In a decision dated July 23 but only made public on August 9, the Court of Appeals overturned the 2018 ruling by the Philippines Securities and Exchange Commission (SEC) that had ordered the shutdown of Rappler, an independent media organisation co-founded by Nobel Laureate Maria Ressa, restoring its certificate of operation. The court found that the SEC had committed a ‘grave abuse of discretion’, and ordered the country’s corporate regulator to rightfully restore Rappler’s legal status as a locally controlled media company.
The outlet has been engaged in an eight-year-long battle with the government of the Philippines over its extensive coverage and scrutiny of former President Rodrigo Duterte’s abuses of power. Duterte’s administration alleged Rappler violated a constitutional ban on foreign ownership and committed tax evasion, which led to the 2018 ruling and a 2022 decision to shut down the outlet.
Rappler continued to stay operational amidst a number of tax evasion cases, with the Bureau of Internal Revenue accusing the outlet of tax malpractice, alleging that it had knowingly failed to provide consumption tax data in 2015 concerning the distribution of Philippines Depository Receipts (PDR). This led to five separate cases filed against both Rappler and Ressa.
In January 2023, the Court of Tax Appeals dismissed these claims, finding them to be without factual or legal basis. The final tax case was resolved in September 2023 when the National Capital Region’s eastern city of Pasig acquitted Reesa and Rappler of the last tax evasion charge.
Two legal cases now remain against 2021 Nobel Prize winner Maria Ressa, including an Anti-Dummy Law case pending before a Pasig City court, and a cyber libel case related to a 2012 article pending before the country’s Supreme Court, charges condemned by press freedom groups, media unions, and human rights organisations as politically motivated to suppress critical journalism.
At a press conference on August 9 following the victory, Rappler called on the government to stop appealing the cases. “Please stop appealing. We’ve had eight years of harassment… Even though we’ve won the five tax evasion charges. They’ve, again, filed it. They’ve appealed it,” said Ressa.
The NUJP said: “It is vindication for the Rapplers who continued to report and hold the line through the years. We are proud to have stood with you. May the justice achieved on this day signal better days ahead for other media workers also facing legal challenges related to their work.”
The IFJ said: “The overturning of Rappler’s shutdown order represents an important victory for press freedom and the fundamental right to a free and independent media in the Philippines. The IFJ welcomes this ruling as a crucial step in reaffirming the importance of protecting journalists from legal intimidation and ensuring that independent media can operate without fear of unjust persecution. The IFJ urges the authorities to dismiss all pending charges against Rappler and its co-founder Maria Ressa and to cease any further attempts to silence the media.”