A Philippine news site co-founded by Nobel laureate Maria Ressa has been allowed to continue its operations after a court overturned a previous shutdown order, according to a ruling made public on Friday. This marks the latest legal victory for Rappler, a media organization that has faced numerous legal challenges.
Ressa and Rappler have been embroiled in several court cases, many of which were initiated during the administration of former president Rodrigo Duterte.
Ressa, who received the Nobel Peace Prize in 2021, was a prominent critic of Duterte, particularly his controversial drug war that began in 2016. Her outspoken stance led to what media advocates describe as a relentless series of criminal charges, investigations, and online attacks against her and Rappler.
The Court of Appeals decision, dated July 23 but only revealed to the public on Friday, overturned a ruling by the Philippine Securities and Exchange Commission (SEC) that had ordered Rappler to shut down.
The court found that the SEC’s order constituted a “grave abuse of discretion” and violated “established procedures, jurisprudential and legal instructions, and the clear intent of the Constitution.”
The SEC’s order, issued on June 29, 2022, just one day before Duterte left office, had revoked Rappler’s “certificate of incorporation” on the grounds that it violated constitutional restrictions on foreign ownership in mass media.
Rappler has remained operational while appealing the SEC’s order.
The Philippine Constitution reserves media ownership and investment for Filipinos or Filipino-controlled entities.
The case against Rappler was linked to a 2015 investment by the U.S.-based Omidyar Network, established by eBay founder Pierre Omidyar.
In an effort to prevent the Duterte administration from shutting down Rappler, Omidyar later transferred its investment to the site’s local managers.
Carlos Conde, a researcher for Human Rights Watch, remarked that “justice and good sense have prevailed” with the court’s decision to overturn the SEC’s shutdown order.
“The Court of Appeals decision to void the SEC’s shutdown order against Rappler is long overdue,” Conde stated. “That order should never have been handed down by the Duterte administration, whose vindictiveness knew no bounds.”
Last year, the Department of Justice dropped a charge against Ressa, which alleged that she had illegally placed Rappler under foreign control.
Ressa has also been acquitted of five government charges related to tax evasion.
However, Ressa and a former colleague are still appealing a cyber libel conviction, which carries a nearly seven-year jail sentence.
Additionally, Ressa faces the possibility of a maximum 15-year jail sentence if convicted in a separate case linked to the Omidyar investment.