The Manila Regional
Trial Court Branch 36 made it clear in its decision that the conviction of
Rappler’s Chief executive Officer (CEO) and Executive Director and one of its
former researcher Reynaldo Santos’ is not
an attack of press freedom by saying that the media should use its power responsibly.
The Manila RTC
found Ressa and Santos guilty of cyber libel for the article over a 2012
article concerning businessman Wilfredo Keng.
Judge Rainelda
Estacio-Montesa in her 37-page decision said there was no curtailmen tof press
freedom in declaring Rappler’s Ress and Santos guilty of cyber libel since a
free press must be responsible.
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| Rappler’s Chief executive Officer (CEO) and Executive Director Maria Ressa (photo credit to ABS-CBN News) |
“In this case, the
prosecution was able to establish the presence of all elements of cyberlibel,”
read the court ruling.
“The exercise of a freedom
should and must be used with due regard to the freedom of others. As Nelson
Mandela said ‘for to be free is not merely to cast off one’s chains but to live
in a way that respects and enhances the freedom of others’,” the decision read.
Among the elements of the
said crime, the RTC said the article showed malice since it was published “with
reckless disregard whether it was false or not.”
“In the present case,
Accused Santos Jr. Wrote the subject article sans verification as to the
veracity of the allegations stated therein. The article imputes various crimes
upon the person of Keng which was sufficiently proven during the trial to be
untrue. Thus, the Court is of the conclusion that accused Santos, Jr. did not
bother to verify with any law enforcement agency whether Keng is actually
involved in any of the aforementioned crimes before publishing the subject
article,” read the ruling.
The two personalities were found guilty
beyond reasonable doubt for violation the Cybercrime Prevention Act of 2012 and
sentenced the two to imprisonment ranging from six months and one day up to six
years.
Each of them were slapped
with P200,000 fine as moral damages and P200,000 as exemplary damages.
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