The War Against the Philippine Press

The February 13 arrest of Maria Ressa, founder of news website Rappler, understandably raised alarm about the declining state of media freedoms in the Philippines in the eyes of the international community. But while Ressa was subsequently released on bail after overnight detention, the struggles she and Rappler face are set to continue. The case is just one of several indications of how the government of President Rodrigo Duterte is waging war against the Philippine press and freedom of expression more generally.

While the attention on Maria Ressa and Rappler increased following her arrest, the case has been ongoing for some time. While the Duterte government denies it is suppressing the work of media outlets such as Rappler and argues it is merely enforcing the law, the details of the charges filed against Ressa are highly suspect. She was charged with a cyber libel case for an article published by Rappler in May 2012, four months before the law she was charged under was signed and took effect. She was not the writer of the article and she was not even an editor at Rappler during that time. The complaint was filed five years after the fact and was initially dismissed by the National Bureau of Investigation. The same agency then backtracked on its earlier decision and proceeded to file formal charges against Ressa.

Many believe this is a politically-motivated case aimed at intimidating Rappler and other members of the press, and with good reason. Rappler has been a target of the Duterte administration, having its license revoked by the Securities and Exchange Commission, being indicted on tax fraud charges, having its reporters repeatedly barred from entering the presidential palace, and even seeing Duterte himself publicly accusing the outlet of producing fake news.

Rappler’s case is not an isolated incident either. Over the past few months, and in particular since December 2018, the websites of several independent media outlets, which included Bulatlat, Kodao, and Pinoy Weekly, were targeted by well-funded cyber attacks. Initial analysis noted that the attacks increased during specific days when these news websites published articles that highlight resistance against the controversial policies of the government. Since February 8 the National Union of Journalists of the Philippines (NUJP) website has been subjected to distributed denial of service (DDOS) attacks. The NUJP believes this is linked to the cyber attacks against alternative news websites meant to silence the media and intimidate critical voices.

The timing of all this appears hardly coincidental. These cyber attacks, plus the arrest of Ressa, coincide with the start of the election campaign period (indeed, the arrest warrant for Ressa was issued on February 12, the first day of the campaign period for candidates running for national elective positions). Duterte has been vocal in threatening to reject the franchise renewal of a major TV network. Besides targeting the mainstream media, cyber trolls suspected of having links with state agencies continue to spread fake news against the opposition and other forces perceived to be a threat to the Duterte government. This cyber army is aggressive in manipulating public opinion on social media and tilting it in favor of government propaganda. There are suspicions that the seemingly multipronged campaign against the media is aimed at stifling dissenting views that could hurt the electoral chances of the ruling party.

If the trend continues, attacks against the press could worsen. Without judicial intervention, the culture of impunity killings could claim the lives of more journalists, especially local reporters based in remote regions who consistently expose corruption and other abuses. The case of Ressa and Rappler is important as well in this respect: Some worry it could set a worrying precedent because it means journalists and bloggers now run the risk of being charged with cyber libel for articles and reports they posted years ago, or didn’t even write.

If there is some optimism that can be gleaned from the case of Ressa and Rappler, it is the support she has gotten from the public domestically as well as internationally. Free speech advocates were quick to show solidarity to Ressa and Rappler, reiterating their demand to decriminalize libel and amend the Cybercrime Prevention Act. Ressa’s arrest inspired media groups to unite and assert the protection of free speech in the country. They were joined by global media freedom advocates which quickly expressed solidarity with Ressa, Rappler, and Filipino journalists. Human rights groups added their voices in condemning the attacks against the people’s civil liberties.

For Ressa and Rappler, the challenge continues. While she has been released on bail, her legal problems are not over since she and Rappler are facing five tax evasion cases. But Rappler has vowed to stand its ground, hold the line, and defend an independent media. If the aim of the Duterte government and its allies with their media attacks is to distract and mute the opposition, so far it is not succeeding. Instead, these events only highlight how far the government is capable of going to stretch the limits of the law to crack down on its critics, and how loud the voices of its opponents will be in crying foul both at home and abroad to speak truth to power.