Challenges remain in the Philippines despite Maria Ressa’s court victory
Challenges remain
in the Philippines
despite Maria Ressa’s court victorY
WRITTEN BY CHRIS FITZGERALD
3 November 2023
In September, Maria Ressa, chief executive and co-founder of the Filipino news website Rappler, celebrated her acquittal from her fifth and final tax evasion charge. This follows the Philippine government’s 2018 accusation that Ressa and Rappler avoided tax payments related to the sale of depository receipts to foreign investors.
Ressa’s acquittal is not only a rare victory for press freedom, but it offers the Philippines a chance to distance itself from the brutal regime of the former President, Rodrigo Duterte. Back in January, the Philippine Court of Tax Appeals dropped four other charges of tax evasion for both Ressa and Rappler. At the time, a vindicated Ressa stated: “Today, facts win. Truth wins. Justice wins”.
Ressa greeted the most recent decision with similar jubilation, stating that “journalism is the antidote to tyranny”. In a statement from the outlet, Rappler proclaimed: “This is a victory not just for Rappler but for everyone who has kept faith that a free and responsible press empowers communities and strengthens democracy”. Ressa has always maintained that these charges were politically motivated, and she might have had a point in this respect.
Duterte’s ‘war on drugs’
Rappler gained fame for its fearless investigative reporting of human rights abuses in the Philippines, particularly the deadly 'war on drugs' under President Duterte. Ressa herself won the Nobel Peace Prize in 2021 for “safeguarding freedom of expression” and reporting on growing authoritarianism in the country under the former president.
Maria Ressa’s acquittal is not only a rare victory for press freedom, but it offers the Philippines a chance to distance itself from the brutal regime of the former President, Rodrigo Duterte.
This caught the ire of Duterte, who accused Rappler in 2017 of violating the Philippine constitution. During a State of the Union Address, Duterte claimed that Rappler was “fully owned by Americans”, adding that “not only is Rappler’s news fake, it being Filipino is also fake”. These claims were later found to have no basis — as has been supported by the latest court decision.
Ressa is not alone in being targeted. Former senator and human rights campaigner Leila de Lima has spent more than six years in jail on drug trafficking charges, which she claims are politically motivated due to her open criticism of Duterte's 'war on drugs'. In June, United Nations experts said they were “deeply concerned” about the treatment of de Lima and called for her release.
Duterte was elected in 2016 on a platform of solving the Philippines’ illicit drug problem. The solution was a bloody one. The former president publicly called for the “slaughter” of millions of drug dealers and addicts and offered bounties and legal protection for police accused of drug-related killings. Philippine authorities estimate that more than 6,200 people were killed during the former president’s six-year term in office. Human rights groups have claimed the true number is closer to 30,000 people.
Duterte and his 'war on drugs' was widely condemned, including in a report released last September by the UN Office of the High Commissioner for Human Rights. Duterte stepped down in June 2022 and has since faced an investigation by the International Criminal Court (ICC) for crimes against humanity related to his 'war on drugs'.
Media freedom under Duterte
Press freedom also visibly deteriorated under the former president. The Philippines-based Center for Media Freedom and Responsibility (CMFR) reports that — by the end of Duterte’s term — 23 journalists had been killed, as well as hundreds of cases of threats and harassment towards journalists and media workers.
In 2017, Duterte openly threatened the media, stating “I’m not threatening them, but someday karma will catch up with them”. As evidenced by Ressa’s experience, the former president embarked on a “total war” against journalists, employing defamation and tax evasion legislation to silence those critical of his government.
The fragile nature of independent media in the Philippines is reflected in its poor ranking of 132 out of 180 countries in the Reporters Without Borders’ World Press Freedom Index. However, despite the government’s targeted attacks and constant harassment of journalists, the Index portrays the Philippine media landscape as “extremely vibrant”.
