The Supreme Court (SC) has allowed United Nations Special Rapporteur (UNSR) on Freedom of Expression Irene Khan to intervene or act as an amicus curiae or “friend of the court” in the cyber libel case of Nobel Laureate Maria Ressa, co-founder and CEO of digital news site Rappler.
SC released its resolution upon receiving the amicus brief submitted by Khan. The UNSR visited the Philippines last month.
In her brief submitted through Atty. Rodel Taton, Khan said she is concerned about the Anti-Cybercrime Law, which fails to adequately protect the right to freedom of expression under Article 19 of the International Covenant on Civil and Political Rights.
Khan believes the Philippines’ Anti-Cybercrime Law limits a journalist’s ability to expose issues of public interest, thus violating the right to information.
“In particular, the Cybercrime Prevention Act raises serious concerns that it limits the ability of journalists to expose, document and address issues of important public interest, thereby violating the right to receive and impart information,” Khan’s briefer stated.
An amicus curiae or friend of the court is usually invited by the court to provide insights on a case, but Khan, being appointed by the UN Human Rights Council, has been accorded certain privileges and immunities to gather relevant information regarding violations of the right to freedom of opinion and expression.
The SC also allowed the filing of a brief “by way of special appearance” for Ressa by the International Bar Association’s Human Rights Institute through Atty. Maria Cristina Yambot.
Ressa’s cyber libel case is already pending before the High Court after the Court of Appeals affirmed the Manila Court’s decision. Ressa, together with former researcher Reynaldo Santos, Jr. were meted with a jail term from a minimum of six months and one day to a maximum of six years, eight months and 20 days.