DOJ indicts Rappler for cyber libel

The Department of Justice (DOJ) has indicted Rappler, news website president Maria Ressa and former reporter Reynaldo Santos Jr. for cyber libel over an article published in 2012, which linked businessman Wilfredo Keng to criminal activities.

In a ruling dated Jan. 10 but released only on Monday, DOJ investigating prosecutors led by Senior Assistant State Prosecutor Edwin Dayog found probable cause in the complaint filed by the National Bureau of Investigation and Keng for violation of Republic Act 10175 or the Cybercrime Prevention Act in March last year.

Published in May 2012, the article written by Santos cited an “intelligence report,” saying Keng had been under surveillance for his alleged involvement in human trafficking and drug smuggling.

The DOJ rejected the defense of the respondents that they could not be held liable under RA 10175, which was signed in September 2012 or four months after the article was posted on the news website.

The DOJ noted that the updated version of the article, which was posted by Rappler on Feb. 19, 2014, was covered by the law.

The DOJ also rejected the defense of the respondents that the complaint should be dismissed because of the one-year prescription period on libel cases, saying such rule does not apply to cyber libel.

The complaints against former and incumbent Rappler board members Manuel Ayala, Nico Jose Nolledo, Glenda Gloria, James Bitanga, Felicia Atienza and Dan de Padua as well as former corporate secretary Jose Maria Hofileña were dismissed for lack of evidence.