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Rappler's @lianbuan tweets portions of the 37-page decision of Judge Rainelda Estacio-Montesa in convicting Maria Ressa and Reynaldo Santos Jr of cyber libel charges, sentencing them to 6 mos 1 day up to 6 years. They are entitled to post-conviction bail under same bond.
@lianbuan 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. | via @lianbuan
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. | via @lianbuan
@lianbuan 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. | @lianbuan
@lianbuan 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. @mariaressa said this may have impact on investigative reporting where sources are confidential. | via @lianbuan
@lianbuan 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. | via @lianbuan
@lianbuan 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. #HoldTheLine #CourageON | via @lianbuan
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. | via @lianbuan
@lianbuan Here is the dispositive portion. #HoldTheLine #DefendPressFreedom #CourageON | via @lianbuan
@lianbuan 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.
@lianbuan @TedTe 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. | via @lianbuan
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