In a decision released by the SEC en banc, it found Rappler Inc., a mass media entity, liable for violating the constitutional and foreign equity restrictions in mass media.
Rappler CEO Maria Ressa, in a press conference, said the SEC ruling did not go through due process.
"They didn't go through due process. The en banc, essentially, issued an order to shut us down without giving us the opportunity to respond to what the special panel found. It wasn't a normal process," she said.
She also believes that the recent decision is the final step in the harassment that journalists are facing under the Duterte administration.
"I guess this is the last part of the kind of harassment that journalists have had in the last year or so. In Rappler, it began a year and a half ago," Ressa said.
"We stand tall. We stand firm. It's good. This is a moment we say we stand for press freedom," she said.
Ressa added that they will fight the decision and bring it to court.
"What we will do is prepare to fight. Our lawyers are preparing our next step."
Presidential spokesperson Harry Roque denied that the administration is harassing the press, and urged Rappler to comply with the law.
"The Constitution sets restrictions on the ownership and management of mass media entities to which all must abide," Roque said.
"The issue at hand is the compliance of 100% Filipino ownership and management of mass media. It is not about infringement on the freedom of the press.
"No one is above the law. Rappler has to comply."
Meanwhile, the Foreign Correspondents Association of the Philippines (FOCAP) and the Movement Against Tyranny (MAT) expressed their support for Rappler.
FOCAP said the SEC decision against Rappler "sends a chilling effect to media organizations in the country."
"Journalists must be able to work independently in an environment
free from intimidation and harassment. An assault against journalists is
an assault against democracy," the group said in a statement.
MAT, likewise, warned the public that the decision versus Rappler is
"a preview of what's in store for media under an openly-fascist Duterte
dictatorship."
"Media outlets would be slapped with questionable cases, their
registration revoked and accreditation taken back — simply because
Duterte and his DDS media network perceive them as critical of the
regime," the group said in a Facebook post.
The National Union of Journalists in the Philippines (NUJP) also expressed its support for Rappler.
Meanwhile, both supporters and critics of Rappler took to social media to express their views on the controversy.
While there are some who warned against a possible crackdown on news
organizations, some supported the move against Rappler, accusing the
news site of espousing "fake news."
Rappler is one of several news organizations that has earned the ire
of President Rodrigo Duterte for critical reporting on issues hounding
his administration, including the bloody war on drugs.
Late last year, Rappler launched a fund drive asking supporters to
help them "stay free and independent of political pressure and
commercial interests."
The campaign has collected P1.175 million in nearly 4 months.
source: news.abs-cbn.com
