Maria Ressa, a former CNN bureau chief and one of four journalists named Time’s Person of the Year in 2018, has today been given a sentence of up to six years in prison by a Filipino court, under a cyber libel law that didn’t even exist when the article in question was published.
Her journalism has been about fighting for the right to criticise power, and to hold her government to account.
Ressa is one of four journalists named Time’s Person of the Year in 2018. Ressa and her co-defendent Reynaldo Santos were found guilty of cyber libel at the Manila Regional Trial Court.
Ms Ressa was sentenced to a minimum of 6 months and a maximum of 6 years imprisonment and granted bail pending appeal. A fine of approximately $8,000 (P400,000) was also imposed.
Index on Censorship and English PEN condemn this decision which is part of a campaign to silence dissenting voices in the Philippines.
“This campaign is a frightening indictment of the pressures on journalists to stop reporting. We call on those who care about media freedom globally to stand up and take notice. This is not just about one journalist in one place, this has significance for journalism everywhere as part of a trend where we see reporters put under enormous pressures to stop covering stories” said Rachael Jolley, Index editor-in-chief.
Daniel Gorman, director of English PEN, said: “Today is a terrible day for those who care about freedom of expression and a free press, in the Philippines and across the world. This judgement aims to intimidate journalists and writers working across the Philippines. English PEN stands with Maria Ressa, and calls for the government of the Philippines to drop these spurious charges immediately.”
Through the past few years Index and English PEN has worked to bring attention to escalating restrictions on media freedom in the Philippines. Ressa and her team have written for Index on Censorship magazine, and Ressa was a judge at the annual Index on Censorship awards.
Seven further cases remain pending against Ms Ressa. The cases against Ms Ressa, which allege illegal foreign media ownership of her news site and alleged tax offences, are equally spurious, and an act of retaliation by the current administration against her reporting.
Reporting by the Rappler website, which Ressa co-founded as CEO, has exposed corruption and abuses, including the execution of thousands of Filipinos in the name of a war on drugs.
On behalf of her legal team, Amal Clooney said of today’s verdict: “Today a court in the Philippines became complicit in a sinister action to silence a journalist for exposing corruption and abuse. This conviction is an affront to the rule of law, a stark warning to the press, and a blow to democracy in the Philippines. I hope that the appeals court will set the record straight in this case.”
The National Union of Journalists of the Philippines has characterised the cases against Ms Ressa as an act of “persecution” by a “bully government.”
English PEN and Index on Censorship calls for the government of the Philippines to drop their cases against Maria Ressa and her co-defendants. We stand with them, along with all writers standing for a free media in the Philippines.
This statement is signed and supported by other organisations including:
The problem: gag lawsuits against public interest defenders
The EU must end gag lawsuits used to silence individuals and organisations that hold those in positions of power to account. Strategic Lawsuits Against Public Participation (SLAPP) are lawsuits brought forward by powerful actors (e.g. companies, public officials in their private capacity, high profile persons) to harass and silence those speaking out in the public interest. Typical victims are those with a watchdog role, for instance: journalists, activists, informal associations, academics, trade unions, media organisations and civil society organisations.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”3/4″][vc_column_text]Recent examples of SLAPPs include PayPal suing SumOfUs for a peaceful protest outside PayPal’s German headquarters; co-owners of Malta’s Satabank suing blogger Manuel Delia for a blog post denouncing money laundering at Satabank; and Bollore Group suing Sherpa and ReAct in France to stop them from reporting human rights abuses in Cameroon. In Italy more than 6,000 or two-thirds of defamation lawsuits filed against journalists and media outlets annually are dismissed as meritless by a judge. When Maltese journalist Daphne Caruana Galizia was brutally killed, there were 47 SLAPPs pending against her.
(Index has recently published a comprehensive review of the laws being used to silence journalists – click on the report cover to the right to read it.)[/vc_column_text][/vc_column][vc_column width=”1/4″][vc_single_image image=”113782″ img_size=”full” onclick=”custom_link” img_link_target=”_blank” link=”https://www.indexoncensorship.org/campaigns/the-laws-being-used-to-silence-media/”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]SLAPPs are a threat to the EU legal order, and, in particular:
● A threat to democracy and fundamental rights. The EU is founded on the rule of law and respect for human rights. SLAPPs impair the right to freedom of expression, to public participation and to assembly of those who speak out in the public interest, and have a chilling effect on the exercise of these rights by the community at large.
● A threat to access to justice and judicial cooperation. Cross-border judicial cooperation relies on the principles of effective access to justice across the Union and mutual trust between legal systems. That trust must be based on the legally enforceable upholding of common values and minimum standards. To the extent that they distort and abuse the system of civil law remedies, SLAPPs undermine the mutual trust between EU legal systems: member states must be confident that rulings issued by other member states’ courts are not the result of abusive legal strategies and are adopted as the outcome of genuine proceedings.
