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Advancing understanding of the norms and institutions
that best protect the free flow of information and expression.
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Dear Friends,
Press freedom in the Philippines has been in the news. While the recent developments can be celebrated – a Philippine Court of Appeals has just restored the license of news outlet Rappler, co-founded by Nobel Prize Laureate Maria Ressa – the country’s state of press freedom is still erosive: not all court battles have been won yet, and the culture of violence against journalists prevails.
The Philippines remains one of the most dangerous places to report independently and critically of those in power. The country is ranked 134th in the 2024 Press Freedom Index of Reporters Without Borders (RSF). Its score is low, 43.36, and on RSF’s press freedom map, the Philippines appears in dark orange – a “difficult” situation for journalists and media. According to the recent State of the Media in the Philippines report, published by the Center for Media Freedom and Responsibility and featured on our Teaching Portal this week, the numbers are quite alarming: out of 135 attacks and threats against journalists documented from July 1, 2022, to April 30, 2024, state agents were allegedly responsible for 50.
The practice of “red-tagging” – the labeling of dissenters and independent journalists as communists or terrorists in order to silence, intimidate, or subject them to violent attacks – has a long history in the Philippines. Despite that, there is no law against it. In one of the cases we feature this week, the Supreme Court of the Philippines defines “red-tagging” for the first time as a “threat to a person’s right to life, liberty, or security.” In his article titled “Red-Tagging in the Philippines: The Modern McCarthyism Threatening Freedom of Expression,” Sarthak Gupta, Legal Researcher and Editor at CGFoE, argues that by focusing narrowly on security issues only, the Court’s ruling overlooks the broader implications of this detrimental practice on fundamental freedoms, including freedoms of speech, association, the press, and academic and artistic expression. You can find Sarthak’s comprehensive take on the history, continued use, and cases of “red-tagging” on our website.
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Photo credit: Ian DiSalvo, sipa.columbia.edu
Co-founder of the Philippine digital news outlet Rappler, Maria Ressa was awarded the 2021 Nobel Peace Prize for her “efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace.” This academic year, she will join Columbia’s School of International and Public Affairs faculty.
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Philippines
Deduro v. Vinoya
Decision Date: July 4, 2023
The Supreme Court of the Philippines issued a Writ of Amparo - an interim remedy to protect life and security - in favor of an activist and politician on the grounds that there was a substantial chance his life was in danger. The activist submitted that he had been ‘red-tagged’ - a practice where the army alleges that individuals were involved in serious crimes which then leads to risks to that individual. The Trial Court rejected the application for the writ on the grounds that his allegations were baseless. The Supreme Court disagreed and found that there was sufficient evidence to find a prima facie threat to life and security and remanded the case back to the lower court.
Philippines v. RAPPLER and Ressa
Decision Date: September 12, 2023
This is one of more than 20 cases brought against journalist Maria A. Ressa or her news organization, Rappler, Inc, by authorities in the Philippines since 2018. On November 14, 2018 a criminal case was filed against Rappler Holdings Corporation (RHC) and Ressa (the defendants), charging them with being in violation of section 255 of the National Internal Revenue Code, 1997. The complaint alleged that the defendants provided inaccurate information in the tax return of RHC for the second quarter of tax year 2015. Almost five years later, on September 12, 2023, a Regional Trial Court of the National Capital Judicial Region of the Philippines acquitted the defendants. Ressa, a world-renowned journalist with more than 35 years of experience and a Nobel Peace Prize laureate argued that the case was politically motivated and was filed as a form of restraint to the press freedom of Ressa and RHC’s subsidiary – Rappler, Inc. The defendants argued that the government was misusing the power to tax to “silence their freedom [of expression]”. While the court did not discuss the arguments relating to freedom of expression, it acquitted RHC and Ressa of violating section 255 of the National Internal Revenue Code, 1997. As a result, Ressa avoided a potential maximum sentence of 10 years’ imprisonment.
Brazil
Federal Prosecution Office v. Valdemiro Santiago
Decision Date: October 28, 2020
In a preliminary ruling, a Brazilian court ordered the Federal Union (the federal government) to ensure that their messaging on a supposed Covid-19 treatment be neutral and respectful. A religious leader had promoted the sale and planting of bean seeds on YouTube, suggesting that they could address health issues, including mentioning individuals reportedly recovered from COVID-19. Despite being urged to address the issue, the Brazilian Ministry of Health did not classify the claim of healing through planting bean seeds as false, initially including it in the “fake news” section of its website but later removing it, prompting the Federal Prosecution Office to request reinstatement of that information and an identification of the authorities responsible for its removal. Balancing information rights and religious expression, the Court held that the Federal Union must impartially update the Ministry of Health’s website regarding the efficacy of bean seeds/beans for COVID-19 - but avoiding the term “fake news” - and disclose the identity of those responsible for removing prior information from the website.
