The Department of Justice has found probable cause to indict popular news website Rappler with cyber libel over an article it published about businessman Wilfredo Keng seven years ago or in 2012.
In an eight-page resolution, the DoJ recommended the indictment of Rappler, its chief executive officer and executive editor Maria Ressa, and its former reporter Reynaldo Santos Jr. for violating Section 4(c)(4) of Republic Act No. 10175, the Cybercrime Prevention Act of 2012.
“The publication complained of imputes to complainant Keng the commission of crimes. It is clearly defamatory,” the DoJ said.
“Under Article 354 of the Revised Penal Code, the DoJ pointed out “every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown,” it said.
The resolution was signed by Senior Assistant State Prosecutor Edwin Dayog and Assistant State Prosecutors Florencio dela Cruz Jr. and Jeanette Dacpano with the approval of acting Prosecutor General Richard Fadullon.
The case stemmed from the complaint of Keng regarding the May 29, 2012 online article written by Santos titled “CJ Using SUVs of Controversial Businessman.”
The article wrote that then Chief Justice Renato C. Corona was using a 2011 Chevrolet Subarban which was found registered to Keng whom Santos described as “shady” and involved in human trafficking and drug smuggling, among others.
Keng said Rappler turned down his request to take down the article which he found was updated and revised on Feb. 19, 2014.
For the part of the respondents, they argued they cannot be charged since RA No. 10175 was not yet in effect when the article was first published.
“While we agree with respondents that the first publication of the article on 29 May 2012 is not covered by the Cybercrime Act of 2012, considering that the law was promulgated only in September 2012, we cannot share the same view with respect to the 19 Feb. 2014 publication,” the DoJ explained.
On the other hand, the DoJ cleared the other respondents in the complaint, Rappler directors Manuel Ayala, Nico Jose Nolledo, Glenda Gloria, James Bitanga, Felicia Atienza, and Dan Alber de Padua.
“The other respondents may not be indicted, there being no showing of their participation in the commission of the offense or supervision or control over respondent Santos,” the DoJ said. (Jeffrey G. Damicog)