While the Philippines has consistently ranked low in press freedom, Duterte’s open antagonism and use of the courts to suffocate any criticism marked a more damaging approach compared to many of his predecessors. September’s acquittal, however, offers hope that the Philippines is ready to move beyond Duterte’s legacy. Yet, challenges persist.
Despite the victory, challenges remain
For Ressa and Rappler, legal challenges continue as both face two remaining court cases. Ressa, along with her former colleague Rey Santos Jr, is appealing a cyber libel (untrue or damaging information online) conviction, while Rappler is contesting a closure order related to foreign ownership at the Court of Appeals. Both charges relate to their criticism of the Duterte government. Ressa faces a seven-year jail term if her appeal fails.
For his part, current President Ferdinand ‘Bong Bong’ Marcos Jr — who succeeded Duterte in June 2022 — has said he would not interfere in the court battles, citing the separation of powers between his administration and the courts.
Marcos Jr’s own stance on press freedom remains questionable. He is the son of the Philippines’ former dictator, Ferdinand Marcos Sr, who ruled from 1965 till 1986, after which he was deposed by popular uprising. Marcos Sr’s regime was responsible for multiple brutal crimes, including forced disappearances, torture, and extrajudicial killings.
During last year’s election campaign, Marcos Jr avoided TV debates and dodged sensitive questions about his family. Instead, leveraging social media, he mobilised an “army of trolls” to downplay his family's controversial history, disseminate disinformation, and target political opponents and journalists online. This tactic significantly contributed to Marcos Jr’s landslide electoral victory.
Journalists continue to be targeted and remain under threat under Marcos Jr, as reported by the International Press Institute. Remarkably, the CMFR has documented 75 press freedom violations since his inauguration, surpassing any single-year figures under Duterte.
The threat to journalists extends beyond harassment. In October 2022, prominent radio journalist and YouTuber Percival Mabasa, also known as Percy Lapid, was shot and killed in Manila. More recently, radio journalist Cresenciano ‘Cris’ Bundoquin was killed in a drive-by shooting in Calapan City in May. With police officers implicated in Mabasa’s murder, it is evident that, similar to during Duterte’s time, journalists are not safe under this regime.
Marcos Jr also stubbornly refuses to cooperate with the ICC’s ongoing investigation into Duterte’s ‘war on drugs’, stating in July that Manila would “not cooperate with them in any way, shape or form”. These comments came after the ICC rejected an appeal from the Philippines to block the investigation. Despite the country’s withdrawal from the court in 2019, Marcos Jr insisted any inquiries should be locally conducted and executed.
What can be done?
Last October, Marcos Jr publicly vowed to support and protect the “crucial role” of the press, stating that a free press was key to “keeping a well-informed citizenry” and a “collective goal to empower Filipinos and establish a more robust Philippines”.
If the president is serious, the targeting of the press needs to stop. This means no more spurious lawsuits, no harassment, and an end to killings. To achieve this, the government must respect press freedom, avoiding the misuse of judiciary power against journalists, and offending government and law enforcement personnel should face legal consequences.
If Marcos Jr values transparency, he should also reverse his position on the ICC investigation into alleged crimes against humanity during the ‘war on drugs’. The administration should fully cooperate with the court, including aiding the prosecution of any state official who is charged. This will enable justice for victims and their families, helping the country move on from its recent history. If the president refuses to budge, human rights groups should continue to exert pressure on the government to change its stance.
The courts delivered a significant victory this September. But it is now up to Marcos Jr to ensure press freedom is protected under his watch. If he is up to it, the Philippines will be far better for it.
DISCLAIMER: All views expressed are those of the writer and do not necessarily represent that of the 9DASHLINE.com platform.
Author biography
Chris Fitzgerald is a freelance journalist. He writes on political and human rights issues in Central, South, and Southeast Asia. His work has been published in the South China Morning Post, Asia Times, and the Southeast Asia Globe. He is also a Project Coordinator for the Platform for Peace and Humanity's Central Asia programme. Image credit: Flickr/UN Geneva.