THE Supreme Court (SC) has allowed United Nations Special Rapporteur on Freedom of Expression Irene Khan to intervene as an amicus curiae in the cyber libel case of Rappler CEO and Nobel Laureate Maria Ressa.
In a resolution promulgated on January 24, 2024, the High Court’s First Division admitted the amicus brief submitted by Khan.
“The Court resolved to grant the Motion for Leave of Court to allow the United Nations Special Rapporteur on Freedom of Expression Irene Khan to appear as amicus curiae and to admit her amicus brief,” the SC said.
Khan’s brief was submitted to the SC by lawyer Rodel Taton of the Graduate School of Law San Sebastian College Recoletos – Manila last year.
In arguing that she be admitted as a “friend of court,” Khan said she is concerned about the coverage of Republic Act 10175 or the Cyber Crime Law of 2012, which she said failed to adequately protect journalists as well as the right to freedom of expression under Article 19 of the International Covenant on Civil and Political Rights.
The Philippines is among the signatory countries to the said covenant.
“It (cyber crime law) limits the ability of journalists to expose, document, and address issues of important public interest, thereby violating the right to receive and impart information,” Khan told the High Court.
Khan’s amicus brief also said she will help provide the High Court with ” international and regional legal standards on freedom of expression, especially regarding the law on defamation.”
She added that as an expert appointed by the UN Human Rights Council, she has the mandate and task to gather relevant information in relation to alleged violations of the right to freedom of opinion and expression.
Khan also told the SC she has the authority and power to provide recommendations and suggestions to promote and protect the right to freedom of expression.
To recall, Ressa and former Rappler staff writer Reynaldo Santos Jr. were convicted by the Manila Regional Trial Court in 2020 in the cyber libel case filed by businessman Wilfredo Keng.
The case stemmed from an article written by Santos claiming that Keng allegedly lent his sports utility vehicle to then Chief Justice Renato Corona.
Apart from this, the story also cited an intelligence report that said Keng had been under surveillance by the National Security Council for alleged involvement in human trafficking and drug smuggling.
Keng has denied all the allegations.
The Court of Appeals in 2022 upheld the trial court’s decision and denied Ressa and Santos’ motion seeking to overturn their conviction.
This prompted the two to elevate the case to the High Court.
