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I will be tweeting portions of the 37-page decision of Judge Rainelda Estacio-Montesa in convictiong Maria Ressa and Reynaldo Santos Jr of cyberlibel charges, sentencing them to 6 mos 1 day up to 6 years. They are entitled to post-conviction bail under same bond @rapplerdotcom
Judge Montesa affirmed that the update in 2014 constituted republication, which made the article fall under the Sept 2012 Cybercrime Law. Article was written May 2012, or before law, but a typo error (evasion spelled as evation) was corrected Feb 2014.
The Court did not accept Rappler's assertion that what was corrected was just a typo error, and faulted them for not presenting Rey Santos on the stand to testify that no substantial change was made on his article in 2014
Malice is an element of libel; court said if the subject is a public official then there is a high standard to prove malice to convict the author. But if the subject is a private person, malice is considered presumed. Court said Rappler did not show proof otherwise
The court faulted Rappler for "utter lack of verification." The court did not discuss whether Santos' reporting of a confidential, intel report is any factor at all. Maria Ressa said this may have impact on investigative reporting where sources are confidential.
The court faulted Rappler for not publishing Keng's side when they reached out in 2016 (4 yrs after story was published) and gave Rappler a PDEA certification clearing him. Court said that despite knowing that the article was "probably false," Rappler did nothing.
Rappler has always said Ressa had no participation at all in the story. Ressa is executive editor and CEO, not editor in chief. Court said that the difference in term was "a clever ruse to avoid liability of officers."
The court affirms that the prescription of cyber libel is 12 years. This means you can be sued for cyber libel within 12 years of publication.
Here is the final note that the clerk of court read. Parties agreed to read only dispositive but Judge Montesa wanted the final note to be read also. It is a note on free and responsible press.
Here is the dispositive portion.
Notes from court: Atmosphere was light. Soon as clerk of court recited from final note about responsible press, lawyers and reporters sensed it was going to be conviction. After dispositive, Atty @TedTe asked for grant of bail, prosecution did not contest, judge readily granted
Notes from court: While waiting, Ressa and Santos were chatting about their clothes. Ressa said her outfit was given to her by Cheche Lazaro; Santos said he got a haircut just for the promulgation.
The court had a divider so that the judge and the main lawyers are in one side, the gallery on the other. The clerk of court and the judge had microphones and there were speakers. The courtroom was small, but speakers helped to hear them through divider.
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