Amal Clooney and Caoilfhionn Gallagher KC welcome Court of Appeals’ dismissal of shut-down order against Rappler
Amal Clooney and Caoilfhionn Gallagher KC, on behalf of the international legal team representing journalist and Nobel Laureate Maria Ressa, welcome the decision by the Philippines Court of Appeals setting aside a shut-down order issued against her news organisation Rappler by the Philippines Securities and Exchange Commission (SEC).
In its decision dated 23 July 2024, of which Rappler was notified on Friday 9 August 2024, the Court held that the SEC’s order was issued “with grave abuse of discretion, contravening established procedures, jurisprudential and legal instructions, and the clear intent of the Constitution.” The SEC’s order, dated 28 June 2022, revoked Rappler’s certificate of incorporation, meaning that it would cease to operate. The execution of that order was suspended pending Rappler’s challenge.
The SEC first instituted these spurious proceedings against Rappler in 2017, alleging that, by securing investment from an American philanthropic investment fund in 2015, it had violated a legal prohibition on foreign ownership or control of media organisations. It alleged this even though the investment did not grant the investor any ownership or control of Rappler, and despite the fact that many other Filipino companies, including media organisations, had previously secured investment in the same way as Rappler. In overturning the order, the Court of Appeals confirmed that Rappler is “currently wholly owned and managed by Filipinos, in compliance with the Constitutional mandate” and pointed out that even the SEC itself had “found nothing illegal” in securing investment from a foreign investor.
The Court also criticised the SEC’s flagrant violation of due process rules, holding that it “plowed through law and jurisprudence to reach its mark – the death of Rappler”, and that it “violated the hierarchy of courts and ignored procedure.” It emphasised that the SEC’s actions “have no place in a democratic state.”
In a statement following the decision, Rappler described it as “a vindication after a tortuous eight years of harassment”, stating that “it brings us relief and joy that the CA is standing with us — and with journalism. This inspires us to do more, do better.”
Ms Clooney said:
”After 8 years of legal harassment, the Philippines Court of Appeals has finally vindicated our client’s rights and allowed her news site to operate. Maria Ressa is a journalist who speaks truth to power – and the law should not be weaponised to silence her. Although we celebrate this legal victory, Maria still faces years in prison in other spurious cases -- the Philippine authorities are still pursuing a libel conviction before the Supreme Court, prosecuting her for foreign investment and appealing her acquittal in related tax cases. The government could drop these charges at any point – and should demonstrate their commitment to press freedom by doing so now”.
Ms Gallagher KC said:
“The Court of Appeals has confirmed what we have long known: the SEC’s proceedings against Rappler were baseless and unfair, and designed to kill off a successful, innovative media company. The Court’s ruling is good news for media freedom and the rule of law in the Philippines. But there is much more to do. The Marcos administration continues to pursue our brave client, Maria, for her journalism. It is imperative that the Government now draws a line, drops the outstanding charges, and concedes all outstanding appeals. Journalism is not a crime – this legal harassment must end now.”
Ms Ressa added:
“The Court of Appeals’ decision is a welcome relief: a vindication of Rappler and our work. Doing the right thing is the right thing. Thank you to so many who helped us #HoldTheLine.”
Despite this victory, Ms Ressa faces other proceedings, brought as part of a state-sponsored campaign of harassment against her which has now been ongoing for many years. She remains convicted of “cyberlibel” and subject to a 6-year prison term as a result of Rappler’s public interest reporting on alleged corruption by a judge, in a case which is now before the state’s Supreme Court. She still faces separate criminal proceedings, carrying a maximum 15-year sentence, arising out of the 2015 investment. This campaign of “lawfare” against Ms Ressa and Rappler continues to be widely condemned internationally, including by the United Nations, the US Department of State, the US Congress, the European Union and the Media Freedom Coalition of 50 states.
The international legal team led by Amal Clooney and Caoilfhionn Gallagher KC includes fellow barristers Can Yeginsu and Claire Overman and lawyer Alice Gardoll. The team is also working closely with Peter Lichtenbaum, Stephen Rademaker and former Ambassador Daniel Feldman of Covington & Burling LLP.