● A threat to the enforcement of EU law, including in connection to the internal market and the protection of the EU budget. The effective enforcement of EU law, including the proper
functioning of the internal market, depends on the scrutiny of the behaviour of individual entities by the EU, member states and – crucially – informed individuals. Watchdogs, be it media or civil society actors, play a key enforcement role. Therefore, the absence of a system which safeguards public scrutiny is a threat to the enforcement of EU law. The same reasoning applies to the management of EU programmes and budget, which cannot be monitored through the sole vigilance of the European Commission.
● A threat to freedom of movement. The absence of rules to protect watchdogs from SLAPP has an impact on the exercise of the Treaty’s fundamental freedoms, since it affects the ability of media, civil society organisations and information services providers to confidently operate in jurisdictions where the risk of SLAPPs is higher, and discourages people from working for organisations where they can be the target of SLAPPs.
The solution: an EU set of anti-SLAPP measures
The EU can and must end SLAPPs by adopting the following complementary measures to protect all
those affected by SLAPPs:
1. An anti-SLAPP directive
An anti-SLAPP directive is needed to establish a Union-wide minimum standard of protection against SLAPPs, by introducing exemplary sanctions to be applied to claimants bringing abusive lawsuits, procedural safeguards for SLAPP victims, including special motions to contest the admissibility of certain claims and/or rules making the burden shifting to the plaintiff to demonstrate a reasonable probability of succeeding in such claims, as well as other types of preventive measures. The Whistle-Blower Directive sets an important precedent protecting those who report a breach of Union law in a work-related context. Now the EU must ensure a high standard of protection against gag lawsuits for everyone who speaks out – irrespective of the form and the context – in the public interest.
The legal basis for an anti-SLAPP directive is to be found in multiple provisions of the Treaty; for example, Article 114 TFEU on the proper functioning of the internal market, Article 81 TFEU on judicial cooperation and effective access to justice and Article 325 TFEU on combating fraudrelated to EU programmes and budgets.
2. The reform of Brussels I and Rome II Regulations
Brussels I Regulation (recast) contains rules which grant claimants the ability to choose where to make a claim. This must be amended to end forum shopping in defamation cases, which forces defendants to hire and pay for defence in countries whose legal systems are unknown to them and where they are not based. This is beyond the means of most and falls foul of the principles of fair trial and equality of arms.
Rome II Regulation does not regulate which national law will apply to a defamation case. This allows claimants to select the most favourable substantive law and therefore leads to a race to the bottom. Today, victims may be subject to the lowest standard of freedom of expression applicable to their case.
3. Support all victims of SLAPPs
Funds are needed to morally and financially support all victims of SLAPPs, especially with legal defence. Justice Programme funds should be used to train judges and practitioners, and a system to publicly name and shame the companies that engage in SLAPPs, for example in an EU register, should be created.
Finally, the EU must ensure that the scope of anti-SLAPP measures include everybody affected by SLAPPs, including journalists, activists, trade unionists, academics, digital security researchers, human rights defenders, media and civil society organisations, among others.
This paper was signed by the following 116 organisations Abalone Alliance Safe Energy Clearinghouse Access Info Europe Access Now ActionAid International Adéquations Amigas de la Tierra Amis de la Terre France ANTICOR ARTICLE 19 Association Justice and Environment, z.s. Bruno Manser Fonds Terre Solidaire (CCFD) CEE Bankwatch Network Centre for Free Expression Citizens Network Watchdog Poland Civil Liberties Union for Europe Civil Rights Defenders Civil Society Europe Clean Air Action Group (Hungary) Committee to Protect Journalists Common Weal Consumer Association the Quality of Life (EKPIZO) Corporate Europe Observatory Defend Democracy European Digital Rights (EDRi) Electronic Frontier Foundation Environmental Partnership Association ePaństwo Foundation Environmental Paper Network International (EPN) Estonian Forest Aid / Eesti Metsa Abiks ETC Group Eurocadres / Council of European Professional and Managerial Staff European Center for Not-for-Profit Law European Centre for Press and Media Freedom European Civic Forum European Coalition for Corporate Justice European Coordination Via Campesina European Environmental Bureau (EEB) European Federation of Journalists European Federation of Public Service Unions (EPSU) European Trade Union Confederation (ETUC) Fern Fitug Forest Initiatives and Communities Forum Ökologie & Papier FOUR PAWS International Free Press Unlimited Friends of the Earth Europe Friends of the Earth Nuclear Network Friends of the Siberian Forests Fundacja Otwarty Plan Fundacja Strefa Zieleni Global Justice Ecology Project GM Watch Gong Government Accountability Project Green Light Foundation Greenpeace EU Unit Homo