Executives and staff of online news outfit Rappler on Wednesday asked the Department of Justice to dismiss the cyber libel complaint filed against them by the National Bureau of Investigation and businessman Wilfredo Keng.
Rappler chief executive officer Maria Ressa denied the allegations in the counter-affidavit, which she subscribed before the DoJ last Tuesday afternoon and which was submitted by her lawyers during the preliminary investigation hearing.
In her response, Ressa argued that she cannot be charged with cyber libel because the cybercrime law was not yet in effect when the story was published on May 29, 2012.
The Cybercrime Law was signed into law on Sept. 12, 2012, and took effect only on Oct. 3, 2012, or 15 days after the law was published as required by law. The law took effect more than four months after the story was published.
The respondent also argued that she could not be held liable for the article, citing the failure of the complainants to allege her participation in writing and editing of the article.
Ressa pointed out that as executive editor and CEO, she manages “the technical and commercial aspects of our business” and “most articles posted by our journalists are not subject to my review.”
“For a person to be guilty of a crime, he must commit that crime himself or he must, in some manner, participate in its commission or in the fruits thereof. In this case, I did not in any manner participate in the writing, editing, or publishing of the alleged libelous article,” read her counter-affidavit.
Besides, Ressa argued that the case could no longer be pursued because the prescription period for the filing of libel case of one year under the Revised Penal Code has already lapsed.
“Since it has already been more than five [5] years after the said article was published and almost three [3] years after it was updated, and to date, no complaint has been filed with any prosecutor with regard to the publication of the said article, then it is obvious that the crime of libel has already been totally extinguished by prescription,” she said.
In an interview, Ressa branded the complaint as a harassment suit. “They [prosecutors] should be doing the due diligence so that they don’t publicly malign anyone or subject innocent people to public trials without any due process. So I’m glad to go through this process and hopefully have nuisance cases, harassment suits, dropped.”
Former Rappler reporter Reynaldo Santos Jr., who wrote the article against Keng, showed up during the hearing and also submitted his answer.
Rappler directors James Bitanga, Manuel Ayala, Nico Jose Nolledo, Glenda Gloria, Felicia Atienza, Dan Alber de Padua and Jose Maria Hofilena have also all sought the dismissal of the complaint for lack of probable cause.
The DoJ panel of prosecutors composed of Senior Assistant State Prosecutor Edwin Dayog and Assistant State Prosecutors Florencio dela Cruz and Jeanette Dacpano set the next hearing for May 18 for submission of reply by the complainants.
The respondents have been accused of committing libel under Section 4, paragraph (c), sub-paragraph (4) of Republic Act 10175, the Cybercrime Prevention Act of 2012.
The complaint filed by Wilfredo Keng for violation of the Cybercrime Law stemmed from the article “CJ using SUVs of ‘controversial’ businessmen” that Rappler published on May 29, 2012.
Rappler reported that the late former Chief Justice Renato Corona, who was then facing an impeachment trial, had been using a black SUV whose plate number was allegedly issued to Keng.
The news website also reported about Keng’s alleged involvement in human trafficking and smuggling.
Rappler executives, particularly Ressa and Bitanga, are facing separate charges of tax evasion before the DoJ.
The Bureau of Internal Revenue accused them of non-payment of about P133.8 million in taxes.
In the hearing last Tuesday, they were given until May 7 to submit their answer to the BIR complaint.