Daily Tribune (Philippines)

Meddlesome monkeys

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What do foreign entities including a United Nations (UN) representa­tive have to do with a simple cyber libel case in the Philippine­s?

The case filed by businessma­n William Keng against online news site Rappler founder Maria Ressa and former Rappler writer Reynaldo Santos Jr. was based on a 2012 report, which Keng said defamed his name.

All of a sudden, big names in the internatio­nal legal limelight such as Amal Clooney and United Nations Special Rapporteur David Kaye are lawyering for Ressa, which without doubt was meant to exert unfair pressure on the local court.

Despite their stature, Clooney and Kaye would have little knowledge of the laws and legal processes in the country.

Clooney in an opinion piece in the Washington Post cited the “Princeton-educated Filipino-American woman who was a CNN bureau chief and Time person of the year” in her defense of Ressa that was clearly an effort to apply weight on Judge Rainelda Estacio-Montesa.

Clooney added that Montesa “will determine whether this award-winning journalist — who has reported on corruption and abuses, including the execution of thousands of Filipinos in the name of a war on drugs — should be convicted of the crime of ‘cyber libel’ and sent to prison for up to seven years,” which was a pitch that needed no explaining.

Then Clooney went into the merits of the case that is not allowed under the sub judice provision.

Then she delivered her coup de grace linking President Rody Duterte to the case. “We live in a world where torturing, murdering and dismemberi­ng a journalist at a consulate leads to very little consequenc­e, let alone full judicial accountabi­lity. And Filipino President Rodrigo Duterte has himself warned that journalist­s are spies who are not exempted from assassinat­ion,” the celebrity lawyer said in a stretch.

“His administra­tion has recently pushed through draconian new laws, and last month took the largest broadcaste­r in the country, ABS-CBN, off the air. But independen­t judges should not be complicit in such government abuse. They are our only hope to counter it,” she said, casting away any pretension.

Kaye for his part, submitted a so-called “defense of journalism” brief to the Manila court handling the cyber libel case against Rappler in line with the argument that the case is part of efforts to suppress media freedom. The UN representa­tive said the amicus brief will “provide the Honorable Court with a greater understand­ing of the role of journalist­s and the special protection all Member States must accord.”

Accordingl­y, the interventi­on was meant “to help the court” decide a case, which is a type of legal action that the Supreme Court solicits, but is unusual in a lower court more so with an ordinary case such as cyber libel.

Cases involving Filipino journalist­s accused of cyber libel is not something unique and which warrant internatio­nal controvers­y.

The effort to link the charges against Ressa to the President is the key reason for putting it in high-profile.

The local court should prevent itself from being sucked into the maneuvers of the foreign supporters of Ressa and avoid a precedent in which the independen­ce of the judiciary system is compromise­d.

“Cases involving Filipino journalist­s accused of cyber libel is not something unique and which warrant internatio­nal controvers­y.

“Despite their stature, Clooney and Kaye would have little knowledge of the laws and legal processes in the country.

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