Digitalis IFEX Index on Censorship Institute for Sustainable Development Institute of Water Policy International Corporate Accountability Roundtable (ICAR) International Press Institute (IPI) Iraqi Journalists Right Defence Association JEF Europe Jordens Vänner Journalismfund.eu Justice Pesticides Legal Human Academy Maison des Lanceurs d’Alerte Mighty Earth Milieudefensie / Friends of the Earth Netherlands MultiWatch NGO Neuer Weg NGO Shipbreaking Platform Nuclear Consulting Group Ending Gag Lawsuits in Europe – Protecting Democracy and Fundamental Rights 4 Nuclear Transparency Watch OGM dangers On ne se taira pas (We will not remain silent) Osservatorio Balcani e Caucaso Transeuropa PEN International Polish Ecological Club Mazovian Branch Polish Ecological Club Pomeranian Branch Polish Institute for Human Rights and Business Protection International RECLAIM Reporters Without Borders Rettet den Regenwald e.V. Salva la Selva Sciences Citoyennes Sherpa Society for Threatened Peoples Switzerland SOLIDAR SOMO Stowarzyszenie Ekologiczno-Kulturalne Wspólna Ziemia / Common Earth SumOfUs The Daphne Caruana Galizia Foundation The Ethicos Group The Good Lobby The Signals Network Transnational Institute Transparency International EU Umweltinstitut München e.V. Vouliwatch Vrijschrift vzw Climaxi Chceme zdravú krajinu / We want a healthy country WeMove Europe Whistleblower Network Germany Whistleblowing International Network (WIN) WildLeaks / Earth League International Women Engage for a Common Future (WECF) XNet Zielone Wiadomości[/vc_column_text][/vc_column][/vc_row]
Index calls for the immediate release of Lina Attalah, the editor and co-founder of the Egyptian news website Mada Masr, one of the few independent news outlets in the country to offer an alternative narrative to government-controlled media.
Attalah was arrested outside Tora prison while attempting to interview the mother of Egyptian blogger and political activist Alaa Abd El Fattah, who had been arrested in September 2019 after writing a critical column in Mada Masr. He is currently on hunger strike protesting his pretrial detention conditions.
Rachael Jolley, editor-in-chief of Index on Censorship, said: “Lina was doing her job and reporting on a climate of crackdown and fear in Egypt right now, where news coverage happens under extreme pressure. We call on the international community not to ignore what is going on in Egypt.”
Freedom of expression is coming under increasing attack in Egypt and media critical of the government of president Abdel Fattah el-Sisi face huge challenges in doing their important work.
We know that in times of crisis media attacks often increase – just look at what happened to journalists after the military coup in Egypt in 2013 and the failed coup against Recep Tayyip Erdogan in Turkey in 2016. The extent of the current attacks, in democratic as well as authoritarian countries, has been a shock.
Our network of readers, correspondents, Index staff and our partners at the Justice for Journalists Foundation have helped collect the more than 150 reports media attacks.
But these incidents are likely to be the very tip of the iceberg. When the world is in lockdown, finding out about abuses of power is harder than ever. Journalists are struggling to do their job even before harassment. How many more attacks are happening that we don’t yet know about? It’s a scary thought.
Rachael Jolley, editor-in-chief of Index on Censorship, said: “We are alarmed at the ferocity of some of the attacks on media freedom we are seeing being unveiled. In some states journalists are threatened with prison sentences for reporting on shortages of vital hospital equipment. The public need to know this kind of life-saving information, not have it kept from them. Our reporting is highlighting that governments around the world are tempted to use different tactics to stop the public knowing what they need to know.”
Index is alarmed that the attacks are not coming from the usual suspects. Yes, there have been plenty of incidents reported in Russia and the former Soviet Union, Turkey, Hungary and Brazil. At the same time there have been many incidents in countries you would not expect to see – Spain, New Zealand, Germany and the UK.
The most common incident we have recorded on the map are attacks on journalists – whether physical or verbal – and cases where reporters have been detained or arrested. There have been more than 30 attacks on journalists, with the source of many of these being the US President Donald Trump. He has a history of being combative with the press and decrying fake news even where the opposite is the case and the crisis has seen a ramped up attempt at excluding the media. During the crisis, he has refused to answer journalists’ questions, attacked the credentials of reporters and walked out from press conferences when he doesn’t like the direction they are taking.
Although the map does not tell the whole story it does act as a record of these attacks. When this crisis is finally all over, it will allow us to ask questions about why these attacks happened and to make sure that any restrictions that have been introduced are reversed, giving us back our freedom.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_btn title=”Report an incident” shape=”round” color=”danger” link=”url:https%3A%2F%2Fforms.gle%2Fhptj5F6ZvxjcaGLa7|||” css=”.vc_custom_1589455005016{border-radius: 5px !important;}”][/vc_column][/vc_row]