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COMMUNITY HIGHLIGHTS & RECENT NEWS
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● Philippines: Court Overturns Order to Shut Down News Site Rappler. The International Press Institute celebrates the recent legal victory for news outlet Rappler, co-founded by Maria Ressa, and calls on Philippine officials to uphold press freedom in remaining court cases. In its July 23, 2024, ruling, which Rappler obtained on August 9, 2024, the Court of Appeals Special 7th Division restored Rappler’s license and voided the shutdown order imposed by the Securities and Exchange Commission (SEC) in 2018. The case – one of more than 20 cases against Rappler and Ressa initiated under President Rodrigo Duterte’s administration – was based on the claims that Rappler had violated the foreign ownership law. The Court’s decision was strongly worded, “Like a bull seeing red, the SEC En Banc plowed through law and jurisprudence to reach its mark — the death of Rappler. The SEC En Banc violated the hierarchy of courts and ignored procedure. These actions have no place in a democratic state.” The Court underscored that the constitutional restrictions on foreign ownership should not be used to undermine press freedom. Rappler issued a statement, “We are a Filipino company. We are independent.” The ruling adds to the latest string of legal wins for Ressa and Rappler, with one being Philippines v. RAPPLER and Ressa, featured as a case analysis above. Two more court battles, however, are still ongoing.
● Upcoming Event – IV Global Summit on Disinformation. The Inter-American Press Association, together with its partners, the Foundation for Journalism in Bolivia and the Distrust Project in Argentina, will host the fourth edition of the Global Summit on Disinformation virtually. All within the current context and challenges of disinformation, four main themes will lead the summit – 1) strengthening democracy, 2) media strategies, 3) innovation and AI, and 4) education and media literacy. Julia Angwin, award-winning journalist and founder of Proof News, will give the keynote address and present the results of an investigation into the top five AI models. More speakers – scholars, media, and civil society representatives among them – have been announced. The event is free to attend. September 18-19, 2024, online. Register here.
● Bulgaria: Parliament Passes Law Banning LGBTQ+ “Propaganda” in Schools. The JURIST reports that the Bulgarian parliament passed a law that bans LGBTQ+ “propaganda” in schools. Through the amendment of the Preschool and School Education Act, the law prohibits “the carrying out of propaganda, promotion, and incitement in any way, directly or indirectly, of ideas and views related to non-traditional homosexual orientation and/or the determination of gender identity other than biological.” The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) condemned the amendment in a statement, describing it as “an attack on the rights of children, particularly LGBTI children.” The JURIST and ILGA emphasize how similar Bulgaria’s bill is to Russia’s 2012 anti-LGBT “propaganda” law and Hungary’s 2021 alternative – both contract expression on sexual orientation and have been widely recognized as incompatible with international human rights law.
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TEACHING FREEDOM OF EXPRESSION WITHOUT FRONTIERS
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This section of the newsletter features teaching materials focused on global freedom of expression which are newly uploaded on Freedom of Expression Without
State of Media Freedom in the Philippines 2024. Published by the Center for Media Freedom and Responsibility (CMFR) and prepared together with co-founders of the Freedom for Media, Freedom for All network, the report starts with a warning: the scale of the damage done to press freedom in the Philippines under President Rodrigo Duterte has yet to be known. From July 1, 2022, to April 30, 2024, 135 attacks and threats against journalists have been documented; 45 of those cases are instances of “red-tagging,” and 19 are cases of unlawful surveillance. Alarmingly, 37% of all the cases recorded allegedly bear links to government agents. Eight journalists received charges of libel and “cyber libel.” Three reporters – Rey Blanco, Percy Lapid, and Cresencio Bundoquin – have been killed during that time. Calling for more media to cover human rights issues, the CMFR stresses, “Press freedom is designed to create a society where citizens are continually educated, learning what they must know, helping them develop the judgment to choose good leaders, and committed to democratic development so citizens can exercise their rights without fear.”
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● Report on the Academic Round Table: Freedom of Online Communication Across Transatlantic Borders, by Christian Ollig. This report recaps the academic workshop co-hosted by CGFoE, the Alexander von Humboldt Institute for Internet and Society, the Leibniz Institute for Media Research | Hans-Bredow-Institut, and the UNESCO Chair on Freedom of Communication and Information on April 30, 2024. In four thematic discussion blocks, the speakers reviewed and compared the legal frameworks in the US and the EU, discussed the “horizontal effect” of fundamental rights on platforms and the “state action doctrine,” examined the “hybrid legal thinking” and its risks, and, lastly, focused on TikTok and “constitutionalizing of the internet.”
● CoE Expert Report on the Privacy and Data Protection Implication of the Use of Neurotechnology and Neural Data, by Dr. Eduardo Bertoni and Dr. Marcello Ienca. The report explains neurotechnology and neural data from legal and technical perspectives and tackles the question: How can neurotechnology and neural data affect fundamental rights and freedoms – the rights to privacy and personal data protection in particular? The authors presented the report at the 46th plenary meeting of the Committee of Convention 108 (T-PD) of the Council of Europe (CoE) held on June 5-7, 2024, in Strasbourg.
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