Friday, December 4, 2020

Sharing is not cyberlibel

ONLY THE AUTHOR OF A DEFAMATORY STATEMENT — NOT THE PEOPLE WHO SHARED IT ONLINE — IS LIABLE FOR CYBER LIBEL.


"RESSA has asked the Makati court TO DISMISS THE SECOND CASE.

Her lawyers cited the SUPREME COURT'S RULING on the cybercrime law which said ONLY THE AUTHOR of a defamatory statement — NOT THE PEOPLE WHO SHARED it online — is liable for cyber libel.

They said there is NO DEFAMATORY STATEMENT in Ressa's own TWEET which reads: “Here’s the 2002 article on the ‘private businessman’ who filed the cyberlibel case, which was thrown out by the NBI then revived by the DOJ. #HoldTheLine."

"As a CITIZEN and as a JOURNALIST, accused enjoys the protection of the CONSTITUTION which guarantees her FREEDOM OF EXPRESSION, FREEDOM OF OPINION, and as a journalist, FREEDOM OF THE PRESS. The only limitations are those imposed by law and the decisions of the Supreme Court," said the FREE LEGAL ASSISTANCE GROUP, which represents Ressa.

"Keeping people informed, using any platform at her disposal (in this case, Twitter), is PART OF HER DUTY AS A JOURNALIST; certainly, the NON-DEFAMATORY statement she wrote TO INFORM people following her on Twitter falls under the exercise of her right under ARTICLE III, SECTION 4 OF THE 1987 CONSTITUTION and cannot form the basis for this charge," the lawyers said in their MOTION TO QUASH.—AOL, GMA News."

Source  - https://www.gmanetwork.com/news/news/nation/766636/maria-ressa-charged-with-cyber-libel-for-2nd-time/story/